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When you are facing a drug charge- Don’t Go It Alone - drug charges have serious, life altering, and financial sequences such as loss of career, loss of education, harsh prison sentences, loss of housing, for immigrants, it could affect their immigration status. There are countless drugs both illegal and legal prescription drugs out on the streets. Drug charges are prosecuted based on their classification, quantity, and potential for abuse.
Possession of Cocaine
Possession of cocaine simply means a person has custody or control over cocaine.
Cocaine is a white, crystalline powder derived from coca leaves. It is an intense, euphoria producing stimulant drug with strong addictive potential. It has several street names such as Coca, Coke, Crack, Crank, Flake, Rock, Snow, or Soda Cot. According to the United States Drug Enforcement Administration (DEA), cocaine is derived from Coca leaves grown mostly in south American countries like Colombia, Bolivia and Peru, etc. According to the DEA, Colombia produces 90 percent cocaine powered used in the US.
To prove the crime of Possession of Cocaine, the State/Prosecutor must prove the following two elements beyond a reasonable doubt: 1) Defendant possessed a substance, 2) The substance was Cocaine.
To prove Defendant possessed a substance, the State/Prosecutor must prove beyond a reasonable doubt that he or she a) knew of the existence of the substance and b) intentionally exercised control over that substance.
The law of constructive possession requires the State/Prosecutor to prove three distinct elements before you can be convicted: 1) Knowledge of the cocaine’s presence, 2) Knowledge the substance was cocaine; and 3) Dominion and control over the cocaine.
Possession of a substance may be sole or joint, that is, two or more persons may possess a substance. Control can be exercised over a substance whether the substance is carried on a person, near a person, or in a completely separate location. Mere proximity to a substance does not establish that the person intentionally exercised control over the substance in the absence of additional evidence. Control can be established by proof that (Defendant) had direct personal power to control the substance or the present ability to direct its control by another, e.g., owner of a car where the cocaine was found.
Penalty/Punishment for Possession of Cocaine
Under Florida law (Florida Statutes 893.13) cocaine is a Schedule II controlled substance, and it is a third-degree felony to possess less than 28 grams of cocaine and punishable by:
Up to 5 years in prison.
Up to 5 years of probation,
Up to $5,000 fine.
Under Florida law (Florida Statutes 322. 055), any person convicted of possession of cocaine will have their driver’s license or driving privilege suspended for up to 6 months by the Florida DHSMV.
Trafficking In Cocaine
Trafficking in cocaine is the possession, sale, purchase, manufacture, or delivery of 28 grams or more of cocaine.
Under Florida law (Florida statutes 893.135(1)(B), the possession, sells, purchases, manufactures, delivery, or transportation of 28 grams or more of cocaine is prosecuted as trafficking. To prove the crime of trafficking in cocaine the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was cocaine or a mixture containing cocaine
The cocaine or mixture containing cocaine weighed more than 28 grams.
Penalty/Punishment for Trafficking in Cocaine
If a defendant is convicted of trafficking in cocaine, the minimum penalties they face are determined by the following cocaine trafficking quantity ranges and in other for the court to deviate from the minimum sentence the prosecutor must agree.
Trafficking of 28 grams of cocaine to 199 grams of cocaine is punishable by 3 years minimum prison sentence and $50,000 fine.
Trafficking of 200 grams of cocaine to 399 grams of cocaine is punishable by 7 years minimum prison sentence and $100,000 fine.
Trafficking of 400 grams of cocaine to 149 kilograms of cocaine is punishable by 15 years minimum prison sentence and $250,000 fine.
Trafficking of 150 kilograms of cocaine or more is punishable by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release.
A conviction in trafficking cases carry a mandatory minimum sentence meaning the judge cannot sentence a person convicted of trafficking below this mandatory minimum unless the prosecutor agrees to it.
Under Florida law (Florida statute 322.055), a person convicted of trafficking in cocaine will have their driver’s license or driving privilege suspended for up to 6 months the Florida DHSMV.
