Orlando Drug Crime Lawyers
Fighting For Your Rights
If you have been charged with a drug crime, it can be very scary. You may be confused and have anxiety. Will you face jail time? How much will the fines be? What other penalties could you face? All of these are relevant questions that an experienced attorney can assist you in answering.
You have every right to worry about your future when you have been charged with a drug crime. Orlando does prosecute harshly for these crimes. Both the state and federal government can prosecute individuals when there are crimes involving drug trafficking, heroin, marijuana, cocaine, and prescription drugs.
Not sure who to hire to fight for your rights? Orlando’s Musca Law Firm has represented many defendants in drug crimes. We want to help you fight this charge and will be right beside you for the whole case. Please call us at (888) 484-5057 to schedule your free consultation today.
Types of Drug Crimes in Orlando
In Orlando and the rest of Florida, there are a wide variety of drug crimes. These could be classified as misdemeanors or felonies. Some of the most common types of drug crimes include:
- Trafficking a controlled substance
- Selling a controlled substance
- Manufacturing a controlled substance
- Delivering a controlled substance
- Possessing a controlled substance
- Falsely obtaining a controlled substance
- Falsely prescribing a controlled substance
- Grow Houses
- CCE (Continuing Criminal Enterprise) / Kingpin
- Conspiracy to Distribute
- Minor in Possession
- Possessing a controlled substance with the intention to sell, manufacture, or distribute a controlled substance
- Drug Sale near a School Zone
- Possession of Drug Paraphernalia
- Meth Labs
- Conspiracy to Distribute
Schedule of Drugs in Orlando
There are five different schedules of drugs. The lower the schedule, the higher the chances are of becoming addicted to it.
Schedule I drugs are highly addictive. They have no accepted medical use or treatment in the United States. No prescriptions can be written out for this schedule of drugs. They lack accepted safety. Examples of Schedule I drugs include:
- Marijuana, including the cannabis plant and its cannabinoids
- αMT (alpha-methyltryptamine)
- Peyote (Lophophora williamsii)
- MDMA, which is commonly known as ecstasy
- Heroin (diacetylmorphine)
- LSD (lysergic acid diethylamide)
- BZP (benzylpiperazine)
- Psilocybin and psilocin
- Methaqualone (Quaalude, Sopor, Mandrax)
Schedule II drugs have a high potential for abuse. These controlled substances do have accepted use in the United States as a medical treatment, but have severe restrictions on using them. If there is abuse in using schedule II drugs, there is a possibility of severe psychological or physical dependence.
Examples of Schedule II drugs include:
- Mixed amphetamine salts (Adderall)
- Secobarbital (Seconal)
- Pethidine (USAN: Meperidine; Demerol)
- Phencyclidine (PCP)
- Opium and opium tincture (laudanum)
- Cocaine (used as a topical anesthetic)
- Methylphenidate (Ritalin) and dexmethylphenidate (Focalin)
- Lisdexamfetamine (Vyvanse)
- Dextromphetamine (Dexedrine)
- Nabilone (Cesamet)
- Tapentadol (Nucynta)
- Dextromethamphetamine (Desoxyn)
- Short-acting barbiturates, such as pentobarbital and Nembutal
Schedule II drugs cannot be obtained unless one has a valid prescription from a practitioner. They may not have any refills on them and they may not be called in. They must have a written prescription that is presented to the pharmacist at the time of filling it.
Schedule III drugs have the potential for abuse but are much lower than schedule I and II drugs. This drug has been accepted by the medical community in the United States. If there is any abuse of this drug, it could lead to moderate or low physical dependence or high psychological dependence.
Examples of Schedule III drugs include:
- Ergine (lysergic acid amide)
- Hydrocodone / codeine, when compounded with an NSAID (Vicoprofen, when compounded with ibuprofen) or with acetaminophen (paracetamol) (Vicodin / Tylenol 3)
- Anabolic steroids
- Intermediate-acting barbiturates
- Phendimetrazine Tartrate
- Benzphetamine HCl (Didrex)
- Fast-Acting barbiturates
Schedule III controlled substances can only be dispensed with an oral or written prescription. They can not be refilled for more than 6 months after the original date, nor can they be refilled more than 5 times. If a refill is needed, the prescriber will need to call in for another prescription.
Schedule IV controlled drugs have low abuse potential. These are medical treatments that are used in the United States with any abuse leading to limited physical dependence or psychological dependence if there is any.
Examples of Schedule IV drugs include:
- Alprazolam (Xanax), Chlordiazepoxide (Librium), Clonazepam (Klonopin), Diazepam (Valium) and other types of Benzodiazepines
- Temazepam (Restoril)
- Flunitrazepam (Rohypnol)
- Tramadol (Ultram)
- Carisoprodol (Soma)
- Pentazocine (Talwin)
- Chloral hydrate
- Phenobarbital and other long-acting barbiturates
- zolpidem (Ambien), zopiclone (Imovane), eszopiclone (Lunesta), and zaleplon (Sonata)
Schedule IV drugs may only be filled up to 5 times after the initial fill-up. The refills are only good for 6 months.
Schedule V drugs have a very low potential for abuse. They are currently accepted by the medical community in the United States. They may lead to limited physical dependence or psychological dependence.
Examples of Schedule V drugs include:
- Cough suppressants containing small amounts of Codeine
- Pregabalin (Lyrica), Lacosamide (Vimpat) and Retigabine (Potiga/Trobalt)
Possession of a Controlled Drug
Possession of a controlled drug occurs when any law enforcement officer finds one in possession of a controlled substance. This can either be found on your person, in your vehicle, or on your personal property. Possession of drugs such as marijuana, cocaine, and heroin will depend upon what schedule these drugs are in, as well as how much of each drug was in possession.
