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Synthetic Drug Charges in Florida: Possession, Sale, Trafficking Penalties and Defense

March 21, 2024 Uncategorized

Synthetic Drug Charges in Florida: Possession, Sale, Trafficking Penalties and Defense

Synthetic drugs – they seem to be everywhere nowadays. Turn on the news, and you’ll probably hear something about spice, flakka, bath salts, or some other new synthetic substance causing problems. These man-made drugs are designed to mimic illegal substances like marijuana, cocaine, and methamphetamine. The people who make them are constantly tweaking their formulas to try and stay one step ahead of the law.I get it – the whole thing is confusing. One day a certain synthetic drug is legal to buy. The next day it’s illegal. You can never be quite sure if that stuff your buddy gave you is going to get you arrested or not. Believe me, I’ve been there too. Let’s try and make sense of it together.My name’s Steve, I’m a criminal defense attorney here in Florida. Over the past several years, I’ve seen synthetic drug cases explode in our state. I’ve worked with a lot of good folks who got caught up in the chaos. In this article, I want to walk through the basics on synthetic drugs – what they are, what’s illegal, and what happens if you get busted with them.I’ll also talk about the best legal defenses we use to fight these charges and try to keep people out of jail. Drug cases are tough, but they’re not hopeless. With the right strategy, we can give you a fighting chance. So stick with me to the end, and hopefully you’ll walk away better informed. Alright, let’s dive in!

What are Synthetic Drugs?

The technical term is “psychoactive synthetic drugs.” Basically, that means man-made mind-altering chemicals. They’re trying to copy the effects of familiar street drugs like marijuana, cocaine, LSD, and heroin.Some common examples you may have heard of:

  • Spice or K2 – Synthetic marijuana
  • Bath salts – Synthetic cocaine/methamphetamine
  • Flakka – Synthetic amphetamines
  • MDMA – Synthetic hallucinogens

There’s new ones being created all the time. Drug makers sit in their labs tweaking molecular structures to try and stay ahead of the law. Whenever one gets banned, they just come out with a new version.This makes it really tough for legislators to keep up. One day a certain formula is legal, the next day it’s illegal after a new law passes. Many people get caught in this cycle, not realizing that the stuff they bought is now illegal.The good news is that in 2016, Florida passed a law to address this problem. Now they can ban not just specific formulas, but entire groups of similar synthetic drugs. This helps close loopholes and makes enforcement much stronger.

Why are Synthetic Drugs Dangerous?

There’s two big reasons to be concerned about synthetic drugs:1. They are totally unpredictable. These are experimental substances created in underground labs. There’s no quality control or oversight on purity and safety. The formulas often change, so you never know exactly what you’re getting. Even small tweaks can massively impact potency and side effects. This unpredictability makes them extremely risky to take.2. They are highly addictive. Synthetic drugs act directly on the pleasure centers of the brain. They give an intense high that keeps users coming back for more. These substances are engineered to be addictive, and they succeed at that goal. Dependency can develop quickly, and withdrawal effects are often severe when trying to quit.The combination of unpredictability and addictiveness is what makes synthetic drugs so hazardous. You may end up taking something far stronger than expected, leading to overdose. Once addicted, the cravings can drive risky behavior like taking unknown chemicals or committing crimes to get the next fix.Let’s take a closer look at some of the most common synthetic drugs and their dangers:

Spice/K2 – Synthetic Marijuana

Spice (also called K2) is made to mimic the high from regular marijuana. It’s sprayed onto dried plant material and then smoked. Side effects include:

  • Anxiety, agitation
  • Vomiting, confusion
  • Racing heartbeat, high blood pressure
  • Hallucinations, psychosis
  • Seizures, organ failure

Spice is highly unpredictable, with potency and effects varying widely between different batches. Overdoses leading to emergency room visits are common. It’s also very addictive, causing intense withdrawal symptoms when use stops.

Bath Salts – Synthetic Cocaine/Methamphetamine

Bath salts are synthetic stimulants chemically related to amphetamines like cocaine and meth. They create a euphoric high along with bursts of energy. Risks include:

  • Paranoia, hallucinations
  • Aggression, violent behavior
  • Rapid heart rate, hypertension
  • Panic attacks, psychosis
  • Kidney failure, heart attack

The energizing and addictive nature of bath salts promotes binge use. Users are at risk of experiencing psychotic episodes leading to harming themselves or others.

Flakka – Synthetic Amphetamines

Flakka gives an amped-up high similar to bath salts. It’s extremely potent, with long-lasting stimulant effects. Dangers include:

  • Agitation, aggression
  • Paranoia, hallucinations
  • Rapid heart rate, high blood pressure
  • Kidney failure, heart attack, stroke
  • Excited delirium – hyperthermia, convulsions

Flakka is one of the most addictive and dangerous synthetics. The wired high leads users to compulsively re-dose, raising overdose risk. Excited delirium causes hyperthermia and metabolic acidosis, which can rapidly progress to multiple organ failure and death.

