In the state of Florida, the distribution and sale of controlled substances listed by state laws. the state can prosecute an individual in the event they possess a controlled substance with the intent of selling it. Florida laws also prohibit drug trafficking activities to bring relatively large amounts of controlled substances into the state.
Drug Trafficking & Distribution in the State of Florida
Florida Statute 893.135 & 893.13
In order to prove drug trafficking a prosecutor must establish that a defendant:
- Knowingly, participated in drug trafficking activities.
- Had an awareness of the activities to bring drugs into the state of Florida or an intent to engage in drug trafficking.
- Has possession of seized materials the at were in fact controlled substances as defined by Florida state laws – done by chemical analysis by a crime lab or outside lab.
In addition, a prosecutor can also seek a variety of criminal charges related to the possession of a controlled substance with an intent to sell. Drug distribution not prosecuted as trafficking generally involves controlled substances in smaller amounts. The specific offense depends on the type of drug, the amount of the drug, and the defendant’s activities. Possession with an intent to sell may lead to a misdemeanor charge for a minor offense but can also result in felony charges that include significant legal consequences.
Charges & Penalties
In the state of Florida drugs are a major issue, therefore the government takes them quite seriously and drugs charges can result in a wide range of penalties.
- 1st degree felony: A maximum of 30 years, depending on the type of drug trafficked.
- 3rd degree felony: Up to 5 years, and a fine of up to $5,000.
- 2nd degree felony: Up to 15 years, and a fine of up to $10,000.
For instance, trafficking of marijuana in an amount between 25 pounds and 2,000 pounds requires a minimum sentence of imprisonment for three years and a fine of $25,000. If the offense involves between 2,000 and 10,000 pounds, the minimum term of imprisonment increases to seven years and a fine of $50,000.
Of course, for the larger quantities and the harder the drugs, ie. cocaine, heroin/other opiates, LSD, MDMA, and so on – the sentences will be greater. Also, those with prior convictions for drugs are far more likely to get enhancements on their sentences.
Get the Legal Help You Need Today!
For help with all your drug trafficking or distribution charges, contact one of Miami’s top criminal defense attorneys, in Steven Veinger, Esq. today. With over 20 years of experience, and an impeccable work ethic he will work tirelessly to fight your charges and help you to earn your freedom at any cost. For a free consultation call the Law Offices of Steven Veinger, Esq. at (305) 682-0401.