Florida is among the states with the toughest drug laws. A first-time offender convicted of possession of just a small quantity of cocaine can receive a sentence of up to five years in prison, and even possession of 20 grams of marijuana can draw up to a year in jail. The penalties increase with the amount and type of drugs involved, and at a certain point, possession can become the crime of trafficking.

Trafficking does not only consist of activities involving the distribution, manufacturing or transportation of controlled substances. Florida law regards the possession of too much of an illegal drug as trafficking in that drug, even if the possessor never intends to sell any of it to anyone else.

Under Florida Statutes 893.135, possessing specific amounts of controlled substances triggers trafficking charges. These amounts vary depending on the drug's schedule under the statutes. (Schedule I contains the most dangerous drugs.) Here are examples:

• Marijuana — More than 25 pounds or at least 300 cannabis plants

• Cocaine — 28 grams or more

• Amphetamine or methamphetamine — 14 grams or more

• Oxycodone — 7 grams or more

• Morphine, opium, heroin — 4 grams or more

• LSD — 1 gram or more

Exceeding these amounts automatically elevates the charge to trafficking, regardless of intent. Even possessing mixtures of drugs in those amounts can result in your facing a drug trafficking charge. However, if law enforcement can prove your intent to sell or distribute even smaller quantities, you could face trafficking charges. Proving intent often hinges on factors like packaging, paraphernalia, communication, and past offenses. 

Any drug trafficking charge in Florida is a first degree felony, punishable by a mandatory minimum of three years in prison and a fine of $25,000 for possession of marijuana and $50,000 for possession of other drugs. Moreover, the minimum sentence increases if you possess substantially more than the minimum for a trafficking charge. For instance, possessing 200 grams of cocaine is punishable by seven years in prison and a $100,000 fine. The sentence for 400 grams is 15 years in prison and a $250,000 fine. Possessing 150 kilograms is punishable by a life sentence without the possibility of parole and a $250,000 fine. 

If you’re accused of any drug trafficking offense, even if based simply on the amount you allegedly possessed, you need an experienced, knowledgeable and aggressive drug offenses defense attorney as soon as you are arrested. Your attorney might be able to challenge the legality of the search and seizure of your drugs or persuade the prosecutor to accept a plea to a lesser charge.

Whether you are charged with drug possession or trafficking in Florida, the Law Offices of Tad A. Yates, P.A. in Orlando, with 27 years of criminal law experience, can provide you the best defense available. Call 407-608-7777 or contact us online for a free consultation.