Under Florida law (Florida statute 893.11), a person convicted of trafficking in cocaine will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of Fentanyl
Possession of fentanyl is when a person has possession or control over fentanyl. According to the United States Drug Enforcement Administration (DEA), fentanyl was first developed in 1959 and introduced in the 1960s as an intravenous anesthetic. It is legally manufactured and distributed in the United States. Fentanyl is a powerful synthetic opioid drug approved by the Food and Drug Administration for use as an analgesic (pain relief) and anesthetic. Fentanyl is approximately 100 times more powerful than morphine and 50 times more powerful than heroin as an analgesic. Some of the common street names for fentanyl include Apace, China Girl, China Town, China White, Dance Fever, Goodfellas, Great Bear, He-Man, Poison and Tango & Cash etc.
Under Florida law (Florida statutes 893.03(2)(b), fentanyl is a Schedule II controlled substance and fentanyl derivatives are classified as Scheduled I controlled substance. It is a third-degree felony to possess less than 4 grams of fentanyl.
To prove the crime of Possession of a fentanyl, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was fentanyl.
Penalty/Punishment for Possession of Fentanyl
Possession of Fentanyl less than 4 grams is a third-degree felony punishable by:
Up to 5 years in prison,
Up to 5 years of probation,
Up to $5,000 fine.
Under Florida law (Florida statutes 322.055), any person convicted of possession of fentanyl will have their driver’s license or driving privilege suspended for up to 6 months by the Florida DHSMV.
Trafficking In Fentanyl
Trafficking in fentanyl is to knowingly possesses, sells, purchases, manufactures, delivers, or transports 4 grams or more of fentanyl or any it’s derivative compound. Under Florida law (Florida statutes 893.135(1)(c)(1), the crime of trafficking in fentanyl is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 4 grams or more of fentanyl or any derivative compound.
To prove the crime of trafficking in fentanyl, the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was fentanyl or a mixture containing fentanyl.
The fentanyl or mixture containing fentanyl weighed 4 grams or more.
Penalty/Punishment for Trafficking in Fentanyl
Under Florida law (Florida statutes 893.135(1)(c)(1), trafficking in fentanyl carries a mandatory minimum sentence and a judge cannot sentence a person convicted of drug trafficking below the mandatory minimum sentence, unless the State/Prosecutor agrees. Trafficking in fentanyl is a first-degree felony, which carries a mandatory minimum penalty which are determined by the following fentanyl trafficking thresholds:
Possession of 4 grams or more, but less than 14 grams of fentanyl carries a minimum sentence of 3 years in prison and $50,000 fine.
Possession of 14 grams or more, but less than 28 grams of fentanyl carries a minimum sentence of 15 years prison and $100,000 fine.
Possession of 28 grams or more of fentanyl carries a minimum sentence of 25 years prison and $500,000 fine.
Under Florida law (Florida statute 322.055(1), a person convicted of trafficking in fentanyl will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida law (Florida statute 893.11), a person convicted of trafficking in fentanyl will be subject to the emergency suspension of any professional license issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession Of Gamma-Hydroxybutyric Acid (GHB)
Possession of gamma-hydroxybutyric acid commonly known as GHB is when a person is in possession or has control over GHB, which is known more widely as the date rape drug. It comes in liquid or as a white powder that is dissolved in water, juice, or alcohol. In liquid form, GHB is clear and colorless and slightly salty in taste. According to the United States Drug Enforcement Administration (DEA), some of the common street names for GHB includes Georgia Home Boy, Goop, Grievous Bodily Harm, Liquid X, Scoop, and Liquid Ecstasy. Gamma-Hydroxybutyric acid (GHB) is another name for the generic drug sodium oxybate or Xyrem.
To prove the crime of Possession of GHB, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was gamma-hydroxybutyric (GHB).
Penalty/Punishment for Possession of Gamma-Hydroxybutyric Acid (GHB)
Under Florida law (Florida statutes 893. 03(1)(d), GHB, is a Schedule I controlled substance and it is a third-degree felony to possess less than 1 kilogram of GHB and punishable by:
Up to 5 years in prison
Up to 5 years of probation
Up to $5,000 fine.
