Defining Drug Possession vs Drug Trafficking

Florida’s drug laws are some of the most stringent in the United States, and those who are charged with this type of offense will face penalties that are, on the whole, more severe than in other U.S. states. If you have been charged with a drug crime, it is crucial that you find out exactly what you are being charged with, because sometimes, Florida’s drug laws allow you to be charged with a more serious crime than you believe you have committed. Drug possession and drug trafficking are two very similar crimes with a few very major differences.

Drug Possession: Intent Matters

In order to establish that a person has committed the offense of drug possession, two things must be established. The first is that the person must have had “actual or constructive” possession of the substance – that is, it was either found on their person, or found in a location over which they had control, like a car or a home. The second requirement is that the person either knew or should have known the nature of the substance – if a person swears that the bag of white powder in their possession is laundry detergent, not cocaine, it may create reasonable doubt as to whether they knowingly possessed an illicit substance.

In Florida, most drug possession cases are charged as felonies, even so-called “simple” possession cases where there are no other potential legal entanglements. The exception is cannabis – if a person is found with less than 20 grams of cannabis, they will be charged with a first-degree misdemeanor – but almost all other drug defendants will face felony charges, which can carry a minimum of 3 years in jail if convicted.

Drug Trafficking: Intent Is Irrelevant

By comparison, the offense of drug trafficking happens when a person transports or engages in transactions involving large amounts of illicit substances. The criteria to establish trafficking are fairly similar to those establishing an offense of drug possession – however, there are two main differences that are crucial to understand. Namely, trafficking involves much larger amounts of illegal drugs than a case of simple possession; and the question of whether someone intended to engage in trafficking is irrelevant.

The reason for this is that the amounts involved in many drug trafficking cases are so great that a presumption exists that no one person would have such a large amount of an illegal substance solely for their own use. If a person is arrested and law enforcement finds two grams of MDMA in their pocket, it is a crime, but it is reasonable to assume such an amount is just for their use. If that person has 20 grams of MDMA, the presumption is that they intended to sell it.

Contact A West Palm Beach Drug Possession Attorney

If you have been charged with a drug crime in Florida, it is essential that you enlist the right legal help. A West Palm Beach drug possession attorney from the firm of Perlet & Shiner, P.A. can help you understand your options, and determine the best way to proceed going forward. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html