Drug Sale and Possession - Overview
Drug Possession
Drug Possession - Options
Drug Purchase
Drug Sale and Delivery
Drug Sale and Delivery in or within 1,000 feet of certain property
Drug Trafficking
Drug Sale and Possession - Laws

Drug Trafficking

Of all the drug crimes in Florida drug trafficking carries the most serious penalties. Under certain circumstances drug trafficking may be charged as a capital offense carrying the ultimate penalty of life in prison without the possibility of parole. Generally, drug trafficking carries minimum mandatory prison sentences as well as high monetary fines. The Florida legislature has taken a very tough and aggressive position on prosecution of these types of crimes and if you have been arrested in Orlando or Kissimmee it may be in your best interest to consult with Orlando criminal defense attorney Will Corzo or Sam Kohrs.

Penalties

Florida Statute 893.135 prohibits the knowing selling, purchasing, manufacturing or delivering of certain controlled substances.  The penalties for the crimes that constitute drug trafficking vary depending on the type of drug and the amount of drug at issue. Below is a listing of penalties associated with the crime of “trafficking” in certain commonly known “controlled substances.”

Marijuana (Cannabis) (893.135(1)(a))

If you are charged with the knowing selling, purchasing, manufacturing or delivering of cannabis in an amount greater than 25 pounds or 300 plants it is a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of cannabis involved:

1. Is greater than or equal to 25 pounds, but less than 2,000 pounds or greater than or equal to 300 plants, but less than 2,000 plants – Minimum mandatory prison sentence of three (3) years and a fine of $25,000.
2. Is greater than or equal to 2,000 pounds, but less than 10,000 pounds or greater than or equal to 2,000 plants, but less than 10,000 plants – Minimum mandatory prison sentence of seven years and a fine of $50,000.
3. Is greater than or equal to 10,000 pounds or 10,000 plants – Minimum mandatory prison sentence of fifteen (15) years and a fine of $200,000.

Cocaine (893.135(1)(b))

If you are charged with the knowing selling, purchasing, manufacturing or delivering of cocaine in an amount greater than 28 grams but less than 150 kilograms it is a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of cocaine involved:

1. Is greater than or equal to 28 grams, but less than 200 grams – Minimum mandatory prison sentence of three years and a fine of $50,000.
2. Is greater than or equal to 200 grams, but less than 400 grams – Minimum mandatory prison sentence of seven years and a fine of $100,000.
3. Is greater than or equal to 400 grams, but less than 150 Kilograms – Minimum mandatory prison sentence of fifteen (15) years and a fine of $250,000.
4. Is greater than 150 Kilograms – Punishable by life in prison with no possibility of any form of discretionary early release and a fine of $250,000.

Morphine, Opium, Oxycodone, Hydrocodone, Hydromorphone (893.135(1)(c))

If you are charged with the knowing selling, purchasing, manufacturing or delivering of these controlled substances in an amount greater than 4 grams but less than 30 kilograms it is a felony of the first degree, which felony shall be known as “trafficking” in these controlled substances, punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of these controlled substances involved:

1. Is greater than or equal to 4 grams, but less than 14 grams – Minimum mandatory prison sentence of three years and a fine of $50,000.
2. Is greater than or equal to 14 grams, but less than 28 grams – Minimum mandatory prison sentence of fifteen (15) years and a fine of $100,000.
3. Is greater than or equal to 28 grams, but less than 30 Kilograms – Minimum mandatory prison sentence of twenty-five (25) years and a fine of $500,000.
4. Is greater than 30 Kilograms - Punishable by life in prison with no possibility of any form of discretionary early release and a fine of $500,000.
5. Is greater than 60 Kilograms and certain conditions are met – Capital felony with maximum fine.

