Sentences for drug trafficking crimes prosecuted in Florida carry severe penalties. Drug trafficking offenses commonly involve the following types of narcotics or controlled substances:
- Trafficking in Marijuana or Cannabis or Conspiracy to Traffic in Marijuana or Cannabis;
- Trafficking in Cocaine, or Conspiracy to Traffic Cocaine;
- Trafficking in Heroin, or Conspiracy to Traffic Heroin; and
- Trafficking in Prescription Medication such as hydrocodine or oxycotin.
- Possession with Intent to Sell
Authorities can allege that even the possession of a relatively small amount of drugs was with the intention to distribute. The punishment for this offense is drastically more serious then simple possession. Small factual details can make the difference, although in tough cases, an aggressive defense may result in the dropped charge of “the intent to sell or deliver” accusation.
Possession of Controlled Substance/Drug Paraphernalia
In many of these cases a Motion to Suppress the evidence can be filed if the circumstances surrounding your stop, search or arrest were in violation of the Fourth Amendment. In other cases, a Motion to Dismiss the charge can be filed if the prosecutor does not have sufficient evidence to prove that you had either actual or constructive possession.
There are other defenses that may also apply to fight this charge, including a showing that the alleged contraband does not qualify as “drug paraphernalia”. Under the definition of “drug paraphernalia” in the Florida Statutes, it is defined as “any kind of materials, products or equipment which is used to cultivate, plant, grow, manufacture, store, conceal, transport, ingest, inhale, or put into the body any controlled substance”. This criminal offense is a first degree misdemeanor, which may be punishable by 12 months in the county jail and a $1,000 fine.
Depending on the circumstances of its possession, drug paraphernalia may include:
Bongs, pipes, roach clips, rolling papers, water pipes, scales, blenders, bowls, spoons, containers, cutting agents, balloons, envelopes, baggies, needles, duct tape & syringes.
What are Controlled Substances?
- Commonly known controlled substances can be classified as follows:
- Cannabis includes marijuana, hashish, and hashish oil.
- Depressants includes barbiturates and tranquilizers such as Librium and Valium.
- Hallucinogens includes LSD (lysergic acid diethylamide), mescaline, and peyote.
- Narcotics can be broken into two groups:
- Opiates, including opium, heroin, morphine and codeine; and
- Nonopiate synthetic narcotics such as Demerol and methadone.
- Stimulants includes cocaine, amphetamines, and other amphetamine-like synthetic drugs.
If you have questions about how we can help you, call our office today and ask us.