Kendall Federal Drug Crime Lawyer

Florida drug trafficking charge

Florida’s legislature drafted a very broad drug trafficking law that allows prosecutors to charge multiple drug offenses under a single statute. State law defines drug trafficking as knowingly selling, purchasing, manufacturing, delivering, importing, or knowingly being in active or constructive possession of an illegal drug in the minimum threshold quantity. Florida’s Comprehensive Drug Abuse Prevention and Control Act lists hundreds of controlled substances and categorizes them into five different schedules. The schedule classification system is based on:

• the substance’s potential for abuse
• the risk of people becoming dependent on the substance
• the substance’s known medical uses

The state drug trafficking charge refers to drugs that are listed in Schedules I and II. Each of the illegal substances within those schedules have a specified minimum quantity that separates drug possession charges from drug trafficking offenses. Some examples of minimum threshold quantities are:

• Cocaine – 28 grams
• Cannabis – 25 pounds or 300 plants
• Hydrocodone – 14 grams
• MDMA/Ecstasy – 10 grams
• Oxycodone – 7 grams
• Heroin – 4 grams
• Fentanyl – 4 grams
• LSD – 1 gram

Drug manufacturing and cultivation charge

Federal law defines drug manufacturing as producing or making an attempt to produce an illegal controlled substance. Anyone who participates in any step in the production process may be charged with manufacturing under federal law, including individuals and companies that knowingly provide equipment and chemicals for the purpose of manufacturing an illegal controlled substance. People who manage a facility that illegally manufactures drugs and others who agree to help with the process can also be charged.

The Drug Enforcement Administration aggressively investigates federal drug crimes. Federal drug charges are brought by the U.S. Attorney’s Office, which also aggressively prosecutes drug offenses. To prove a federal drug manufacturing charge, a U.S. Attorney must prove at least one of the following:

• the defendant manufactured, distributed, or dispensed an illegal controlled substance
• the defendant possessed an illegal controlled substance with the intent to manufacture, distribute, or dispense it
• the defendant intentionally created, distributed, or dispensed a counterfeit controlled substance

Manufacturing is also prohibited under Florida law; however, Florida prosecutes drug manufacturing cases under the state drug trafficking law. State law defines drug manufacturing as knowingly and intentionally producing, preparing, compounding, or processing any controlled substance. Florida law also includes the repackaging of a controlled substance as a manufacturing activity. Therefore, an individual who repackages an illegal drug for sale or distribution may also be charged with manufacturing an illegal drug. A state prosecutor may must prove the following to establish a manufacturing charge under state law:

• the defendant had a controlled substance in his or her actual or constructive possession with the intent to manufacture, sell, or distribute the substance
• the controlled substance is listed under the Florida Drug Schedule
• the defendant had knowledge or was aware of the controlled substance that was within his or her possession

Drug cultivation is also prosecuted under the state drug trafficking statute. Florida law defines cultivation as the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending or care or harvesting of a controlled substance.

POSSESSION OF DRUG PARAPHERNALIA IN FLORIDA

In some cases, an illegal drug manufacturing lab may not necessarily have the illegal substance on hand when a law enforcement agency discovers the crime. In those cases, a state prosecutor may charge the defendant with possession of drug paraphernalia. Examples of paraphernalia that may suggest the defendant had the intent to manufacture an illegal drug include:

• mixing equipment
• bowls
• blenders
• certain types of containers
• spoons

Some types of drug manufacturing equipment may have other common uses that do not suggest illegal drug manufacturing. Your Kendall FL drug trafficking defense lawyer may challenge a drug manufacturing allegation by providing evidence that you use the equipment for a legitimate purpose.

People who are suspected of distributing or abusing drugs may also be charged for possessing drug paraphernalia. Other examples of items prosecutors commonly present in support of a claim of possession or distribution are:

• the presence of a type of scale that is commonly used to weigh drugs
• the presence of small plastic bags that are used to package drugs for sale
• the presence of containers that are commonly used to conceal, store, or transport illegal drugs
• ceramic, glass, stone, metal, acrylic, or wooden pipes
• punctured metal bowls
• bong pipes, smoking and carburetion masks, or air driven pipes
• rolling papers

Possession or use of drug paraphernalia is a first-degree misdemeanor in Florida. If convicted, the defendant may be sentenced to up to 365 days in jail and a fine of up to $1,000.

