Hollywood Drug Trafficking Attorney

Charged with drug possession in Hollywood FL

Possession is a standalone offense in addition to being an element in more severe drug crimes. An individual may be charged with illegal drug possession if he or she has an illegal controlled substance in an area that is under the individual’s control. Both actual and constructive possession meet the definition of illegal drug possession under Florida’s drug laws and federal drug law.

Actual possession occurs when an individual has an item on his or her physical person or within his or her reach. Examples of actual possession include:

• having the illegal item placed directly on the individual’s body
• having the illegal item in a pocket on the individual’s clothing
• having the illegal item in a bag, wallet, or other accessory the individual is holding, wearing, or carrying
• having the illegal item in the glove compartment of a car the individual is driving

Constructive possession occurs when an individual has an item in an area that is not physically within the individual’s reach, but the area is still under the individual’s control. Examples of constructive possession include:

• having an illegal item in an assigned locker at work
• having an illegal item in the trunk of a vehicle that belongs to the individual
• having an illegal item in the individual’s bedroom closet
• having an illegal item in the individual’s private storage unit

In some cases, constructive possession is less straightforward. For example, a prosecutor may have more difficulty proving constructive possession in cases in which the illegal item was found in a shared private space or public area.

Drug trafficking charge in Hollywood FL

Florida’s drug trafficking law largely mirrors the federal drug trafficking law. Florida law defines drug trafficking as knowingly and intentionally selling, manufacturing, purchasing, delivering, or transporting an illegal controlled substance into Florida. A defendant may also be convicted on a drug trafficking charge if he or she possesses an illegal controlled substance in an amount that meets or exceeds the minimum threshold quantity as specified by Florida or federal law, depending on the court system in which the defendant is being charged.

MINIMUM THRESHOLD QUANTITIES IN FLORIDA DRUG TRAFFICKING CASES

Similar to the federal Controlled Substances Act, Florida’s Comprehensive Drug Abuse Control and Prevention Act classifies hundreds of controlled substances into five schedules. The schedules are based on each substance’s:

• potential for abuse
• risk of dependency
• known medical uses

Controlled substances that are categorized as Schedule I and Schedule II substances each include a specified minimum threshold quantity. The minimum threshold quantity delineates the difference between a possession charge and a drug trafficking charge that is based on possession. Some examples of minimum threshold quantities are:

• cannabis – 25 pounds or 300 plants
• GHB – 1 kilogram
• cocaine – 28 grams
• hydrocodone – 14 grams
• MDMA – 10 grams
• oxycodone – 7 grams
• fentanyl – 4 grams
• heroin – 4 grams
• LDS – 1 gram

DRUG TRAFFICKING VS. DRUG DISTRIBUTION

Drug trafficking and drug distribution are terminologies that are often used interchangeably. A drug trafficking charge encompasses multiple activities, including drug distribution. Drug trafficking can be based on quantity alone and does not require the prosecution to prove the defendant had any intent to transport, sell, purchase, or otherwise distribute an illegal substance. In contrast, a distribution charge is focused on the movement of an illegal controlled substance. The prosecutor does not have to prove the defendant possessed an illegal controlled substance in the minimum threshold quantity if the prosecutor can prove the defendant intended to distribute the illegal controlled substance. Evidence prosecutors may offer to prove a drug distribution charge include:

• proof that a large sum of cash was found in the defendant’s possession along with an illegal substance in close proximity
• proof that a firearm was found in close proximity to an illegal controlled substance in the defendant’s possession
• the presence of the type of scale that is commonly used to measure and repackage illegal drugs along with illegal drug residue on the scale
• the presence of a contact list in close proximity to illegal drugs in the defendant’s possession

Drug manufacturing under Florida law

Fentanyl is produced legally in the U.S. for use under strict medical supervision. The drug is also produced overseas in illegal forms and trafficked into the United States, where the illegal varieties are sold as a street drug. Illegal fentanyl is extremely dangerous because it is substantially more potent than other prescription opioid drugs, yet in its illegal form, fentanyl resembles other street drugs. When people abuse illegal fentanyl, they can never be sure of how much of the drug they are taking; therefore, the risk of overdosing on fentanyl is much higher compared to other drugs.

Even though illegal varieties of fentanyl are currently exclusively produced abroad, someone can still be charged and convicted for drug manufacturing under Florida law. Florida law defines drug manufacturing as knowingly and illegally producing, preparing, compounding, cultivating, growing, converting, processing, propagating, packaging, or repackaging a controlled substance. Therefore, someone who packages, repackages, or processes illegal fentanyl may be charged for manufacturing an illegal controlled substance.

Drug-free zones in Florida

Florida law designates certain types of properties as drug-free zones. If an individual is convicted for engaging in illegal drug activity within 1,000 feet of a drug-free zone, the court may enhance the individual’s sentence. Examples as drug-free zones in Florida are:

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

Some drug-free zones are only drug-free zones during certain hours. For example, schools are drug-free zones between the hours of 6 am to midnight. Therefore, if someone is charged with a drug-related offense within 1,000 feet of a school, the court may not enhance the sentence based on the drug-free zone law if the defendant is convicted.

Hollywood FL prescription drug charges

More than a decade ago, Florida was once known among prescription drug abusers and people who sold prescription drugs illegally as a top destination for obtaining prescription painkillers. Pill mills, clinics that supplied prescription painkillers to customers with minimal supervision or regulation, were numerous in the state. In fact, pill mills were so numerous that the stretch of Interstate 75 that ran through Florida was referred to as the “Oxy Express,” which is a reference to the opioid oxycontin.

In response to elevated rates of prescription drug abuse across Florida, the state’s legislature enacted some of the toughest prescription drug laws in the country. Currently, it is illegal in Florida to possess a controlled substance without a valid prescription. Despite the state’s tough prescription drug laws, people who seek out prescription drugs to support a personal addiction or to sell illegally have found other ways of gaining access. Prescription drug fraud is the most common illegal strategy people use to obtain highly regulated prescribed medications. Examples of prescription fraud include:

• using a fake name when visiting a doctor to conceal past prescriptions
• stealing blank prescription pads and forging an authorized medical care provider’s name
• calling a pharmacy and impersonating a prescribing medical care provider
• altering a legitimate prescription to illegally obtain more refills

In addition to prescription fraud, theft is another common illegal strategy through which people obtain illegal prescription drugs. Targets for prescription drug theft include pharmacies, hospitals, other medical care facilities, and even private homes.

ACCUSED OF ILLEGALLY POSSESSING A PRESCRIPTION DRUG IN HOLLYWOOD FL

There are numerous reasons someone may legitimately have a prescription drug in his or her possession without a prescription. Some seemingly simple situations that may potentially result in an illegal prescription drug charge in Hollywood FL are:

• Getting stopped by police after picking up a prescription for a friend or family member
• Allowing someone leaving medication in your vehicle after you have given them a ride
• Allowing someone who uses prescription drugs to borrow your car
• A guest accidentally leaving their medication in your home after visiting

If you have been accused of illegally possessing a controlled substance without a prescription, contact a Hollywood FL drug trafficking defense lawyer. A Florida defense attorney can help you challenge the charges against you.

Hollywood FL drug trafficking lawyer

A drug charge should always be taken seriously. Our Hollywood drug trafficking defense lawyer is thoroughly familiar with state and federal drug law. Joffe Law is qualified to represent Florida criminal defendants in state and federal drug cases. Contact our talented team to learn more about the types of drug cases we handle. If you need legal representation immediately, a member of our team will review your case.