In the State of Florida, drug crimes have been the most vigorously prosecuted crimes by Florida prosecutors in every county within the state. Whether the offender is a small-time drug dealer or the offender is a major drug trafficker, the State of Florida has no tolerance for drug-related crimes. If a defendant is found guilty of a drug crime in Florida, justice court judges are required by state law to impose the state's minimum mandatory prison sentences and punishments.
At Musca Law, our Florida Drug Crime Defense Lawyers fight tooth and nail to have our clients' criminal cases dismissed, or our client's drug charges reduced, and our clients are always an integral part of the defense process. The attorneys at Musca Law limit their practice to criminal defense. Drug crimes are punished long prison sentences, and it is essential that you retain an attorney who will fight hard to obtain a favorable outcome in your case.
The following are some of the more serious drug traffic offenses:
Cocaine Trafficking Laws in Florida – F.S. 135(1)(b)
Ecstasy Trafficking Laws in Florida – F.S. 893.135(1)(k)
Heroin Trafficking Laws in Florida – F.S. 893.135(1)(c)
Hydrocodone Trafficking Laws in Florida – F.S. 893.135(1)(c)
LSD Trafficking Laws in Florida – F.S. 893.135(1)(l)
Marijuana Trafficking Laws in Florida – F.S. 893.135(1)(a)
Methamphetamine Trafficking Laws in Florida – F.S. 893.135(1)(f)
Florida prosecutors work hard to put drug crime defendants in jail for as long as possible. Often times, a prosecutor will try to tack on as many criminal charges as possible in order to gain the upper hand in a criminal case and pressure a defendant into a plea deal. If you have been arrested for a drug crime or any other crime, call Musca Law 24/7 at 888-484-5057 to receive your free case review. Our criminal defense attorneys will explain your legal rights and may be able to determine if you have been a victim of “overcharging” in your criminal case. We will also help you understand your legal options.
Florida´s Drug Trafficking Definition
In the State of Florida, drug trafficking is defined as the deliberate selling, purchasing, manufacturing, delivering, possessing, or transporting of a "trafficking amount" of illegal drugs into the State of Florida.
The term "trafficking amount" means the minimum amount of specific illegal drugs required to establish a drug trafficking charge. In the State of Florida, as the amount of the illicit drug possessed increases, so does the minimum mandatory prison sentence.
The minimum "trafficking amount" of the most common drugs are:
Cannabis – 25 pounds or more (300 plants or more)
Cocaine – 28 grams or more
Oxycodone – 4 grams or more
Ecstasy (MDMA) – 10 grams or more
Hydrocodone – 4 grams or more
GHB – 1 kilogram or more
LSD – 1 gram or more
The minimum mandatory sentences imposed by a judge will depend on the type of narcotics found the quantity discovered. Also, Florida law permits justice court judges to increase the mandatory minimum sentences for a habitual offender, or an offender with several prior convictions.
Possession or trafficking marijuana in the amount of 25 pounds or more (300 plants or more) carries the following penalties if convicted:
- 25 to 2,000 pounds: A minimum three year prison sentence plus a fine of up to $25,000.
- 2,000 to 10,000 pounds: A minimum jail sentence of seven years plus a fine of up to $50,000.
Opioids include a family of opioid family of drugs, which include morphine, fentanyl, heroin, and prescription opiates. Drugs such as amphetamines, hallucinogens, methamphetamines, and other illegal drugs carry similar penalties.
If a defendant is found in possession of 4 grams or more of the following illegal substances, the defendant could be charged with a drug trafficking offense.
The legal consequences if found guilty include:
- 4 to 14 grams: A three year minimum prison sentence plus a fine of $50,000.
- 14 to 28 grams: A seven year minimum jail sentence plus a fine of $100,000.
- 28 grams to 38 kilograms: A 25 year minimum jail sentence plus a fine of $500,000.
Cocaine Trafficking, Sales and Distribution
Cocaine becomes a felony in the first-degree when a defendant is found in possession of 28 grams or more of cocaine. The punishments if found guilty include:
- 28 to 200 grams: A three year minimum prison sentence plus a fine of $50,000.
- 200 to 400 grams: A seven year minimum jail sentence plus a fine of $100,000.
- 400 grams to 150 kilograms: A fifteen year minimum jail sentence plus a fine of $250,000.
Please note that these are the minimum punishments if found guilty of a drug crime. An individual could receive more prison time if the justice court judge permits it. Should you or a loved one be charged with a drug crime, it makes sense that you or your loved one defends yourself in court. In many cases, a criminal charge could be thrown out due to technicalities such as an illegal search.
Defenses to Drug Trafficking Charges in the State of Florida
When an experience drug crime defense lawyer from Musca Law is representing a client. Our criminal defense attorneys will look at the circumstances of the case and determine which strategies are best suited in a criminal case. An experienced attorney will argue these issues in a “Motion to Suppress” or a “Motion to Dismiss.”
These legal defenses might include an assertion of:
- Illegal Search and Seizure
- Insufficient Evidence
- Statute of Limitations Violations
- Warrantless Stop
One of the best opportunities to win a drug crimes case is alleging and arguing that police performed an illegal search and seizure. Police are required to follow specific legal procedures before making a stop on a motor vehicle, initiate a search of the car, and in some cases, to question a potential suspect. If it is discovered that a law enforcement officer violated any law, the evidence being used against the defendant could be suppressed. This means the evidence in the case is thrown out, and the defendant has an excellent chance of beating the drug charges.