Maintaining a dwelling for an illegal drug-related purpose

Property owners and renters may be charged for a drug offense in Kendall Florida if they knowingly lease, purchase, or otherwise possess or maintain a property for drug trafficking or manufacturing. The property may be:

• any place
• a structure
• a trailer
• a conveyance
• a dwelling
• any part of a structure

Owning, leasing, or renting any place for the purpose of trafficking, manufacturing, or selling an illegal controlled substance is a third-degree felony. If convicted, the defendant may be sentenced to a maximum of five years in prison and ordered to pay a fine of up to $5,000.

Knowingly being in actual or constructive possession of any place, structure, part of a structure, conveyance, or trailer that will be used for the purpose of drug trafficking or illegal drug manufacturing is a second-degree felony. If convicted, the defendant may be sentenced to a maximum of 15 years in prison and ordered to pay a fine of up to $10,000.

An individual who is knowingly in actual or constructive possession of a place, structure, part of a structure, conveyance, or trailer with knowledge that the property is being used to manufacture or traffick an illegal controlled substance may be convicted for a first-degree felony if a minor is present at the property. The prosecution must prove the defendant knew or should have known that the minor was present or resides at the property.

Drug-free zones in Florida

Florida law designates certain types of properties as drug-free zones. Individuals who are charged for a suspected drug-related offense that is alleged to have taken place within 1,000 feet of a drug-free zone may be subjected to enhanced sentencing if convicted. Some examples of drug-free zones are:

• places of worship
• government buildings
• government housing complexes
• convenience stores that sell groceries
• convenience stores that are open 24/7
• schools
• universities
• assisted living centers

Some drug-free zones are only active during certain hours. For example, schools are drug-free zones between the hours of 6 a.m. and 12 midnight. Therefore, if the court convicts the defendant’, the court may only enhance the defendant’s sentence if the offense took place within 1,000 feet of a school during drug-free hours.

Mandatory minimum sentencing in Florida drug trafficking cases

The penalty for drug trafficking depends on the drug and the quantity the defendant is convicted for possessing. Mandatory minimum sentencing guidelines require judges to automatically sentence convicted defendants to a minimum amount of time in prison and a minimum required fine. When mandatory minimum sentencing applies, courts still have the usual discretion to sentence the defendant up to the maximum sentence. Depending on the drug and quantity involved, federal mandatory minimum sentences range from three years in federal prison up to a mandatory minimum of 25 years in federal prison.

Florida also imposes mandatory minimum sentencing for drug trafficking. However, potential mandatory minimums under Florida law range from 3 years in state prison to life in state prison.

Prescription drug charge in Florida

More than 10 years ago, Florida was notorious for its pill mills, clinics that freely prescribed prescription narcotics without conducting an exam or implementing regulatory measures. People who wanted easy access to prescription drugs for personal use or to sell would travel to Florida, often using what was dubbed the “Oxy Express.” The Oxy Express is the nickname people who participated in the illegal prescription drug trade used to refer to the stretch of Interstate 75 that runs through Florida. “Oxy” is the nickname for the opioid drug Oxycontin.

Today, Florida has some of the toughest laws against illegal prescription drug activity in the country. Nevertheless, people still abuse and sell prescription drugs. Some of the tactics individuals now use to obtain access to regulated prescription medications are:

• doctor shopping
• prescription forgery
• prescription theft
• burglarizing pharmacies
• impersonating a health professional for the purpose of calling in a prescription

Under Florida law, possession of a controlled substance without a valid prescription is a third-degree felony. Depending on the facts of the case, an individual who is caught with a drug that was not legally prescribed to the individual may also be charged for other related offenses. We represent individuals who have been charged in Kent Fl for prescription fraud and other prescription drug-related charges.

Kendall FL drug trafficking lawyer

People who are charged with drug trafficking or other drug offenses in Florida may face federal and state charges. Therefore, the penalties can add up quickly. Joffe Law is South Florida’s trusted drug trafficking defense law firm. Our talented team is available to counsel you and help you make informed decisions about your legal options. We represent defendants at all stages in the criminal court process, including post-conviction. Call us today to receive a case evaluation.