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Florida Drug Crimes - Possession, Purchase, Sale & Trafficking

The penalties can vary greatly depending on the type of offense, type of drug and quantity involved. Even a drug conviction for possessing a small amount of marijuana though can have severe penalties. In addition to jail time, fines, and other penalties, a drug conviction will also result in your driver’s license being suspended for 2 years. If you have been arrested for a drug crime you should speak with a criminal defense attorney as soon as possible to protect your rights.

Drug Paraphernalia:

Possession of drug paraphernalia is a 1st degree misdemeanor punishable by up to 1 year in the county jail. Almost any item can be termed drug paraphernalia when used in connection with drugs, including pipes, baggies, cigars, rolling paper and bongs, and these items are legal when they do not contain drug residue or are not being used in connection with illegal drugs.

Florida Drug Possession Crimes:

It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of controlled substance except as otherwise authorized by law. These are some of the more common Florida drug possession crimes:

Possession of cannabis less than 20 grams which is a 1st degree misdemeanor punishable by up to 1 year in the county jail. A conviction for this offense also results in a loss of a person’s driver license for 2 years.

Possession of cannabis 20 grams or more but less than 25 pounds is a 3rd degree felony punishable by up to 5 years in State prison.

Possession of cocaine, MDMA, Heroin, GHB, Oxycodone or Hydrocodone which is typically a 3rd degree felony punishable by up to 5 years in State prison.

Driver License Suspension:

A conviction for drug possession will result in your driver license being suspended.

Drug Purchase:

Except as authorized by law, it is unlawful for any person to purchase, or possess with intent to purchase a controlled substance. These are some of the more common offenses:

Purchase of cannabis which is typically a 3rd degree felony punishable by up to 5 years in State prison.

Purchase of cocaine, MDMA, Heroin, GHB, Oxycodone or Hydrocodone which is typically a 2nd degree felony punishable by up to 15 years in State prison.

Drug Sale or Possession with Intent to Sell:

Except as authorized by law, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver a controlled substance. These are some of the more common offenses:

Sale of Cannabis which is typically a 3rd degree felony punishable by up to 5 years in State prison.

Sale of cocaine, MDMA, Heroin, GHB, Oxycodone or Hydrocodone which is typically a 2nd degree felony punishable by up to 15 years in State prison.

The following factors can significantly increase the level of the offense and the penalties the defendant may receive in cases involving controlled substances and illegal drugs:

Penalties will increase if the criminal offense occurs within 1000 feet of a childcare facility, school, college, university, post-secondary educational institute, park, community center, public housing facility, or church or place of worship. In some cases, a minimum mandatory sentence of 3 years in State prison will apply.

Drug Cultivation:

An person may be charged with a drug cultivation crime if they are found to be growing illegal substances. The most common drug cultivation crimes involve cannabis (marijuana). Cultivating drugs is different than drug manufacturing, which involves using chemical or other processes to create illegal substances.

Drug Cultivation Criminal Penalties:

Cases involving 25 lbs or less of cannabis are typically a third degree felony punishable by up to 5 years in State prison, however in cases where the drug cultivation crime occurred within 1000 feet of a school or other designated place, the penalties will increase significantly.

In cases involving large quantities the defendant may face the following minimum mandatory penalties if convicted.

In excess of 25 lbs, but less than 2,000 lbs; or 300 plants or more, but not more than 2,000 plants	3 Year Mandatory Minimum Sentence	A fine of up to $25,000
2,000 lbs or more, but less than 10,000 lbs; or 2,000 plants but not more than 10,000 plants	7 Year Mandatory Minimum Sentence	A fine of up to $50,000
10,000 lbs or more; or 10,000 plants or more	15 Year Mandatory Minimum Sentence	A fine of up to $200,000

Drug Trafficking:

Drug trafficking is simply possession of large quantities of illegal drugs or controlled substances. In cases where the quantity of the controlled substance or illegal drug exceed a certain amount, the penalties will increase and the defendant will be charged with drug trafficking.

Minimum Mandatory Sentences:

Drug trafficking crimes involve minimum mandatory sentences that increase depending on the type and quantity of the controlled substance or illegal drug. A minimum mandatory sentence prevents a person from being sentenced to less than the minimum provided by statute if they are found guilty of the crime. For information on the minimum mandatory penalties for specific drugs and amounts, click on the following link:

Drug Crimes & Drug Arrest Laws:

Some of the Florida drug crime laws are provided below for your review:

Florida Statute 322.055 - Revocation or suspension of, or delay of eligibility for, driver’s license for persons 18 years of age or older convicted of certain drug offenses.
Florida Statute 322.056 – Mandatory revocation or suspension of, or delay of eligibility for, driver’s license for persons under age 18 found guilty of certain alcohol, drug, or tobacco offenses; prohibition.
Florida Statute 775.16 – Drug offenses; additional penalties.
Florida Statute 893.03 – Controlled substances standards & schedules.
Florida Statute 893.13 – Prohibited acts and penalties.
Florida Statute 893.147 – Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia.