In Florida, not only is possessing certain drugs a crime, the amount/weight of the drugs can make a significant difference, not only in the punishment, but the defenses to the charge itself.
Florida has multiple levels of penalties not just for the drug itself; also the amount of the drugs that are seized can have a huge impact on the charges as well as the penalties that can be imposed. Fla. Stat. § 893.135 outlines the severe punishment for Drug Trafficking as follows:
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Sale of Possession of Marijuana, Fla. Stat. §893.135(1)(a):
- If between 25 lbs. and 2000 lbs. of Marijuana is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 3 years in prison, and a maximum of 30 years in prison.
- If between 2000 lbs. and 10,000 lbs. of Marijuana is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 7 years in prison, and a maximum of 30 years in prison.
- If 10,000 lbs. or more of Marijuana is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 15 years in prison, and a maximum of 30 years in prison.
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Sale or Possession of Cocaine, Fla. Stat. §893.135(1)(b):
- If between 28 g. and 200 g. of Cocaine is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 3 years in prison, and a maximum of 30 years in prison.
- If between 200 g. and 400 g. of Cocaine is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 7 years in prison, and a maximum of 30 years in prison.
- If between 400 g. and 150 kg. of Cocaine is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 15 years in prison, and a maximum of 30 years in prison.
- If over 150 kg. of Cocaine is Sold or Possessed, it is a 1⁰ Felony Punishable by Life in Prison.
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Sale or Possession of Hydrocone, (Vicodin and other opiod painkillers), Fla. Stat. §893.135(1)(c)(1)
- If between 14 g. and 50 g. of Hydrocodone or a mixture thereof, is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 3 years in prison, and a maximum of 30 years in prison.
- If between 50 g. and 200 g. of Hydrocodone, or a mixture thereof, is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 15 years in prison, and a maximum of 30 years in prison.
- If between 200 g. and 30 kg. of Hydrocodone, or a mixture thereof, is Sold or Possessed, it is a 1⁰ Felony punishable by a minimum of 25 years in prison, and a maximum of 30 years in prison.
With these extreme minimum mandatory sentences possible with a Trafficking Charge, it is imperative that you contact an experienced Tampa Drug Trafficking Attorney today by calling Taracks & Associates for a Free Consultation today at 813-281-2897.
Despite these harsh penalties that apply, and do not make a distinction between someone who sells a qualifying amount with one who merely is caught possessing these amounts, there are many defenses that may be available to someone facing this type of charge.
If you find yourself getting a ride from a friend who says he has an errand to run, and the next thing that you know he is asking you to hand a wrapped package to someone outside of the car; that someone could be an undercover police officer. If so, you are likely to face a Drug Trafficking Charge. One of the defenses that may be available to you is that temporary possession is a defense to the Drug Trafficking Charge. This defense is very fact intensive, so it is important to contact an experienced Tampa Criminal Defense Attorney as soon as possible.
Also, if your roommate has 14 or more Vicodin painkillers stashed in a box of pasta that you are not aware of, you still might be able to prove that you didn’t know that illegal drug stash was there even though it was hidden in the common area of your apartment.
Furthermore, lack of knowledge that there are drugs around you is an Affirmative Defense that you must prove. Often it is not enough to just say that you didn’t know the drugs were there, you must at least present enough facts that it is reasonable that you didn’t know of their presence.
So if you are facing a Drug Trafficking Charge, and particularly if you are facing a severe minimum mandatory sentence, contact the experienced Tampa Criminal Defense Attorneys at Taracks & Associates. Call today at 813-281-2897, so that we may begin to put your defense together to help protect your reputation, your freedom and your livelihood.