If one is in possession of more than 10 grams of any schedule I drug, it is labeled as a first-degree felony. This will result in either up to 30 years in jail, a fine of up to $10,000 or both.
If a person is in possession of any other controlled substance drug, it will be classified as a felony in the third degree. This is punishable by up to five years in prison, a fine of $5,000, or both.
Possession of up to 20 grams of marijuana will be classified as a misdemeanor in the first degree. This has a fine of up to $1,000, a year in jail, or both.
Possession of more than 20 grams of marijuana is a felony in the third degree. This will be penalized with a fine of $5,000, 5 years in prison, or both.
Drug Trafficking in Orlando
In Orlando, drug trafficking is defined as selling, delivering, manufacturing, purchasing, or importing specific amounts of schedule I and schedule II drugs. Depending on the drug in question, the penalty will vary when charged.
Cocaine trafficking is labeled as a first degree felony. This is punishable by up to 30 years in state prison. There are minimum sentences that are mandated by the state. These include:
- A three-year minimum sentence for 28 to 200 grams of cocaine with a fine of $50,0000.
- A seven-year minimum sentence for 200 to 400 grams of cocaine with a fine of $100,000.
- A fifteen year minimum sentence of 400 grams to 1.5 kilograms with a fine of $250,000.
Heroin trafficking is also a first-degree felony charge. This could be penalized for up to 30 years in Florida State Prison. The minimum sentence is mandated by state law. These include:
- A three-year minimum sentence is mandated for 4 to 14 grams of heroin with a fine of $50,000.
- A fifteen year minimum sentence is mandated for 14 to 28 grams of heroin with a fine of $100,000.
- A twenty-five-year minimum sentence is mandated for 28 grams to 30 kilograms of heroin with a fine of $500,000.
Any cannabis trafficking charge will be classified as a first-degree felony. This can be punished by up to 30 years in state prison. The minimum sentences include:
- A three-year minimum sentence will be imposed for anyone who is in possession of 25 to 2,000 pounds of cannabis or 300 or more plants. This will carry a fine of $25,000.
- A seven-year minimum sentence will be imposed for anyone who is in possession of 2,000 to 10,0000 pounds of cannabis or 2,000 or more plants. This will carry a fine of $50,000.
- A fifteen year minimum sentence will be imposed for anyone that is in possession of 10,000 pounds or more of cannabis or 10,000 or more plants. This will carry a fine of $250,000.
Drug Sales in School Zones in Orlando
Under Florida law, one is not permitted to sell, deliver, manufacture, or possess any drugs within 1,000 feet of the following:
- A public or private elementary, middle, or secondary school between 6 a.m. and midnight.
- A public or private college, university or other post-secondary educational institution.
- A publicly owned recreational facility.
- A church or location where a religious organization regularly conducts religious services.
- A child care facility, which includes any child care center or arrangement that provides child care for more than five children, is unrelated to the operator and which receives payment for the children receiving care.
- Public housing facility.
- An assisted living facility.
- A state, county, or municipal park.
- A community center, which includes a facility operated by a non-profit community-based organization that offers educational, social, or recreational services to the public.
If an individual is found to be selling, manufacturing, or delivering any illegal drug by one of these properties, the penalties for drug crimes will be enhanced. If they are committed within the 1,000 feet law, then the classification will be increased by one degree (example: if in any other place, the classification was a third degree felony, being 1,000 feet or less from any one of these properties would be classified as a second-degree felony).
If an individual is found guilty of having the intention to sell near one of these properties, the individual will spend a mandatory sentence of three years. Other factors will come into play to determine the rest of the sentence:
- What is the past criminal record/history of the individual?
- What type of drugs were in their possession?
- What was the amount of drugs they had in their possession?
- Does the individual have any legal representation?
Drug Paraphernalia in Orlando
In Orlando, drug paraphernalia is defined as any product or equipment that is intended to be used for making or modifying drugs. It can also be used to conceal these drugs. Many common household products can be used as drug paraphernalia. These include:
- Razor blades
- Bottle caps
- Cotton balls
- Rubber tubing
- Small mixing bowls
Other items that are considered drug paraphernalia include:
- Roach clips
- Chillums/hash pipes
- Metal, wood, ceramic, stone, glass, plastic, or acrylic pipes
- Cocaine freebase kits
- Cigarette papers
In Orlando and the rest of Florida, possession of drug paraphernalia penalties includes up to a year in jail, 12 months probation, and a fine of $1,000. Generally, if there is a charge of possession of drug paraphernalia, it will accompany another charge, such as possession of marijuana.
Trusted and Skilled Orlando Drug Crime Attorneys
If you hire a lawyer from Musca Law in Orlando, you will have access to drug crime attorneys that you can trust. Our lawyers provide the best defense possible and often work together in order to obtain the best defense possible. Musca Law has a combined experience of over 150 years, which shows that you are getting the best of the best when it comes to attorneys in the area.
Musca Law serves the entire state of Florida. We offer a free initial consultation to determine if we are the correct fit for your case. We accept phone calls 24 hours a day, 7 days a week. We realize that life does not always follow our plans, and we want to be accessible to you.
Our firm has a twofold philosophy. We will provide a criminal defense that is aggressive and strong, focusing on the strengths of your case. Our lawyers will expose the weaknesses of the prosecution and hold them to the burden of proof. We will also provide a very high level of personalized service, keeping you updated on changes in the case.
Call Musca Law today to schedule your appointment. We offer night and weekend hours as we realize life can be hectic. We look forward to meeting you and helping you regain your freedom.