Methamphetamine (Meth, Crystal Meth)

If you are charged with the knowing selling, purchasing, manufacturing or delivering of methamphetamine in an amount greater than or equal to 14 grams it is a felony of the first degree, which felony shall be known as “trafficking in methamphetamine,” punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of methamphetamine involved:

1. Is greater than or equal to 14 grams, but less than 28 grams – Minimum mandatory prison sentence of three years and a fine of $50,000.
2. Is greater than or equal to 28 grams, but less than 200 grams – Minimum mandatory prison sentence of seven years and a fine of $100,000.
3. Is greater than or equal to 200 grams – Minimum mandatory prison sentence of fifteen (15) years and a fine of $250,000.
4. Is greater than 400 grams and certain conditions are met – Capital felony with maximum fine.

GHB and GBL (893.135(1)(h) and (i))

If you are charged with the knowing selling, purchasing, manufacturing or delivering of GHB or GBL in an amount greater than 1 Kilogram it is a felony of the first degree, which felony shall be known as “trafficking in GHB or GBL,” punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of GHB or GBL involved:

1. Is greater than or equal to 1 Kilograms, but less than 5 Kilograms – Minimum mandatory prison sentence of three years and a fine of $50,000.
2. Is greater than or equal to 5 Kilograms, but less than 10 Kilograms – Minimum mandatory prison sentence of seven years and a fine of $100,000.
3. Is greater than or equal to 10 Kilograms – Minimum mandatory prison sentence of fifteen (15) years and a fine of $250,000.
4. Is greater than 150 Kilograms and certain conditions are met – Capital felony with maximum fine.

MDMA (893.135(1)(k))

If you are charged with the knowing selling, purchasing, manufacturing or delivering of MDMA in an amount greater than 10 grams it is a felony of the first degree, which felony shall be known as “trafficking in MDMA,” punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of MDMA involved:

1. Is greater than or equal to 10 grams, but less than 200 grams – Minimum mandatory prison sentence of three years and a fine of $50,000.
2. Is greater than or equal to 200 grams, but less than 400 grams – Minimum mandatory prison sentence of seven years and a fine of $100,000.
3. Is greater than or equal to 400 grams – Minimum mandatory prison sentence of fifteen (15) years and a fine of $250,000.
4. Is greater than 30 Kilograms and certain conditions are met – Capital felony with maximum fine.

LSD (893.135(1)(L))

If you are charged with the knowing selling, purchasing, manufacturing or delivering of LSD in an amount greater than 1 gram it is a felony of the first degree, which felony shall be known as “trafficking in LSD,” punishable as provided in s.775.082, s.775.083, or s.775.084. If the quantity of LSD involved:

1. Is greater than or equal to 1 gram, but less than 5 grams – Minimum mandatory prison sentence of three years and a fine of $50,000.
2. Is greater than or equal to 5 grams, but less than 7 grams – Minimum mandatory prison sentence of seven years and a fine of $100,000.
3. Is greater than or equal to 7 grams – Minimum mandatory prison sentence of fifteen (15) years and a fine of $500,000.
4. Is greater than 7 grams and certain conditions are met – Capital felony with maximum fine.

**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult with an Orlando Criminal Defense Attorney about your legal rights and responsibilities regarding your particular case.**

A complete listing of all Florida Statutes can be found at http://www.leg.state.fl.us/Statutes

Consult With an Experienced Orlando Criminal Defense Attorney

If you are convicted of a Drug Crime in Florida you subject yourself to the following: a permanent criminal record, loss of professional or occupational license, suspension of driver’s license, community service, possible jail or prison time, fines and possible job loss.
 
The facts of every Drug Sale or Drug Possession case is different and often complex that is why it is important that you obtain representation from an Orlando criminal defense attorney experienced in defending, not prosecuting these types of crimes.
 
If you have been arrested and charged with Drug Sale or Possession or any other criminal offense contact Orlando criminal defense attorney Will Corzo or Sam Kohrs.

Available 24-hours a day, 7 days a week

An arrest can happen at any time and sometimes when you least expect it. Should the situation arise, contact Orlando Criminal Lawyer Will Corzo or Sam Kohrs to assist you and answer any questions you may have.