Orlando Drug Trafficking Penalties
Florida drug trafficking laws have very little to do with dealing, selling, or purchasing. Reading the statute (s. 893.135, F.S.) you will see that it includes simple possession. Drug trafficking is simply possessing an amount of a certain substance at or greater than a specific weight. Yes, you can also be charged with selling, transferring, and purchasing the greater amounts but simple possession is all it takes.
Section 893.135 is Florida's drug trafficking statute. It is long and complex but I will attempt to break it down in simple terms below. It is basically an enhanced penalty statute.
Different Drugs Means Different Weights
The weight of a specific drug possessed causes the simple possession of that drug to become drug trafficking. Once the weight reaches the statutorily defined weight or higher, the penalties for possession skyrocket. Below I have listed some common drugs and the weights that trigger the drug trafficking statute and penalties.
Trafficking in Cannabis a/k/a Marijuana
Possessing twenty-five pounds or 300 or more cannabis plants is a First Degree Felony.
Minimum Mandatory Sentences (These are day for day/no gain time sentences)
If you are found guilty of possessing in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, the penalty is a mandatory minimum term of imprisonment of 3 years, and you shall be ordered to pay a fine of $25,000.
If you are found guilty of possessing in excess of 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, the penalty is a mandatory minimum term of imprisonment of 7 years, and you shall be ordered to pay a fine of $50,000.
If you are found guilty of possessing in excess of 10,000 pounds or more, or is 10,000 or more cannabis plants, the penalty is a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.
Trafficking in Cocaine
Possessing an amount of 28 grams or more of cocaine is a First Degree Felony.
Minimum Mandatory Sentence
If you are found guilty of possessing in excess of 28 grams or more, but less than 200 grams, the penalty is a mandatory minimum term of imprisonment of 3 years, and you shall be ordered to pay a fine of $50,000.
If you are found guilty of possessing in excess of 200 grams or more, but less than 400 grams, the penalty is a mandatory minimum term of imprisonment of 7 years, and you shall be ordered to pay a fine of $100,000.
If you are found guilty of possessing in excess of 400 grams or more, but less than 150 kilograms, the penalty is a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
If you are found guilty of possessing in excess of 150 kilograms or more of cocaine, the penalty shall be life imprisonment and you are ineligible for any form of discretionary early release. Note: No fine!
Trafficking in Oxycodone / Hydrocodone
Possessing 4 grams or more of Oxycodone/Hydrocodone is a First Degree Felony.
Minimum Mandatory Sentence
If you are found guilty of possessing in excess of 4 grams or more, but less than 14 grams, the penalty is a mandatory minimum term of imprisonment of 3 years, and you shall be ordered to pay a fine of $50,000.
If you are found guilty of possessing in excess of 14 grams or more, but less than 28 grams, the penalty is a mandatory minimum term of imprisonment of 15 years, and you shall be ordered to pay a fine of $100,000.
If you are found guilty of possessing in excess of 28 grams or more, but less than 30 kilograms, the penalty is a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
If you are found guilty of possessing in excess of 30 kilograms or more the penalty shall be life imprisonment and you are ineligible for any form of discretionary early release.
These are just a few examples of the trafficking penalties in Florida. Some are much more severe such as the penalties for LSD which begin at one gram. The weight of the gram includes the weight of the paper it is in or any other substance with which it is mixed.
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