Prosecution of Flakka Possession Charges in Florida
South Florida has again become the pinnacle for the harms associated with a new designer drug on the market named Flakka. The local newspapers and local nightly television news stations, throughout South Florida, are providing story after story about bizarre behavior of individuals associated with the use of Flakka. Flakka is a second generation bath salt. Flakka is reportedly more addictive then Meth or Crack cocaine. Flakka is a synthetic drug, being produced predominately in China and then shipped to the United States through nationally recognized shipping companies. Flakka can be inhaled, injected, smoked and even dissolved in a liquid and consumed orally. The drug Flakka has been duped the $5.00 insanity drug. The cheap cost of the drug, as low as $5.00 a hit, allows all walks of society to purchase it and the instability of the user’s mind that the drug produces after consummation has given it the street name of “insanity.” It has been reported that after using Flakka, the body temperature can rise to 105 degrees causing such extreme behaviors that individuals have been reported to taking off their clothes and running naked through the community.
The Palm Beach County Drug Task Force and the Federal Authorities including the DEA, ATF and FBI have been indicting local Flakka smugglers, Flakka dealers and Flakka possessors in an attempt to curve the violence and harms associated with this new designer drug. But under what authority of law do the Federal Agents and State Law Enforcement officers have the right to stop someone from consuming a product that is being shipped into the United States and Florida?
Under Florida State and Federal Laws it is unlawful to possess, import, distribute and traffick in a controlled substance. In order for the government to be successful in their prosecution of a Flakka case or any other illegal drug crime, the government must show in their prosecution of that the accused: (i) unlawfully possessed a controlled substance and (ii) had knowledge of the presence of the contraband with the ability to maintain control over it or reduce it to possession. In order to gain a conviction of the accused Flakka distributor, the Government must show that the accused knew the drug was illegal.
After all many ask, if Flakka is only a bath salt, what makes it illegal given it is being shipped through the normal channels of commerce like through Fed Ex, UPS and RPS and is actually coming from America’s trading partner China? The answer is in the ingredient “Alpha-PVP.” Under Florida and Federal Drug Laws it is illegal to possess, import, distribute and traffick in the substance alpha-PVP, which is the ingredient found in Flakka and therefore it is listed as a prohibited chemical under the law.
Law Enforcement Officials understand that bath salts, like Flakka, are illegal because of their training on the matter, but how can the police show that the defendant accused of Possession of Flakka knew the substance was illegal? The easiest way for Law Enforcement Officials to prove knowledge is through “statements” made by the accused, after they are arrested. Knowledge of the presence of contraband can be proven by the police through statements made by the defendant that he or she knew they were possessing a substance knows for its street name as Flakka. Providing law enforcement officers with a statement that the accused knew they were receiving a package from China containing Flakka after signing for it is enough to prove knowledge under the laws of Florida and in the Federal courts.
If you or a loved one has been arrested or is facing an indictment on any drug crime, including unlawful possession, importation, distribution and or trafficking in a controlled substance like Flakka, contact South Florida Criminal Defense Lawyer, Andrew D. Stine, at 561.880.4300 for you free immediate consultation. Palm Beach Criminal Defense Attorney, Andrew D. Stine, has trial experience in dozens of drug crimes and a proven track record of Not Guilty verdicts in Trafficking in Illegal Substances with over a decade of experience. Hire Stine or Do the Time!