Drug offenses cover a wide range, from simple possession to trafficking. And, if the trafficking occurs across state lines, it can become a federal offense.
However, it’s not a simple matter of how much of the drug you have in your possession. It also depends on the type of drug.
Quantity thresholds
Florida has two types of possession:
- Actual possession is when someone knowingly has a controlled substance on their body, such as in their pocket or a bag.
- Constructive possession means that the drug is not on the person, but still within their control, such as their home or vehicle.
Drug trafficking involves the actual manufacturing, buying, selling, delivering or transporting controlled substances. You don’t necessarily need to be caught selling drugs for a trafficking charge. Merely possessing large quantities is enough to be charged with intent to traffic.
Florida has set minimum quantities of various drugs that will trigger trafficking charges, such as:
- Marijuana: 25 pounds or more, or 300 or more plants
- Cocaine: 28 grams or more
- Methamphetamine: 14 grams or more
- Opiates, including heroin and fentanyl: 4 grams or more
Opioids have deliberately low thresholds due to their potency and the role they play in the ongoing public health crisis. Trafficking in opioids is a felony of the first degree and has harsh mandatory minimum sentencing guidelines:
- 4 to 14 grams: 3 years in prison and a $50,000 fine
- 14 to 28 grams: 15 years in prison and a $100,000 fine
- 28 grams or more: 25 years in prison and a $500,000 fine
A conviction of either possession or trafficking of illegal drugs can have life-altering consequences. It’s crucial to work with someone who can examine the evidence and challenge the prosecutor. They may be able to have the charges reduced or dismissed. Having the right team advocate for you could mean the difference between imprisonment and freedom.
