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Drug Offenses

Drug Offenses

Marijuana, Cocaine, Methamphetamine, Ecstasy, and prescription pills are all substances that can lead to criminal charges. Drug offenses may be a felony or misdemeanor depending on the amount or type of drug. Whether you are charged with possessing it, attempting to possess it, possessing with intent to distribute, distribution, or trafficking determines the type of sanction you might be facing.

We handle all types of drug cases:

  • Trafficking
  • Manufacturing
  • Possession with Intent to Sell or Distribute
  • Sale
  • Possession

Possession of a controlled substance may be a misdemeanor or felony.  In Florida, a controlled substance is any substance named or described in Schedule I, II, III, IV, or V of §893.03, Florida Statutes.

 If you are adjudicated guilty there is a mandatory two (2) year driver’s license suspension.

Misdemeanor

  1. Marijuana possession less than 20 grams is 1st degree misdemeanor, punishable by up to one (1) year in the county jail.
  2. Possession of drug paraphernalia is also a 1st degree misdemeanor.  Drug paraphernalia means all equipment, products, and materials, of any kind which are used, intended for use, or designated for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

Some examples: scales, sifters, blenders, bowls, spoons, balloons, capsules, envelopes, containers, bags, syringes, needles, pipes, bongs and roach clips.

  1. Possession of limited quantities of Schedule V substances.  Examples: codeine, dihydrocodeine, ethylmorphine, diphenoxylate, opium.

Felony

Possession of controlled substances listed in Schedule I, II, III, IV.  Some examples: Methamphetamine (Meth), cocaine, crack, heroin, LSD, hydrocodone, oxycodone, marijuana more than 20 grams, GHB, GBL.

Mere possession of certain substances may be classified as a 1st degree felony, punishable by up to thirty (30) years, a 2nd degree felony punishable up to fifteen (15) years, and a 3rd degree felony punishable up to five years.

In Florida, certain drug charges result in enhanced penalties based on the quantity of the drugs seized by law enforcement.  The penalties and amount of drugs required to qualify for these enhanced penalties vary depending on the type of drug.  Some of the most common drug trafficking examples in the Fourteenth Judicial Circuit are:

Trafficking in Controlled Substance

Methamphetamine

F.S. 893.135 (3)(f) Any person who possesses 14 grams or more of methamphetamine, amphetamine, or a mixture of pseudoephedrine or ephedrine in conjunction with other chemicals and equipment used to manufacture methamphetamine commits a felony of the first degree punishable as described below

.

14-27 grams

Three years minimum mandatory and a $50,000 fine.

.

28-199 grams

Seven years minimum mandatory and a $100,000 fine.

.

200 grams

Fifteen years minimum mandatory and a $250,000 fine.

 

Cocaine

F.S. 893.135 (1)(b)

 

.

28-199 grams

Three years minimum mandatory and a $50,000 fine.

.

200-399 grams

Seven years minimum mandatory and a $100,000 fine.

.

400grams- 149 kilos

Fifteen years minimum mandatory and a $250,000 fine.

.

150 kilograms

Mandatory life and a $500,000 fine.

Marijuana

F.S. 893.135 (1)(a)

.

25- 1999 lbs

Three years minimum mandatory and a $25,000 fine.

.

2000-9,999 lbs

Seven years minimum mandatory and a $50,000 fine.

.

10,000 lbs

Fifteen years minimum mandatory and a $200,000 fine.

Heroin

F.S. 893.135 (1)(c)

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4- 13 grams

Three years minimum mandatory and a $50,000 fine.

.

14-27 grams

Fifteen years minimum mandatory and a $100,000 fine.

.

28 grams-29kilos

Twenty-five years minimum mandatory and a $250,000 fine.

.

30 kilograms

Mandatory life and a $500,000 fine.

Oxycodone/Hydrocodone

F.S. 893.135 (1)(c)

.

4- 13 grams

Three years minimum mandatory and a $50,000 fine.

.

14-27 grams

Fifteen years minimum mandatory and a $100,000 fine.

.

28 grams-29kilos

Twenty-five years minimum mandatory and a $250,000 fine.

.

30 kilograms

Mandatory life and a $500,000 fine.

GHB/GBL

F.S. 893.135 (1)(h)

.

1- 4 kilograms

Three years minimum mandatory and a $50,000 fine.

.

5-9 kilograms

Fifteen years minimum mandatory and a $100,000 fine.

.

10-149 kilos

Twenty-five years minimum mandatory and a $250,000 fine.

.

150 kilograms

Mandatory life and a $500,000 fine.

MDMA (Ecstasy)

F.S. 893.135 (1)(k)

.

10- 199 grams

Three years minimum mandatory and a $50,000 fine.

.

200-399 grams

Seven years minimum mandatory and a $100,000 fine.

.

400 grams

Fifteen years minimum mandatory and a $250,000 fine.

LSD

F.S. 893.135 (1)(I)

.

1-4 grams 

Three years minimum mandatory and a $50,000 fine.

.

5-6 grams

Seven years minimum mandatory and a $100,000 fine.

.

7 grams

Fifteen years minimum mandatory and a $500,000 fine.

 

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