You might think that possessing an illegal drug is an entirely different crime than drug trafficking. However, Florida law regards the possession of too much of an illegal drug as trafficking in that drug, even if the possessor purchases it for their personal use and never intends to sell any to anyone else.

Florida’s strict drug trafficking laws prohibit knowingly selling, purchasing, manufacturing, delivering or bringing drugs into the state. They also prohibit knowingly being in actual or constructive possession of at least specified amounts of them. Constructive possession means that you know where a drug is located and have effective control over it. For instance, it might be stored somewhere to which you and your agents have sole access.

The amounts you need to possess to be guilty of drug trafficking depend on the particular drug in question. Examples include:

• 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

Even possessing mixtures of drugs in those amounts can result in your facing a drug trafficking charge.

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. You might, in the right circumstances, be entitled to a conditional medical release.

If you’re accused of any drug trafficking offense, even if based only 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 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.