Trafficking Of Gamma-Hydroxybutyric Acid (GHB)
Trafficking in GHP is to knowingly possesses, sells, purchases, manufactures, delivers, or transports 1 kilogram or more of GHB. Under Florida law (Florida statutes 893.135(1)(h)(1), possession of 1 kilogram or more of GHB is prosecuted as trafficking in GHB. Importantly, the weight is determined not by how much pure GHB is in a mixture, but by how much the mixture containing the GHB weighs.
To prove the crime of trafficking in Gamma-Hydroxybutyric Acid GHB, the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was Gamma-Hydroxybutyric Acid (GHB) or a mixture containing Gamma-Hydroxybutyric Acid (GHB).
The Gamma-Hydroxybutyric Acid aka GHB or [mixture containing Gamma-Hydroxybutyric Acid aka GHB weighed 1 kilogram or more.
Penalty/Punishment for Trafficking Gamma-Hydroxybutyric Acid (GHB)
Under Florida law (Florida statutes 893.135(1)(h)(1), possession of 1 kilogram or more of GHB is a first-degree felony. If convicted for trafficking in Gamma-Hydroxybutyric Acid (GHB), the mandatory minimum penalties are determined by the following Gamma-Hydroxybutyric Acid trafficking thresholds.
Possession of 1 kilogram or more, but less than 5 kilograms carries a mandatory minimum term of imprisonment of 3 years, and a fine of $50,000.
Possession of 5 kilograms or more, but less than 10 kilograms carries a mandatory minimum term of imprisonment of 7 years and a fine of $100,000.
Possession of 10 kilograms or more carries a mandatory minimum term of imprisonment of 15 years and a fine of $500, 000.
Pursuant to Florida Statute 322.055(1), a person convicted of trafficking in GHB will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida Statute 893.11, a person convicted of trafficking in GHB will be subject to the emergency suspension of any professional license issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of Heroin
Possession of heroin is when a person is in possession or has control over heroin. Heroin is an opioid drug made from morphine and a natural substance taken from the seed pod of the various opium poppy plants grown in Southwest Asia (e.g., Afghanistan and Pakistan), Southeast Asia (e.g., Thailand), Mexico, and Colombia. The final product comes in various forms it can be white or brown powder, or a black sticky substance known as black tar heroin. Some of the common street names for heroin include the following: Big H, Black Tar, Chiva, Hell dust, Horse, Negra, Smack, and Thunder etc. Heroin is very addictive and according to the CDC in 2019 over 689 people died from heroin overdose in Florida and over 14,000 people in the US.
To prove the crime of possession of a heroin the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was heroin.
Penalty/Punishment for Possession of Heroin
Under Florida law (Florida statutes 893.03(1)(b)(11), heroin is a Schedule I controlled substance and it is a third-degree felony to possess less than 4 grams of heroin, and punishable by:
Up to 5 years in prison
Up to 5 years of probation
Up to $5,000 fine.
Trafficking In Heroin
Under Florida law (Florida statutes 893.135(1)c)(1), the crime of trafficking in heroin is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 4 grams or more of heroin or any it’s derivative compound. To prove the crime of trafficking in heroin, the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was heroin or a mixture containing heroin.
The heroin or mixture containing heroin weighed 4 grams or more.
Penalty/Punishment for Trafficking in Heroin
Under Florida law (Florida statutes 893.135(1)c)(1), trafficking in heroin is first degree felony, which carries a mandatory minimum penalty. The penalties for tracking are determined by the following heroin trafficking thresholds:
Possession of 4 grams or more of heroin but less than 14 grams of heroin carries a mandatory minimum prison sentence of 3 years and fine of $50,000.
Possession of 14 grams or more of heroin but less than 28 grams of heroin carries a mandatory minimum prison sentence of 15 years and a fine of $100,000.
Possession of 28 grams or more of heroin, but less than 30 kilograms carries a mandatory minimum prison sentence of 25 years and a fine of $500,000.
Under Florida law (Florida Statute 322.055(1), a person convicted of trafficking in heroin will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Under Florida law (Florida Statute 893.11), a person convicted of trafficking in heroin will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession Of Marijuana/Cannabis
Possession of marijuana is when cannabis is in your possession or under your control without a prescription. Cannabis refers to a group of three plants with psychoactive properties, known as cannabis sativa, cannabis indica, and cannabis ruderalis. When the flowers of these plants are harvested and dried, you are left with one of the most common drugs in the world.
