Since the War on Drugs began several decades ago, states have enacted legislation directed at stopping the drug trade and increasing the penalties for those who violate state drug laws. If you have been charged with a drug-related criminal offense in the State of Florida it is important to understand the potential penalties you face if convicted of that offense. At Haas Law, we have the experience and resources needed to mount an aggressive defense on your behalf if you have been charged with a drug crime in Florida.
Drug Classification System in Florida
At the federal level, controlled substances are classified into schedules pursuant to the Controlled Substance Act. Florida law also classifies controlled dangerous substances (CDS) into five different schedules based on their medical value and/or likelihood of abuse. The potential penalties you face for a drug-related crime will depend, in part, on the schedule of the substance involved. The Florida CDS schedule classifies controlled substances as follows:
- Schedule I: Drugs that have a high potential for abuse and no accepted medical use. Examples: heroin and LSD.
- Schedule II: Drugs that have a high potential for abuse and some accepted medical use with severe restrictions. Such abuse would cause severe psychic and physical dependence Examples: cocaine, opium, and morphine.
- Schedule III: Drugs that have the potential for abuse to a lesser extent than those previously mentioned. These also have an accepted medical use and may lead to low or moderate physical dependence and high psychological dependence. Example: anabolic steroids.
- Schedule IV: Drugs that have a lower potential for abuse than those previously mentioned. These drugs also have an accepted medical use, and their abuse may lead to limited psychological and physical dependence. Example: Diazepam.
- Schedule V: Drugs that have the lowest potential for abuse compared to those previously mentioned. These drugs also have an accepted medical use and limited risk of physical and psychological dependence. Example: cough medicine with a small amount of codeine.
Penalties for Possession of Drugs in Florida
Along with the type (or Schedule) of drugs involved, the potential penalties you face for a conviction will depend on the amount of drugs involved. The amount typically plays a significant role in determining whether you are charged with possession or a more serious crime such as delivering, manufacturing, or distributing a controlled substance. Examples of penalties associated with possession of drug charges include:
- First-degree felony possession. Applies to possession of more than 10 grams of specific Schedule I drugs. Penalties include up to 30 years in prison and/or a fine of up to $10,000.
- Second-degree felony possession. Applies to certain Schedule I and II controlled substances. Potential penalties include up to 15 years in prison and/or a fine of up to $10,000.
- Third-degree felony possession. Applies to specific Schedule I or Schedule II drugs or any Schedule III or Schedule IV drug. Potential penalties include up to five years in prison and/or a fine of up to $5,000
- Misdemeanor possession. Applies to specific Schedule V drugs or 20 grams or less of marijuana. Potential penalties include up to a year in prison and/or up to a $1,000 fine.
Penalties for Trafficking in Drugs in Florida
Trafficking drugs in Florida is defined as “knowingly possesses, sells, purchases, manufactures, delivers, or transports” a controlled substance. If you are charged with drug trafficking in Florida, mandatory minimum sentences may apply if you are convicted. In addition, the amount and schedule of the drugs involved will impact your potential mandatory minimum sentence.
For example, trafficking of heroin, cocaine, or Oxycodone is a first-degree felony in Florida subject to a maximum 30-year sentence; however, the amount of drugs involved will determine the mandatory minimum sentence. Examples include:
- Trafficking Heroin
- 4 to 14 grams: 3-year mandatory minimum prison sentence and/or a $50,000 fine
- 14 to 28 grams: 15-year mandatory minimum prison sentence and/or a $100,000 fine
- 28 grams to 30 kilograms: 25-year mandatory minimum prison sentence and/or a $500,000 fine
- Trafficking Cocaine
- 28 grams to 200 grams: 3-year mandatory minimum prison sentence and/or a $50,000 fine
- 200 to 400 grams: 7-year mandatory minimum prison sentence and/or a $100,000 fine
- 400 grams to 1.5 kilograms: 15-year mandatory minimum prison sentence and/or a $250,000 fine
- Trafficking Oxycodone
- 7 to 14 grams: Three-year mandatory minimum prison sentence and a $50,000 fine
- 14 to 25 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine
- 25 to 100 grams: 15-year mandatory minimum prison sentence and a $500,000 fine
- 100 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a fine of $750,000
- Trafficking Methamphetamine
- 14 to 28 grams: 3-year mandatory minimum prison sentence and/or a $50,000 fine
- 28 to 200 grams: 7-year mandatory minimum prison sentence and/or a $100,000 fine
- 200 grams or more: 15-year mandatory minimum prison sentence and/or a $250,000 fine
- Trafficking Cannabis
- 25 to 1,999 pounds of cannabis OR 300 to 1,999 cannabis plants: 3-year mandatory minimum prison sentence and/or a $25,000 fine
- 2,000 to 9,999 pounds of cannabis OR cannabis plants: 7-year mandatory minimum prison sentence and/or a $50,000 fine
- 10,000 pounds or more of cannabis OR cannabis plants: 15-year mandatory minimum prison sentence and/or a $200,000 fine
Aggravating Factors that May Increase Your Sentence
Along with the type and amount of drugs involved, additional factors can increase your sentence if convicted of a drug crime in Florida. Aggravating factors include, but are not limited to things such as:
- A previous conviction for a drug-related offense
- A significant criminal history (even if not for drug-related crimes)
- The presence of a weapon during the commission of the crime
- Injury or death resulting from the crime
- Selling/trafficking in certain protected places (schools, parks) or to protected people (minors for example).
Get Help from Experienced Drug Charge Defense Attorney
If you have been charged with a drug-related offense in the State of Florida, it is imperative that you consult with an experienced drug charge defense attorney right away.
Consulting with a drug defense attorney at Haas Law early on allows us to protect your rights throughout the prosecution of your case. It also helps us to mount an aggressive defense on your behalf in and out of the courtroom.
Call us at 407-755-7675, chat with us online, or submit our online form today. Because we understand that time is of the essence when law enforcement authorities are investigating you, our calls are answered 24 hours a day, allowing you to schedule an appointment as soon as possible to discuss your legal options.