Trafficking Laws in Florida – Derek Byrd Attorney

Trafficking Laws in Florida
Derek Byrd, Byrd Law Firm

Florida has some of the strictest drug trafficking laws in all the nation.  What I mean is if you’re charged with Trafficking, you’re facing a mandatory minimum prison sentence. Now understand when I say “mandatory minimum”, it means exactly what it says.

If you’re charged with a Trafficking offense and are subsequently convicted of a Trafficking offense, you have to serve a certain amount of time in prison. It’s mandatory. Trafficking penalties range from a three-year mandatory minimum, a seven-year mandatory minimum, a 15-year mandatory minimum, all the way up to a 25-year mandatory minimum.

Most people think Trafficking means that you’re a drug dealer or that you’re actually selling drugs. That’s not what it means. The simple possession of a certain quantity of a drug can equal Trafficking. For example, cocaine requires that you possess 28 grams or more of cocaine in order to be charged with Trafficking in Cocaine.

If you’re in possession of 28 grams of cocaine (an ounce) and convicted of the same, you will face a three-year mandatory minimum prison sentence, even if the ounce of cocaine is totally for your own use. You could be severely addicted to cocaine and be in possession of an ounce of cocaine for yourself.  If you’re caught with that ounce, then you will be facing a three-year mandatory minimum prison sentence. The Judge cannot just sentence you to probation. The Judge can’t just sentence you to house arrest. The Judge cannot sentence you to anything less than 3 years in prison.

I think where we really get into a significant problem is with trafficking in controlled substances. Lately, the drug of choice for a lot of young people has been opiates, hydrocodone, and oxycodone (Vicodin, Percocet). It only takes four grams of an opiate to be charged with Trafficking in a Controlled Substance. Four grams. Also, they don’t weigh the milligrams of the actual opiate – they weigh the entire pill. I have had clients who were in possession of 15 pills, and they weigh greater than four grams. So, those 15 pills actually mean my client is facing a three-year mandatory minimum prison sentence. I’ve also had many clients, unfortunately, who are addicted to opiates and they can easily take 15 pills in one day. So that means a one-day supply of their pills equals a three-year mandatory minimum prison sentence. This is, obviously, not fair. But that’s the way the law is currently written. If you possess 4 to 14 grams of opiate, you face a three-year mandatory minimum prison sentence. If you possess greater than 14 grams of opiate, you face a 15-year mandatory minimum prison sentence. That’s right – a 15-year mandatory minimum prison sentence. I’ve had clients who walked out of a pharmacy with a prescription of Percocet or Vicodin. And when they walked out of that pharmacy, the police immediately handcuffed them because they filled the prescription fraudulently.

They’re in possession of 180 oxycodone or 180 hydrocodone pills and they face a 15-year mandatory minimum prison sentence – 15 years! And it’s clear that these people are addicts – not drug dealers.  These aren’t people from the Miami Vice days who have big houses and boats and cars. These are people who are trying to support their habits.

Trafficking laws in Florida are not fair. But there are a lot of defenses for trafficking. If you’re charged with a trafficking offense, it is critical that you hire the best lawyer that you can. You will be looking at a lengthy prison sentence and, most of the time, it’s simply not fair. In contrast, it takes 25 pounds of marijuana to be accused of Trafficking marijuana. Well, let’s face it, not even Bob Marley could smoke 25 pounds of marijuana in a year!

So it’s really unfair that a year’s supply of marijuana means you face the same penalty as if you had a one-day supply of pills.  You have to be very careful when you’re dealing with these Trafficking laws.

The reason you need the best attorney you can get is that you are facing very serious penalties. Don’t assume that just because you’re in possession of your own supply of drugs, you can’t be accused of Trafficking. It happens every day!

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.