THC (delta- 9-tetrahydrocannabinol) is believed to be the main ingredient that produces the psychoactive effect (the high people get from smoking cannabis). There are several street names for cannabis namely: weed, pot, marijuana, Aunt Mary, BC Bud, Blunts, Boom, Chronic, Dope, Gangster, Ganja, Grass, Hash, Herb, Hydro, Indo, Joint, Kif, Mary Jane, Mota, Reefer, Sinsemilla, Skunk, Smoke, and Yerba.
To prove the crime of possession of a cannabis, the State must prove the following three elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was cannabis.
The cannabis weighed more than 20 grams (if charged with felony possession)
Penalty/Punishment for Possession of Marijuana/Cannabis
Under Florida law (Florida Statutes 893.03(1)(c), cannabis is a Schedule I controlled substance and it is a crime to possess any amount of cannabis without a prescription. It is a misdemeanor to possess less than 20 grams of cannabis and a felony to possess more than 20 grams of cannabis.
The crime of Possession of less than 20 grams of Cannabis without a license is a first-degree Misdemeanor and punishable by:
Up to 1year in jail
Up to 1 year of probation, and
Up to a $1,000 fine.
The crime of Possession of 20 grams or more of Cannabis is a third-degree felony and punishable by:
Up to 5 years in prison
Up to 5 years of probation, and
Up to a $5,000 fine.
Trafficking In Marijuana/Cannabis
Trafficking in cannabis is to possesses, sell, purchases, manufactures, delivers, or transports 25 pounds of cannabis or 300 or more cannabis plants.
To prove the crime of trafficking in cannabis, the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was cannabis or a mixture containing cannabis.
The cannabis or mixture containing cannabis weighed in excess of 25 pounds or 300 or more cannabis plants.
Penalty/Punishment for Trafficking in Marijuana/Cannabis
Trafficking in cannabis is a first-degree felony. If convicted for trafficking in cannabis, the mandatory minimum penalties are determined by the following cannabis trafficking thresholds.
Possession of cannabis in excess of 25 pounds, but less than 2,000 pounds, or possession of 300 or more cannabis plants but not more than 2,000 cannabis plants carry a mandatory minimum prison sentence of 3 years, and a fine of $25,000.
Possession of cannabis weighing 2,000 pounds or more, but less than 10,000 pounds, or possession of 2,000 or more cannabis plants, but not more than 10,000 cannabis plants carry a mandatory minimum prison sentence of 7 years and a fine of $50,000.
Possession of cannabis weighing 10,000 pounds or more or possession 10,000 or more of cannabis plants carry a mandatory minimum prison sentence of 15 years and a fine of $200,000.
Pursuant to Florida Statute 322.055(1), a person convicted of trafficking in cannabis will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida Statute 893.11, a person convicted of trafficking in cannabis will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of MDMA/Ecstasy
MDMA is a synthetic party drug because of its hallucinogen effect and comes in pill, liquid or powder form. MDMA stands for 3,4-Methylenedioxyamphetamine, which is a highly addictive hallucinogenic substance.
MDMA has several street names such as Molly, Adam, Beans, Biscuit, Clarity, Disco Biscuit, E, Eve, Go, Hug Drug, Lover’s Speed, Peace, STP, X, XTC etc. To prove the crime of possession of MDMA, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was MDMA.
Penalty/Punishment for Possession of MDMA/Ecstasy
Under Florida law (Florida statutes 893.13) MDMA/Ecstasy is a Schedule I controlled substance. It is a third-degree felony to possess less than 10 grams of MDMA or Ecstasy and it is punishable by
Up to 5 years in prison
Up to 5 years of probation, and
Up to a $5,000 fine.
Trafficking In MDMA/ECSTASY
Under Florida law (Florida statutes 893.135(1)(k)(1), the crime of trafficking in MDMA is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 10 grams or more of MDMA. To prove the crime of trafficking in MDMA, the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was MDMA or a mixture containing MDMA.