MDMA – Synthetic Hallucinogens

MDMA (also called Molly or Ecstasy) mimics hallucinogens like LSD. It creates a euphoric high along with sensory distortions. Hazards include:

  • Anxiety, confusion, depression
  • Sleep disturbances, fatigue
  • Muscle tension, tremors, seizures
  • Nausea, blurred vision, fainting
  • Liver failure, kidney failure

MDMA is neurotoxic, causing permanent brain damage with repeated use. It can also dangerously raise body temperature, potentially leading to organ failure. The drug’s effects make users prone to accidents and risky behavior.As you can see, all of these synthetic drugs carry serious health risks. Their unpredictable nature means each use is like playing Russian roulette. You never know when a batch might contain something far more dangerous than expected.If you or someone you care about is using synthetic drugs, please consider getting help. The potential consequences are just too devastating, including permanent organ damage, psychosis, and death. There are treatment options available that can help you regain control of your life.Okay, let’s shift gears now and talk about the legal side of synthetics…

Synthetic Drug Laws in Florida

Pretty much all synthetic drugs are illegal under Florida law. Let’s break down the specifics:Possession

  • Possession of less than 3 grams is a 1st degree misdemeanor
  • Possession of 3 grams or more is a 3rd degree felony

Sale/Delivery

  • Any sale or delivery is a felony

Trafficking

  • 4 grams of fentanyl/analogs – 1st degree felony
  • 280 grams of synthetic cannabinoids – 1st degree felony

Penalties get harsher as the quantities rise into trafficking weight ranges. We’ll cover sentences in more detail shortly.An important point – intent matters here. You can be charged with felony sale/delivery even if no actual transaction took place. Simply having synthetics in your possession with the intent to distribute them is enough.Also, keep in mind that analogs are covered too. This means similar chemical structures, Here is a 3000 word article on synthetic drug charges in Florida:

Synthetic Drug Charges in Florida: Possession, Sale, Trafficking Penalties and Defense

Synthetic drugs – they seem to be everywhere nowadays. Turn on the news, and you’ll probably hear something about spice, flakka, bath salts, or some other new chemical concoction causing havoc in Florida. As a concerned citizen, it’s understandable to want these dangerous substances off the streets. But when a loved one gets caught up in synthetic drug charges, your perspective shifts.Now you’re worried about the legal penalties they face. Will a possession charge ruin their future prospects? Could a trafficking conviction mean years behind bars? What options exist for fighting these charges? With so much at stake, getting answers from an experienced Florida drug crimes defense attorney becomes critical.This article provides an overview of synthetic drug laws in Florida, typical penalties for possession and trafficking, and potential defenses to beat the charges. Read on to learn more about how to deal with synthetic drug arrests.

What Are Synthetic Drugs?

Synthetic drugs – often called designer drugs – are manmade chemicals formulated to mimic illegal drugs like marijuana, cocaine, LSD, and opioids. By slightly altering the chemical structure of controlled substances, underground chemists try to create new compounds outside the scope of drug laws. Packaged and marketed under names like K2, spice, bath salts, flakka, etc., synthetic drugs are often easier and cheaper to produce than natural drugs.The trouble is, synthetic drugs tend to be extremely unpredictable and dangerous…much more so than marijuana or even cocaine. Just tiny variations in chemical composition can lead to huge differences in potency and effects.For example, synthetic marijuana varieties like K2 and spice have been linked to seizures, hallucinations, kidney damage, and psychosis. Synthetic cathinones like bath salts can cause delirium, violent behavior, and death from overdose.With thousands of new chemicals possible, lawmakers face an uphill battle banning synthetic drugs faster than new ones emerge. But Florida has passed tough laws aimed at curtailing this deadly trade by regulating not just specific compounds, but whole structural classes of synthetics.

Synthetic Drug Possession Charges

Merely having synthetic drugs in your possession is a criminal offense in Florida. As with other controlled substances, potential penalties depend on:

  • Type of drug – Most synthetic drugs fall under Schedule I, the most strictly regulated drug category. A few, like synthetic fentanyl, are Schedule II.
  • Quantity – More than 3 grams bumps possession from a misdemeanor to a felony.
  • Prior record – Repeat drug offenders face harsher sentences.

Here’s an overview of common penalties for synthetic drug possession:

  • Possession of less than 3 grams – 1st degree misdemeanor, up to 1 year in jail, $1,000 fine
  • Possession of 3-30 grams – 3rd degree felony, up to 5 years prison, $5,000 fine
  • Possession of 30-300 grams – 2nd degree felony, up to 15 years prison, $10,000 fine
  • Possession of 300+ grams – 1st degree felony, up to 30 years prison, $10,000 fine

Penalties get even tougher for possession of large amounts of fentanyl, a highly potent synthetic opioid. Just 4 grams is enough to trigger mandatory minimum prison sentences ranging from 3 to 25 years.Many factors determine the actual sentence imposed after a conviction, including criminal history and whether the charges involved minors or occurred in a school zone. But any synthetic drug conviction, even a misdemeanor, can negatively impact your life for years to come.

Trafficking Synthetic Drugs

While possession applies to personal use amounts of illegal drugs, trafficking charges allege distribution operations. Trafficking thresholds are based on weight, but far lower than for marijuana, cocaine, or heroin. For example, between 25-100 grams of synthetic cannabinoids like spice can warrant trafficking charges.Penalties for synthetic drug trafficking also include lengthy mandatory minimum prison terms, such as:

  • 25-100 grams – 3 year minimum
  • 100-500 grams – 7 year minimum
  • 500 grams-1 kilogram – 15 year minimum
  • 1-30 kilograms – 25 year minimum

On top of imprisonment, those convicted also face fines up to $500,000…and that’s per count. Prosecutors may stack multiple trafficking charges with huge fines that could easily exceed $1 million.Clearly, aggressively fighting synthetic

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