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Drug Trafficking Charges and Mandatory Minimum Sentences in Florida

Drug Trafficking Charges and Mandatory Minimum Sentences in Florida

Florida has some of the toughest drug laws in the country, including mandatory minimum sentences for drug trafficking offenses. This means that anyone convicted of trafficking illegal drugs in Florida will face a mandatory prison sentence based on the type and quantity of drugs involved.

Overview of Drug Trafficking Laws

Under Florida law, drug trafficking involves knowingly selling, purchasing, manufacturing, delivering, or bringing into the state a certain amount of an illegal drug. The mandatory minimum prison sentences for drug trafficking are triggered by possessing certain amounts of drugs like cocaine, heroin, methamphetamine, MDMA, and marijuana.

For example, possessing just 7 grams of cocaine mandates a minimum 3 year prison sentence. Trafficking larger amounts leads to longer mandatory minimums – like possessing between 200-400 grams of cocaine mandates a minimum 15 year sentence. The largest quantities can trigger up to life in prison for drug trafficking.

Florida’s drug trafficking threshold amounts are much lower than federal trafficking laws or other states. This means it’s easier to be charged with trafficking in Florida compared to elsewhere. The strict mandatory minimums are aimed at deterring large scale drug distribution operations. But even small amounts can trigger huge sentences.

Penalties for Drug Trafficking

The penalties for drug trafficking in Florida depend on 3 factors:

• Type of drug
• Quantity of drug
• Location (enhanced penalties for drugs within 1,000 feet of schools, colleges, parks, places of worship, and other areas)

In general, the main penalties for drug trafficking in Florida are:

• Mandatory minimum prison sentence
• Maximum fine of up to $500,000
• Driver’s license suspension for up to 2 years
• Asset forfeiture – vehicles, property, and money associated with the crime can be seized

The lowest mandatory minimum is 3 years for trafficking certain drugs like heroin, oxycodone, hydrocodone, and morphine. The highest minimum is life in prison for trafficking extremely large quantities of drugs.

Fines can range from $25,000 to $500,000 depending on the drug amount. Higher fines apply to trafficking within 1,000 feet of a school or other protected location.

Common Drug Trafficking Charges

The most common drug trafficking charges in Florida involve cocaine, heroin, methamphetamine, MDMA, prescription opioids, and marijuana.

Cocaine – Trafficking sentences start at 3 years for possessing just 7 grams of cocaine. Between 200-400 grams brings a 15 year mandatory minimum. And 1,000 grams (1 kilo) or more triggers a minimum 25 years in prison.

Heroin – Heroin trafficking sentences begin at 3 year minimums for 4-14 grams. A minimum 25 year sentence applies to 30 kilograms or more.

Methamphetamine – You can face a 3 year mandatory minimum for trafficking just 5 grams of meth. 200 grams triggers a mandatory 15 years, while 400 grams brings 25 years minimum.

MDMA – Possessing just 10 MDMA pills (ecstasy) mandates 3 years prison. 200-400 pills brings a 15 year minimum. And 400 grams of MDMA powder or more requires 25 years.

Prescription Opioids – Trafficking sentences for drugs like oxycodone, hydrocodone, and morphine start at 3 years prison for 4-14 grams. Up to 25 years minimum applies to 30 kilograms or more.

Marijuana – Trafficking marijuana starts with 3 year minimums for 25-2,000 lbs. But 50-100 lbs brings a mandatory 15 years, while 2,000 lbs or more requires 25 years minimum prison.

Defenses Against Drug Trafficking

The best defense against a drug trafficking charge depends on the circumstances of your case. Possible defenses include:

• Lack of knowledge – Prosecutors must prove you knowingly possessed or trafficked the drugs. You can fight charges by showing you did not know about the presence or amount of drugs.
• No possession – You can argue the drugs were not actually in your possession or control. For example, if drugs were found in a car you were driving, you can argue they belonged to someone else.
• Entrapment – An entrapment defense claims police improperly induced you into committing a crime you otherwise wouldn’t have. This may apply if you were pressured into a fake drug deal.
• Illegal search – Trafficking charges often stem from vehicle stops or home searches. You may be able to suppress drug evidence from an unconstitutional search.
• Incorrect weight – The drug weight directly determines your mandatory minimum sentence. You can fight for an independent reweighing of the drugs to confirm the accuracy.
• Addiction – Those struggling with drug addiction may be eligible for diversion programs instead of criminal prosecution.

How a Defense Lawyer Can Help

The best way to fight drug trafficking charges is hiring an experienced criminal defense attorney. A lawyer can evaluate the strength of your case and identify the best defenses.

They will aggressively challenge improper police conduct that led to your arrest. Your lawyer may also negotiate with prosecutors for reduced charges or alternate sentencing options that avoid lengthy mandatory minimums.

In some cases, providing substantial assistance to police investigations allows prosecutors to file a sentencing departure motion. This can let judges impose a more lenient sentence than the mandatory minimums.

Defense lawyers also know how to present evidence and testimony in the best light at trial. In cases with good defense options, they may take your case to trial for an acquittal on all charges.

Consequences of a Drug Trafficking Conviction

The long mandatory prison sentences make a drug trafficking conviction extremely serious. In addition to years or decades behind bars, other consequences include:

• Felony record – Drug trafficking convictions can never be expunged under Florida law. The felony record results in lost civil rights and impacts future employment.
• Probation – Trafficking sentences involve probation after release from prison. Violating probation risks being re-sentenced to the full mandatory minimum.
• Immigration issues – Non-citizens charged with trafficking may face detention and deportation. Lawful permanent residents can lose their green cards.
• Asset forfeiture – Homes, vehicles, cash, and valuables used in drug crimes are subject to civil asset forfeiture. You can permanently lose property even without a conviction.
• Loss of licenses – Drug felonies lead to losing professional licenses and certifications needed for many jobs.

Recent Changes to Florida’s Drug Laws

While Florida’s drug trafficking laws remain harsh, recent reforms have reduced penalties for other drug crimes. Most drug possession charges are now misdemeanors with no mandatory minimum sentences.

Florida also passed legislation in 2014 that provides emergency responders with immunity for reporting drug overdoses. This helps remove the fear of arrest that previously deterred people from calling 911 during an overdose.

Medical marijuana is now legal in Florida as well for treating certain health conditions. But marijuana trafficking laws remain fully enforced, even for cannabis trafficking within legal limits.

Conclusion

Florida imposes some of the toughest mandatory minimum sentences in the country for drug trafficking convictions. Even small amounts of illegal drugs can trigger years or decades behind bars.

The complex drug trafficking laws mean it’s essential to have an experienced criminal defense attorney represent you from the start of a case. They can evaluate potential defenses and work to achieve the best possible outcome – avoiding mandatory minimum sentences whenever possible.