The MDMA or mixture containing MDMA weighed 10 grams or more.
Penalty/Punishment for Trafficking in MDMA
Trafficking in MDMA is a first-degree felony. If convicted for trafficking in MDMA, the mandatory minimum penalties are determined by the following MDMA trafficking thresholds
Possession of 10 to 200 grams of MDMA carries a minimum sentence of 3 years prison and $50,000 fine.
Possession of 200 to 400 grams of MDMA carries a minimum sentence of 7 years prison and $100,000 fine.
Possession of 400 grams to 30 kilograms of MDMA carries a minimum sentence of 15 years prison and $500,000.
Under Florida law (Florida Statute 322.055), a person convicted of Trafficking in MDMA will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida Statute 893.11, a person convicted of trafficking in MDMA will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of Methamphetamine
Methamphetamine is a stimulant that speeds up body system and it come in pill or powder form. It also comes crystal form resembling glass fragments or shiny blue-white rocks. It is a highly addictive narcotic popularized by the television show Breaking Bad. It has several street names including Meth, Crystal Meth, Speed, Ice, Shards, Bikers Coffee, Stove Top, Tweak, Yaba, Trash, Chalk, Crystal, Crank, Shabu, and Poor Man’s Cocaine etc.
To prove the crime of possession of a methamphetamine, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was methamphetamine.
Penalty/Punishment for Possession of Methamphetamine
Under Florida law (Florida statutes 893.03(2)(C)(5), methamphetamine is a Schedule II controlled substance, and it is a third-degree felony to possess less than 14 grams of methamphetamine and punishable by:
Up to 5 years in prison
Up to 5 years of probation,
Up to $5,000 fine.
Trafficking In Methamphetamine
Under Florida law (Florida statutes 893.135(1)(f)(1), the crime of trafficking in methamphetamine is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 14 grams or more of any mixture containing methamphetamine.
To prove the crime of trafficking in methamphetamine the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was methamphetamine or a mixture containing methamphetamine.
The methamphetamine or mixture containing methamphetamine weighed 14 grams or more.
Penalty/Punishment for Trafficking in Methamphetamine
Trafficking in methamphetamine is a first-degree felony which carries a mandatory minimum penalty. The penalties are determined by the following methamphetamine trafficking thresholds:
Possession of 14 grams or more, but less than 28 grams of methamphetamine carries a mandatory minimum prison sentence of 3 years, and a fine of $50,000.
Possession of 28 grams or more, but less than 200 grams of methamphetamine carries a mandatory minimum sentence of 7 years, and a fine of $100,000.
Possession of 200 grams of methamphetamine or more carries a mandatory minimum sentence of imprisonment of 15 years and a fine of $250,000.
Pursuant to Florida Statute 322.055(1), a person convicted of trafficking in methamphetamine will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida Statute 893.11, a person convicted of trafficking in methamphetamine will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of Synthetic Drugs
Under Florida law (Florida statutes 893.03(1)(c)(190), synthetic drugs are designated as Schedule I controlled substances, meaning they have a high potential for abuse and have no currently accepted medical use in the United States.
Synthetic drugs are chemical compounds produced in a laboratory. They are designed to imitate the effects of other narcotics and hallucinogens e.g., marijuana, cocaine, LSD, etc. The most popular form of synthetic drug, synthetic cannabinoids also known as K2, Kush, Fake Weed and Spice — are mixes of plant material sprayed with unique chemicals. Synthetic drugs also include drugs produced commercially by drug manufacturers for valid medical purposes and are diverted from legal channels or produced illegally and altered in clandestine laboratories for illicit use.
To prove the crime of Possession of a synthetic, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was synthetic.
Penalty/Punishment for Possession of Synthetic Drugs
The crime of Possession of less than 3 grams of synthetic drugs is a first-degree misdemeanor and punishable by:
Up to 1 year in jail
Up to 1 year of probation
Up to a $1,000 fine.
The crime of Possession of 3 grams or more of synthetic drugs is a third-degree felony and punishable by:
Up to 5 years in prison
Up to 5 years of probation
Up to a $5,000 fine.
