In Florida, the severity of drug trafficking charges depends on the type of drug and the amount in possession. Possession of more than 20 grams of marijuana is a felony charge. Possessing more than four grams of oxycodone may result in a minimum mandatory prison sentence of three years whether you intended to sell the drugs or not. It is therefore crucial to review your options with a well-qualified and reputable defense lawyer who will fight for your freedom.
West Palm Beach Drug Trafficking Attorney
The attorneys at the law firm of Andrew D. Stine, P.A. in West Palm Beach, Florida, take a proactive approach in defending clients against drug trafficking charges in the surrounding area, including Boca Raton. They use their experience handling drug crimes and knowledge of Florida law to reduce charges whenever possible.
Contact Andrew D. Stine, P.A. at 561.880.4300 and set up a consultation on your drug trafficking charges. Your first consultation is free, and is the first step in crafting your defense.
Drug Trafficking in Florida
Florida Statute § 893.13 states that anyone who delivers or sells a controlled substance can be charged with drug trafficking. Furthermore, if an individual travels from another state into Florida, while in possession of a controlled substance, he or she can be charged with drug trafficking.
The severity of drug trafficking charges are usually based on the classification of how serious the drug is, as well as how much of the drug was in the individual’s possession at the time.
Florida’s Drug Schedule
In Florida, all control substances are classified in Schedules. These classifications are based on how addictive each drug is and whether or not that drug has any accepted medical use. According to Fla. Stat. § 893.03, the drug Schedules are as follows:
- Schedule I drugs are thought to be the most addictive drugs and have no accepted medical use in the U.S. (marijuana, heroin, meth).
- Drugs in Schedule II have a high likelihood to be abused and have very limited medical uses (oxycodone, hydrocodone).
- Schedule III drugs are less addictive than drugs in Schedule I and II and have accepted medical uses in the U.S. (steroids).
- Drugs in Schedule IV drugs are less likely to be abused than Schedule III drugs, and have many common medical uses.
- Schedule V drugs are the least addictive drugs and are frequently used to treat medical ailments.
Because of the dangers and addictive nature of drugs in Schedule I, the penalties associated with trafficking them are more serious than the penalties associated with drugs in lower schedules.
Penalties for Drug Trafficking in Florida
Two of the most commonly trafficked drugs in Florida are Marijuana and Cocaine. According to Fla. Stat. § 893.135, the penalties associated with these two drugs are as follows: Marijuana:
- For amounts between 25-2,000 pounds, individuals face a minimum of three years in prison and a $25,000 fine.
- For amounts that weigh between 2,000 and 10,000 pounds, there is a mandatory seven year prison sentence and a $50,000 fine.
- If the amount is over 10,000 pounds, there is a 15 year mandatory prison sentence and a $200,000 fine.
- If an individual is convicted of trafficking 28 to 200 grams of Cocaine, he or she will be sentenced to a minimum of three years in prison, and will have to pay a $50,000 fine.
- Trafficking 200 to 400 grams of Cocaine can be punished by a minimum of seven years in prison, and with a $100,000 fine.
- If the amount of Cocaine is from 400 grams to 150 kilograms, an individual faces a minimum of 15 years in prison, along with a $250,000 fine.
- Anyone who is convicted of trafficking over 150 kilograms of Cocaine will be sentenced to life in prison, without the possibility of parole.
Other commonly trafficked drugs include oxycodone, morphine, hydrocodone, and opium. The punishments associated with these types of drugs are:
- Between 4 and 14 grams – minimum prison sentence of three years in prison and a $50,000 fine
- 14 to 28 grams –15 year minimum prison sentence with a $100,00 fine
- Between 28 grams and 30 kilograms – 25 years mandatory prison sentence, and a $500,000 fine
- Over 30 kilograms – life in prison without the possibility of parole
Defenses for Drug Trafficking in Florida
- Entrapment – Sometimes, police officers will trick an individual into committing a crime they otherwise would not have committed. If this describes your situation, our defense team will defend you by arguing entrapment and attempt to have your case dismissed.
- Illegal search and seizure – If the evidence against you was obtained without a search warrant, Stine will file a motion to suppress evidence, which may cause the prosecution to reduce or drop the charges against you.
- False allegation – If you were charged for trafficking Oxycodone or Roxicodone and you have a prescription for these drugs, our firm will work to have your case dismissed.
- Plea bargain – When there is significant evidence against our client, such as in some cases of marijuana cultivation and grow houses, a plea agreement may be the best option. Plea agreements can often reduce or eliminate prison time.
Andrew D. Stine, P.A. | West Palm Beach Drug Trafficking Attorney
If you have been charged with drug trafficking in West Palm Beach, Boca Raton, Boynton Beach, Delray Beach, Greenacres, or the surrounding areas, contact Andrew D. Stine, P.A.. Stine is a dedicated criminal defense attorney who will aggressively attack the prosecution’s case against you, and use his knowledge of the legal process to help you avoid prison time.
Contact Andrew D. Stine, P.A. at 561.880.4300 to set up a free consultation on your drug charges, and let the devoted West Palm Beach criminal Defense attorneys fight to protect your freedom.