Florida Drug Crimes Attorney
Drug Possession ◊ Drug Trafficking ◊ Illegal Drugs ◊ Prescription Drugs
The Florida Comprehensive Drug Abuse Prevention and Control Act (Florida Statute 893.01) was designed to combat drug related offenses. Laws controlling the manufacture, distribution, preparation, dispensing, or administration of controlled substances are referred to as “drug abuse laws”. This Act also classifies and defines various drugs into what are known as controlled substances.
Possession of Controlled Substances
Simple Possession
If the offense is the possession of not more than 20 grams of cannabis, the possessor is guilty of a first degree misdemeanor. The term “cannabis” includes the resin extracted from the marijuana plant, or any compound, manufacture, salt, derivative, mixture, or preparation of such resin. That means hashish, which is extracted from the resin of cannabis, is not a misdemeanor and possession of hashish is a felony.
Possession with the Intent to Sell, Purchase, Manufacture, or Deliver a Controlled Substance
It is a felony for any person to possess a controlled substance with intent to sell, purchase, manufacture, or deliver any Schedule 1-4 Drugs. It may be a first degree misdemeanor to possess a controlled substance with intent to sell, purchase, manufacture, or deliver any Schedule 5 Drug. While incarceration is a distinct possibility for violation of the laws against possession with intent to sell, it is not always guaranteed. Many times the sentence may require probation or house arrest for violations of these laws.
Trafficking in Controlled Substances
Trafficking generally consists in the knowing sale, purchase, manufacture, delivery, importation, or actual or constructive possession of a specified quantity of the controlled substance. The particular substances in which trafficking are banned are cannabis, cocaine, morphine, opium, heroine, phencyclidine, methaqualone and amphetamines or methamphetamines. Trafficking offenses are generally higher in degree and carry stiffer penalties than are prescribed for the ordinary sale, purchase, manufacture, delivery, importation, or possession of the particular substance involved. In many cases there are mandatory prison sentences for drug trafficking.
Cannabis
Cannabis is the legal term for the drug commonly known as marijuana. Street names for this drug include “weed”, “pot”, “ganja”, “herb”, “420”, and "dope." The Florida Comprehensive Drug Abuse Prevention and Control Act defines cannabis as all parts of any plant of the marijuana plant whether growing or now; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. Extracted resin of the plant cannabis sativa, hashish also is included in the definition of cannabis. Possession of less than 20 grams of cannabis is a first degree misdemeanor. Possession of more than 20 grams of cannabis is a felony. Possession of any amount of hashish is a felony. Cultivation of the cannabis plant, even if the plant or plants weighs less than 20 grams is also a felony.
Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as "trafficking in cannabis".
If the amount of cannabis is 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, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years.
If the amount of cannabis is 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, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years.
If the amount of cannabis is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years.
Cocaine
Cocaine is also known as “coke”, “crack”, “rock”, “flake”, “bump”, and “snow” to name a few. Possession of less than 28 grams of cocaine is not considered trafficking in cocaine and does not carry a mandatory prison sentence. However possession of between 28 and 200 grams of cocaine is considered trafficking in cocaine and this crime carries a three year minimum mandatory prison sentence. Trafficking in 200 to 400 grams of cocaine carries a five year minimum mandatory prison sentence. Trafficking in 400 grams up to 150 kilograms of cocaine carries a fifteen year prison sentence. Trafficking in amounts over 150 kilograms of cocaine is a first degree felony punishable by a term of life imprisonment without the possibility of parole, and is a capital felony if the defendant culpably causes the death of another person.