Possession of Hydrocodone
Hydrocodone is a pain relieve medication. Hydrocodone is in a class of medications called opiate (narcotic) analgesics. It works by changing the way the brain and nervous system respond to pain. Hydrocodone is one of the most prescribed opioids in the United States with more than 136.7 million prescriptions for hydrocodone-containing products dispensed in 2013 along with 93.7 million dispensed in 2016 and 83.6 million sold to patients in 2017. The brand name for hydrocodone includes Lortab, Norco, and Vicodin. The street names for hydrocodone includes Vike, Bananas, Fluff, Hydros, Fluff, Dro, and Tabs.
To prove the crime of Possession of Hydrocodone, the State must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was Hydrocodone.
Penalty/Punishment for Possession of Hydrocodone
Under Florida law (Florida statutes 893.03(2)(k), hydrocodone is a Schedule II controlled substance, and it is a third-degree felony to possess less than 14 grams of hydrocodone without a prescription. The crime of Possession of Hydrocodone is a third-degree felony in Florida and punishable by:
Up to 5 years in prison
Up to 5 years of probation, and
Up to a $5,000 fine.
Pursuant to Florida Statute 322.055(1), a person convicted of possession of hydrocodone will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Trafficking In Hydrocodone
Under Florida law (Florida statutes 893.135(1)(c)(2), the crime of trafficking in hydrocodone is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 28 grams or more of hydrocodone. To prove the crime of trafficking in hydrocodone the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was [(hydrocodone)] [a mixture containing (name of controlled substance)].
The [(hydrocodone [mixture containing (name of controlled substance)] weighed [(more than 14 grams.
Penalty/Punishment for Trafficking in Hydrocodone
Under Florida law (Florida statutes 893.135(1)(c)(2), trafficking in hydrocodone is a first-degree felony. The minimum penalty if convicted for trafficking in hydrocodone is determined by the hydrocodone trafficking thresholds:
Possession of 28 grams or more but less than 50 grams of hydrocodone carries a mandatory minimum sentence of 3 years in prison and a $50,000 fine.
Possession of 50 grams or more but less than 100 grams of hydrocodone carries a mandatory minimum sentence of 7 years prison and a $100,000 fine.
Possession of 100 grams or more but less than 300 kilograms of hydrocodone carries a mandatory minimum sentence of 15 years in prison and $500,000 fine.
Possession of 300 grams or more but less than 30 kilograms of hydrocodone carries a mandatory minimum sentence 25 years prison and a $750,000 fine.
Under Florida law (Florida Statute 322.055)(1), a person convicted of Trafficking in hydrocodone will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida Statute 893.11, a person convicted of trafficking in hydrocodone will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of Oxycodone
Oxycodone helps to relieve moderate to severe pain. Oxycodone belongs to a class of drugs known as opioid analgesics. It works in the brain to change how your body feels and responds to pain. This is one of the most widely abused prescription drugs in the market, in 2009, oxycodone became the most encountered pharmaceutical drug by law enforcement. In 2016, more than 60.1 million oxycodone prescriptions were dispensed, and 55.2 million were dispensed in 2017 out of which 54.6 million prescriptions were sold to patients. The National Survey on Drug Use and Health (NSDUH) indicated that among the 27.9 million people, aged 12 and older in the U.S that reported using oxycodone products in 2015, 4.3 million (15.2%) misused the products. Oxycodone is the generic name for the primary ingredient in OxyContin and Percocet. Oxycodone-containing products are in tablet, capsule, and liquid forms, they also come in variety of colors, markings, and packaging. The common street names for oxycodone include OC, OX, Oxy, Oxycotton, Hillbilly heroin, and kicker.
To prove the crime of possession of oxycodone, the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was oxycodone.
Penalty/Punishment for Possession of Oxycodone
Under Florid law (Florida statutes 893.03(2)(q), oxycodone is a Schedule II controlled substance, and it is a third-degree felony to possess 7 grams or less of oxycodone without a prescription and punishable by:
Up to 5 years in prison
Up to 5 years of probation, and
Up to a $5,000 fine.
