Drug Possession vs. Trafficking in Florida
Florida is a no-nonsense state when it comes to certain crimes, such as those involving drugs. Even simple drug possession is taken seriously, resulting in fines and jail time.
Drug possession and drug trafficking are two distinct offenses in Florida. Possession is typically a misdemeanor, while trafficking is almost always a felony. Here’s a look at the two in more detail.
Drug Possession
Drug possession means having illegal substances for personal use. It can be simple possession (small amounts) or possession with intent to sell (larger amounts or packaging indicating distribution). Simple possession is often a misdemeanor (for under 20 grams of marijuana, for example) but it can be a felony for harder drugs (such as cocaine and heroin).
Penalties depend on the type and amount of drug:
- Misdemeanor possession. The penalties include up to one year in jail, up to $1,000 fine, and possible license suspension.
- Felony possession. The penalties include up to five years in prison, up to $5,000 fine, and a felony on your criminal record, which can affect employment and housing.
Drug Trafficking
This involves selling, transporting, or possessing large amounts of controlled substances. Unlike simple possession, trafficking is based solely on the quantity, even without evidence of intent to sell. Trafficking carries mandatory minimum prison sentences and hefty fines, depending on the drug type and amount.
Mandatory Minimums
Florida has mandatory minimums in place for trafficking drugs. The penalties depend on the weight. For example, if a person is charged with trafficking synthetic cannabinoids and is in possession of between 280 and 500 grams of the drug, they will be sentenced to a mandatory minimum term of imprisonment of three years and be ordered to pay a fine of $50,000.
Those in possession of 500 to 1,000 grams of the drug will be sentenced to a mandatory minimum term of imprisonment of seven years. They will also be ordered to pay a fine of $100,000.
Those in possession of an amount ranging from 1,000 grams to 30 kilograms will face a mandatory minimum term of imprisonment of 15 years, as well as a fine of $200,000.
Legal Defenses
Legal defense strategies for drug trafficking vary based on the circumstances of the case. Here are some common defenses:
- Lack of knowledge. You must knowingly possess the drugs to be convicted. If you were unaware of their presence, this could be a strong defense.
- Illegal search and seizure. If law enforcement violated Fourth Amendment rights (such as searching without a warrant or probable cause), evidence may be suppressed, potentially leading to case dismissal.
- Insufficient evidence. If prosecutors lack direct evidence tying you to the drugs, they may struggle to prove their case.
Contact Us Today
Whether you have been charged with drug possession or trafficking, the penalties are severe in Florida. Your life and future are at stake.
A Fort Myers drug possession attorney from Hollander & Hanuka can defend you if you are facing charges. We understand the complexities of Florida’s drug laws and are prepared to fight for your rights in and out of court. Schedule a consultation today by calling (239) 332-3300.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.135.html