Morphine, Opium, and Heroin
The opiates are all derivates of the opium plant especially the opium poppy. Some common nicknames for Heroine are “horse”, “smack”, “China white”, “Mexican brown”, and “H”. Possession of over 4 but less than 14 grams of morphine, opium or heroine are considered trafficking and carries a three year minimum mandatory prison sentence. Trafficking in 14 to 28 grams of morphine, opium or heroine carries a 10 year mandatory prison sentence. Trafficking in 28 grams but less than 30 kilograms of morphine, opium or heroine carries a 25 year prison term. Trafficking in over 30 kilograms is a first degree felony punishable by a term of life imprisonment without the possibility of parole, and is a capital felony if the defendant culpably causes the death of another person.
Amphetamines and Methamphetamines
Amphetamines are stimulants and have a variety of nicknames such as “speed”, “uppers”, “black beauties”, and “yellow jackets”. The methamphetamines have a wide variety of nicknames such as “crank”, “crystal meth”, “amp”, “blue belly”, and “white cross”.
It is the first degree felony of “trafficking in amphetamine” if a person knowingly sells, manufactures, delivers, or brings into the state, or knowingly is in actual or constructive possession of 14 grams or more of amphetamine or methamphetamine. This crime carries a mandatory minimum sentence of 3 years prison if the amount involved was 14 or more grams but less than 28 grams. There is a five year mandatory minimum prison sentence for trafficking in 28 or more but less than 200 grams and a 15 year mandatory minimum for trafficking in more than 200 grams of amphetamines or methamphetamines.
Prescription Drugs
Prescription is defined by the Florida Comprehensive Drug Abuse Prevention and Control Act means and includes an order for drugs or medicinal supplies written, signed, or transmitted by word of mouth, telephone or other means of communication by a Doctor licensed by the State of Florida to prescribe such drugs. Due to the potential for addiction and abuse of many prescription drugs, these substances are tightly regulated by Florida Law. While it may be legal to possess a controlled substance you have a legitimate prescription for, it is still illegal to drive while under the influence of a controlled substance to the extent that your normal faculties are impaired. Remember, just because you have a prescription for a drug means you should still exercise caution when under the influence of that medication.
Classifications of Controlled Substances
Substances controlled by the Florida Comprehensive Drug Abuse Prevention and Control Act are divided into five schedules largely according to their potential for abuse and the degree to which they have a currently accepted use in medical treatment in the United States.
Schedule 1 Drugs
These drugs have a high potential for abuse and no currently accepted medical use in treatment in the United States. Schedule 1 drugs include: heroin, cannabis (marijuana), LSD, mescaline, methaqualone, peyote, psilocybin and specific compounds of codeine, morphine, and phencyclidine.
Schedule 2 Drugs
These drugs have a high potential for abuse but have a currently accepted but severely restricted medical use in treatment in the United States. However abuse of these drugs may lead to severe psychological or physical dependence. Schedule 2 drugs include: opium, cocaine, codeine, morphine, methadone, pethidine, phencyclidine, amphetamine, methamphetamine, phenylacetone, secobarbital, and pentobarbital.
Schedule 3 Drugs
These drugs have a potential for abuse less than drugs in Schedules 1 and 2 and they have a currently accepted medical use in the United States. They have a moderate or low physical dependence or high psychological dependence. Derivatives of barbituric acid are included in this schedule along with limited amounts of codeine, morphine, and some other drugs on higher schedules per dosage unit or total volume.
Schedule 4 Drugs
These drugs have a low potential for abuse relative to Schedule 3 drugs and have a currently accepted medical use in the United States. Abuse of these drugs may lead to physical damage and psychological dependence. Schedule 4 drugs include anabolic steroids, including testosterone and its analogs, and human chorionic gonadotropins, but not including patent or proprietary preparations containing anabolic steroids and labeled for animal use along with barbital, chloral hydrate, diazepam, paraldehyde, pentazocine, and Phenobarbital.
Schedule 5 Drugs
These drugs have a low potential for abuse relative to Schedule 4 drugs and have a currently accepted medical use in treatment in the United States. These include any compound, mixture or preparation containing limited quantities of codeine, ethylmorphine, opium, or other specified controlled substances.
