Drug charges in Florida can range from lower-level offenses with relatively light penalties to serious felonies that carry heavy penalties, including lengthy prison sentences and expensive fines. Anyone living in or visiting Florida should understand when a drug charge will escalate from a misdemeanor to a felony. Drug use is a legal issue for people in all economic and social groups. No one expects to be charged with a crime until it happens.
While all Florida drug arrests are serious, felonies can have devastating consequences that may last a lifetime.
At Stechschulte Nell, Attorneys at Law in Tampa, we believe every member of the community needs to know how the law may affect them or their family. When an unexpected legal crisis arises, we act immediately to assert our client’s rights and execute the most appropriate and effective defense on their behalf. If you or someone in your family is charged with a Florida drug crime, contact us for experienced and reliable legal representation.
Florida Drug Laws
Florida Statutes §893.01 – 893.30, also known as the Florida Comprehensive Drug Abuse Prevention and Control Act, details the state’s drug offenses and penalties. Florida law follows the pattern of federal laws classifying controlled substances into five schedules based on their potential for abuse and recognized medical use. Schedule I substances are considered the most dangerous and include drugs declared to have a high potential for abuse and no accepted medical use. Interestingly, under both federal and Florida law, cannabis is still listed on Schedule I despite medical research indicating that cannabis has value in relieving pain in some patients.
Each of the other four schedules include drugs and chemical compounds deemed to be marginally less addictive or to have some medical use under strict regulatory control. The law addresses all controlled substances, whether obtained by prescription or through illegal means.
Felony Drug Charges in Florida – Factors Considered
The factors that influence whether a drug charge in Florida is classified as a misdemeanor or a felony include
- the type of controlled substance
- the quantity of the drug
- the intended use (personal use versus distribution or manufacturing)
- the presence of any aggravating circumstances, such as nearness to a school or possession of a firearm
Schedule Classification
The seriousness of a drug charge is dependent on the type and schedule of the controlled substance involved. For instance, possession of a Schedule I substance is more likely to result in felony charges due to the high potential for abuse and lack of medical value. Examples include heroin, LSD, ecstasy, and certain synthetic drugs such as fentanyl.
Quantity of the Drug
Quantity plays a critical role in determining the severity of drug charges. Possession of drugs in amounts exceeding those deemed for personal use can lead to felony charges of possession with intent to sell, manufacture, or deliver felonies. Florida law outlines a specific list of drug quantities that will result in ranges of prison sentences:
Misdemeanor Drug Possession
- Less than 20 grams of cannabis – Up to 1 year in jail and up to $1,000 fine
- Possession of drug paraphernalia (even without drugs) – Up to 1 year and $1,000 fine
Felony Drug Offenses
- Possession of more than a certain number of controlled substances,
- Possession with intent to deliver any amount of a controlled substance,
- Manufacturing or delivering any amount of controlled substance,
- Trafficking in controlled substances
Penalties for each offense vary depending on the specific drug and the amount involved. Some examples include the following:
- Possessing up to 28g of cocaine – 3rd-degree felony – Up to 5 years and a $5,000 fine
- Possessing more than 20g of cannabis – 3rd-degree felony – Up to 5 years and a $5k fine
- Possession w/ Intent to Deliver – 2nd degree felony – Up to 15 years and a $10,000 fine
- Delivery or Sale of Controlled Subs. – 2nd-degree felony – Up to 15 years and $10k fine,
- Trafficking – 26 to 1,999 lbs. of cannabis – Minimum 3 years in prison up to 30 years and a $25,000 fine
- Trafficking 200 to 400 grams of cocaine – Minimum 7 years in prison up to 30 years and a $100,000 fine
As you can see, the penalties increase in severity as the amount of the drugs increases and is impacted by the identity of the drug.
Intent to Distribute or Manufacture
Evidence of intent to distribute, deliver, sell, or manufacture can include possession of large quantities of drugs, scales, baggies, or communications indicating drug sales.
Defending charges in which the defendant is alleged to have “intent to distribute” often requires the prosecution to rely on circumstantial evidence. The presence of a scale and packaging material along with a log of transactions may suffice to prove the person intended to distribute the drugs. However, an experienced drug defense lawyer can challenge that conclusion by pointing out that those items alone, without the presence of a large quantity of drugs, merely proves that the person possessed only enough drugs for their personal use. An argument can be made that the other items were just drug paraphernalia.
The quantity and quality of the state’s evidence will vary in every case and your defense lawyer’s skill and knowledge of the law will frequently have a major impact on the outcome of the case.
Aggravating Circumstances
Certain aggravating circumstances can elevate penalties in felony drug cases. Examples include possession with intent to sell or sale of controlled substances within 1,000 feet of a school, college, park, or other specified areas. The proximity to a school or other listed location usually increases the severity of the crime to the next level. If a third-degree felony can be raised to a second-degree felony, the maximum possible sentence would be 15 years in prison instead of just five.
Another common aggravating factor is possession of a firearm during the commission of a drug offense. Under Florida’s law, the use or display of a gun during the commission of certain drug offenses can also bump up the offense level to the next highest felony degree.
Defending Against Felony Drug Charges
Defending against felony drug charges in Florida requires a comprehensive legal strategy individually tailored to the specific facts of the case. Defense strategies usually include challenging the legality of the search and seizure that led to the discovery of drugs, filing motions to exclude evidence obtained in violation of constitutional rights, and negotiating favorable plea deals in which charges are reduced or alternative sentencing options such as drug treatment programs are approved.
In some cases, first-time offenders may be eligible for diversion programs, which, upon successful completion, can result in the dismissal of charges. These programs include drug education, community service, and regular drug testing.
Read More > Florida Drug Trafficking Laws and Penalties
Experienced Drug Defense Lawyers
If you are facing drug charges in Florida, you should contact experienced drug defense lawyers to protect your rights and explore all available options for defense and sentence mitigation.
Stechschulte Nell, Attorneys at Law in Tampa have successfully represented people from all backgrounds in Florida drug crime prosecutions. Contact our office for a full review of your case.