Pursuant to Florida Statute 322.055(1), a person convicted of possession of oxycodone will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Trafficking In Oxycodone
Under Florida law (Florida statutes 893.135(1)(c)(3), the crime of trafficking in oxycodone is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 7 grams or more of oxycodone. The trafficking weight is determined by the aggregate weight of the oxycodone pills, not by the combined dosages.
To prove the crime of trafficking in oxycodone the State/Prosecutor must prove the following three elements beyond a reasonable doubt:
Defendant knowingly [possessed] [sold] [purchased] [manufactured] [delivered] [brought into Florida] a substance.
The substance was [(oxycodone] [a mixture containing (name of controlled substance)].
The oxycodone [mixture containing (name of controlled substance)] weighed [(more than 7 grams.
Penalty/ Punishment for Trafficking in Oxycodone
The possession of 7 grams or more of oxycodone is felony of the first degree, the minimum penalties are determined by the following oxycodone trafficking thresholds:
Possession of 7 grams but less than 14 grams of oxycodone carries a mandatory minimum sentence of 3 years and a $50,000 fine.
Possession of 14 grams or more but less than 25 grams of oxycodone carries a mandatory minimum sentence 7 years and a $100,000 fine.
Possession of 25 grams or more but less than 100 grams of oxycodone carries a mandatory minimum sentence of 5 years and a $500,000 fine.
Possession 100 grams or more but less than 30 kilograms of oxycodone carries a mandatory minimum sentence of 25 years prison and a $750,000 fine.
Pursuant to Florida Statute 322.055(1), a person convicted of trafficking in oxycodone will have their driver’s license or driving privilege suspended for 6 months by the Florida DHSMV.
Pursuant to Florida Statute 893.11, a person convicted of trafficking in oxycodone will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Possession of Alprazolam (Xanax)
Alprazolam (Xanax) belongs to a group of drugs called benzodiazepines. Xanax trade name is Alprazolam. This drug is commonly prescribed to treat anxiety and panic disorder. It is among the most prescribed psychiatric medication in the U.S. The common street name includes Xannies, Zannies, Z-bars, Bars, Handlebars, School bus, Totem, poles and yellow boys/white boys.
To prove the crime of Possession of Alprazolam (Xanax), the State/Prosecutor must prove the following two elements beyond a reasonable doubt:
Defendant possessed a substance.
The substance was Xanax.
Penalty/Punishment for Possession of Alprazolam (Xanax)
Under Florida law (Florida Statutes 893.03(4)(a)(2), Xanax is a Schedule IV controlled substance, it is a third-degree felony to possess any amount of Xanax without a prescription, punishable by:
Up to 5 years in prison
Up to 5 years of probation, and
Up to $5,000 fine.
Common Defenses to Possession of Drugs
Illegal search and seizure: these defenses are applicable in situations where police exceed the scope of their authority and command people to submit to a vehicle, home, or body search without probable cause; or obtain search warrants in bad faith.
Insufficient evidence: The prosecutor can only prove you possessed drugs either through actual or constructive Possession.
Substantial assistance: The State attorney can ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in the drug business.
Valid prescription: This defense applies when dealing with prescription drug, while it seems obvious, many people are arrested for possession of prescription drugs when they are unable to immediately produce a valid prescription or a recently dispensed pill bottle.
Lack of knowledge: It is an affirmative defense to the crime of possession of drugs, if you can prove that you did not know the substance in your possession was a drug. Importantly, this defense requires you to testify to your lack of knowledge of the substance’s illegal nature.
Legal disposal defense: It is an affirmative defense to the charge of possession of drugs for a person to briefly possess drugs for the sole purpose of legally disposing of it.
Overdose defense: Any person who is experiencing a drug-related overdose and needs medical assistance, or a person assisting the person that needs medical assistance, is immune from prosecution for possession of drugs, if it can be shown the evidence was obtained as a result of the overdose and need for medical assistance.
Temporary possession: The defense of temporary possession can be raised where a person takes momentary, temporary, or transitory possession of drugs from the true owner. Under such circumstances, the person is not considered to be in legal possession of the drugs because the person never exercised complete dominion and control over the drugs.
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