Drug Trafficking Attorney Southwest Ranches

Drug trafficking cases in Southwest Ranches FL

Florida’s drug trafficking statute was written very broadly by the state legislature. Because the statute is so broad, Florida prosecutors may charge a variety of drug-related offenses under a single statute. State law defines drug trafficking as intentionally selling, manufacturing, distributing, possessing, or purchasing an illegal controlled substance in Florida. Florida’s drug trafficking statute does not require a state prosecutor to prove a defendant had any intent to distribute or transport an illegal controlled substance to prove a drug trafficking charge. A state court defendant may be convicted for drug trafficking if he or she possesses an illegal controlled substance in the statutory-specified minimum threshold quantity.

MINIMUM THRESHOLD QUANTITIES IN FLORIDA DRUG TRAFFICKING CASES

Florida’s Drug Abuse Prevention and Control Act, which mirrors the federal Controlled Substances Act, categorizes hundreds of controlled substances into five schedules. The five schedules are based on:

• the controlled substance’s potential for abuse
• the risk of dependency
• the controlled substance’s known medical uses

Schedule I and Schedule II controlled substances have specified minimum threshold quantities. The minimum threshold quantity is the minimum amount of the substance a defendant must possess for a Florida court to draw a distinction between drug possession and a drug trafficking charge. A defendant may be charged with drug trafficking if he or she is found in possession of at least:

• 200 grams of methaqualone
• 25 lbs. of cannabis or 300 plants
• 28 grams of cocaine
• 28 grams of phencyclidine
• 14 grams of amphetamine
• 4 grams of oxycodone, hydrocodone, morphine, or fentanyl

EVIDENCE OF ILLEGAL DRUG SALE OR DISTRIBUTION IN FLORIDA DRUG TRAFFICKING CASES

Defendants who are accused of selling, distributing, or transporting illegal drugs in Florida may be convicted even if they possess less than the minimum threshold quantity. Prosecutors may establish a drug distribution, sale, or transportation charge by providing evidence that proves the defendant’s intent to move or distribute the drugs in some capacity. Examples of evidence may include:

• the presence of small plastic bags that are typically used for repackaging drugs for sale
• the presence of a scale with illegal drug residue on it
• the presence of a firearm near a stash of illegal drugs
• the presence of a contact list near a stash of drugs
• the presence of a large sum of cash near a stash of drugs

The evidence prosecutors offer to prove drug trafficking is sometimes very subjective. Therefore, a Florida defense attorney may readily challenge the prosecution’s assertion that the presence of certain items prove the intent to distribute drugs.

Drug possession under Florida law

An individual may be charged under federal or state law for possessing an illegal substance if the substance is located in an area over which the individual exercises control. Federal and state law recognize actual and constructive possession.

Actual possession is what most people think of when they imagine someone being charged for possession of an illegal drug. An individual may be charged and convicted for being in actual possession of a drug if:

• the drug was located on the defendant’s physical person
• the drug was located in the defendant’s pocket or another compartment in the clothing the defendant was wearing at the time of the offense
• the drug was located in a purse, wallet, or other accessory the defendant was wearing, holding, or carrying
• the drug was located within the defendant’s physical reach

Constructive possession refers to areas that are not necessarily within close physical proximity to the defendant, but the defendant can still exercise control over the area. Examples of constructive possession include:

• storing illegal drug in the truck of your personal vehicle
• storing illegal drugs in an assigned storage unit
• storing illegal drugs in your locker at work
• storing illegal drugs in your bedroom closet at home

Proving constructive possession is more difficult if the illegal item was discovered in an area to which multiple people had access. For example, a prosecutor may have a more difficult time proving a defendant possessed drugs that were found in the lobby of his or her office building in the absence of other supporting evidence.

Drug manufacturing charge in Southwest Ranches

Florida prosecutors charge drug manufacturing under the state’s drug trafficking law. State law defines drug manufacturing as illegally preparing, deriving, compounding, propagating, producing, processing, fabricating, or repackaging any controlled substance. It is important to note that in cases that involve fentanyl, which is currently produced in its illegal form outside of the United States and imported into the country, a defendant may still be charged for drug manufacturing. Because state law allows prosecutors to charge people for repackaging illegal drugs, the act of packaging fentanyl for illegal sale or resale meets the definition of drug manufacturing.

POSSESSION OF DRUG PARAPHERNALIA

Sometimes, a law enforcement agency may raid an illegal drug manufacturing lab, but the law enforcement agents may not find any illegal substances onsite. In those cases, the property owner may still be charged with a drug offense even if the police did not find an illegal substance. A prosecutor may charge the individual with possession of drug paraphernalia if there are items that are commonly used to manufacture an illegal controlled substance on the property. Examples of items that suggest a defendant had the intent to manufacture an illegal controlled substance may include:

• mixing equipment
• tablet presses
• a scale
• certain chemicals

People may also be charged with possession of drug paraphernalia if they have one or more items that are commonly associated with illegal drug abuse. Some examples of drug paraphernalia a Florida court may associate with illegal drug possession are:

• various types of glass, wooden, and metal pipes
• rolling papers
• syringes
• bongs and hookahs
• small spoons

Your attorney may be able to challenge a drug paraphernalia charge by proving the item is used exclusively for a purpose that is not related to illegal drug abuse. Contact a Southwest Ranches drug defense attorney if you have been accused of possessing drug paraphernalia.

Drug-free zones in the Sunshine State

Florida law designates certain areas as drug-free zones. If a defendant is convicted for engaging in illegal drug activity within 1,000 feet of a drug-free zone, the court may enhance the sentence in the case. Some properties that are designated drug-free zones include:

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

Some drug-free zones are only designated as such during certain hours. For example, Florida schools are only drug-free zones between the hours of 6 a.m. and 12 midnight. If a defendant is convicted for engaging in drug-related activity outside of the designated drug-free hours, the court will not enhance sentencing in the case.

Prescription drug laws in Southwest Ranches FL

More than a decade ago, Florida was a popular destination due to more than just the state’s sunny beaches. People who were specifically seeking access to prescription painkillers for the purpose of supplying their addiction or selling the drugs flocked to the Sunshine State. Florida’s pill mills, clinics that dispensed prescription painkillers with minimal regulation, became so popular that the stretch of I-75 that runs through Florida was dubbed the “Oxy Express,” a reference to the addictive opioid drug oxycodone.

In response to high rates of illegal prescription drug activity, the state legislature enacted tougher laws against illegally buying, selling, and possessing prescription drugs. Today, possession of a controlled substance without having a valid prescription is a criminal offense. Possession of a controlled substance without a valid prescription is a second-degree misdemeanor offense. If convicted, the defendant may be sentenced to up to 60 days in jail and a fine of up to $500. If a Florida court finds that the defendant had the intent to sell, dispense, or deliver the drug, the individual may be convicted on a third-degree felony charge, which has a maximum sentence of up to five years in prison and a fine of up to $5,000.

Florida’s drug trafficking defense attorney

Joffe Law is South Florida’s trusted drug trafficking defense law firm. We are seasoned in representing defendants in federal and state level drug trafficking cases. Whether a misdemeanor or felony, no drug charge should be taken lightly. Contact us if you have been accused of a drug offense in Southwest Ranches.