Frequently Asked Questions On Drug Crimes
What are the penalties for marijuana possession in Florida?
Possession of under 20 grams is a first-degree misdemeanor punishable by up to one year in jail, a $1,000 fine and a one-year driver’s license suspension. Possessing more than 20 grams is a third-degree felony, punishable by five years in prison and fines up to $5,000.
What quantity of drugs constitutes trafficking in Florida?
Flordia Statute 893.135 outlines the quantity of drugs that trigger trafficking charges. The amounts vary according to the drug’s “schedule” or perceived dangerousness. For example, 28 grams of cocaine, 14 grams of methamphetamine, 7 grams of oxycodone and 25 pounds of marijuana are enough to result in trafficking charges.
How does Florida law distinguish between possession for personal use and possession with intent to distribute?
The difference comes down to the circumstances of the arrest and the evidence:
- Personal use: Usually involves smaller amounts of drugs with no other indicators of distribution.
- Intent to distribute: Evidence such as large quantities of drugs, packaging materials, scales or significant cash can suggest an intent to distribute.
Prosecutors will assess these factors to determine the appropriate charges.
What are the consequences of doctor shopping for prescription drugs in Florida?
Under Florida law, doctor shopping is a third-degree felony, punishable by:
- Up to five years in prison
- Fines up to $5,000
Additionally, convictions can lead to the loss of medical licenses for the health care professionals involved.
What are Florida’s laws regarding the sale of fentanyl and its analogs?
The sale, purchase or possession of fentanyl and its analogs in specific quantities is classified as trafficking.
Carrying four grams or more carries mandatory minimum sentences starting at three years and fines of at least $50,000. Enhanced penalties exist if the sale of fentanyl results in someone’s death; the seller can face more severe charges, including life imprisonment.
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If you are facing drug charges in Fort Myers, Florida, attorney Steven Wetter can help you achieve the best possible outcome. Call CALL or reach out online today for a free initial consultation.