When Does Drug Possession Become Trafficking?

No one likes to think that they might somehow blunder into ‘accidentally’ committing a crime – but Florida is one of the places where it can unfortunately happen if one is particularly unlucky. Florida’s drug laws are some of the strictest in the United States, and the offense of simple drug possession is much closer to full-blown drug trafficking than the average person might think.

Two Factors Matter Most

If you have been arrested and charged with a drug crime in Florida, there are only two real factors that will ultimately decide which specific charge you face: the nature of the drug or drugs in question, and the weight of the drugs (or of the mixture of substances containing the drugs). The higher the weight of the illicit substances involved, the more likely you will be charged with drug trafficking instead of simple possession.

For example, if one looks up the drug oxycodone, they see that the law defines possession of 7 grams or more as evidence of drug trafficking. This is true even if a person had no intent to sell or distribute the oxycodone, as would be required in other states. Most jurisdictions define drug trafficking as the act of getting illegal drugs into the hands of the public; in Florida, however, mere possession of a certain amount of an illicit substance is considered sufficient proof for arrest.

Mandatory Minimum Sentences Possible

If you have been charged with drug trafficking, it is crucial that you take such a charge very seriously. Florida still has mandatory minimum sentences for most state drug offenses, meaning that if you are convicted, you must serve a certain amount of time behind bars before release, with no option for parole or any other way to avoid jail. While most mandatory minimum sentences are as low as 3 years, they can last as long as life for truly egregious cases.

None of this is to say that being arrested for drug possession is any better, as a conviction for this charge will stay on a person’s criminal record, and in some cases, a mandatory minimum sentence may also be imposed. But a charge of trafficking is seen as particularly egregious because it is a crime against society – simple possession, at least in theory, harms no one but the possessor. You need the right legal help to protect your rights.

Call A West Palm Beach Drug Trafficking Attorney

If you have been charged with drug trafficking in Florida, know that these charges are prosecuted aggressively. A West Palm Beach drug crimes attorney from the firm of Perlet & Shiner, P.A. can ensure that you get your day in court, and the chance to defend yourself. 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/0893.135.html