WHAT ARE DRUG CRIME PENALTIES IN FLORIDA?: FORT LAUDERDALE CRIMINAL DEFENSE ATTORNEY EXPLAINS

drugs of various kinds lay out on a table at a party in South FloridaFirst of all: What is a Drug Crime in South Florida?

Anytime narcotics are involved, including the creation or use of them, it is classified as a drug crime.

 

Drug crimes usually have severe punishments due to the fact that they usually involve other criminal activities, such as organized crime, gangs, and drug cartels. 

 

Jail time consequences for drug crimes in Florida are especially harsh. 

 

To legally define drug crimes: they are the act of having, manufacturing, or giving out drugs that could possibly be used for illegal matters.

 

COMMON DRUG CRIMES & DRUG CRIME PENALTIES IN SOUTH FLORIDA

The repercussions of a drug crime are dependent on the type of drug crime it classifies as. Other considerations, in addition to what kind of drug it was and how it was used and kept, are important when determining the legal punishment in Florida. 

 

Your previous criminal record is also taken into account. It is important to keep in mind that your intention of what you planned on doing with the drugs are also factors into how severe the penalty is. Simply possessing drugs has a lighter consequence than planning to distribute, cultivate, or manufacture drugs. 

 

Fines and jail time can be minor, such as a couple days in prison or less than a thousand dollars, or the penalty can be significant, such as being required to pay hundreds of thousands of dollars or spend years in prison.

 

Continue reading to learn more information about drug possession, drug possession with the intent to sell, possession of a controlled substance, possession of drug paraphernalia, drug sales and delivery, drug trafficking, trafficking of controlled substances, conspiracy to sell or traffic in illegal drugs, sell controlled substances, cultivate marijuana, and introduce contraband into a detention facility. 

 

Learn more about what these crimes are and what penalties you could face if you are convicted of any of these.

Fort Lauderdale criminal defense attorney's free guide for what to do if arrested in South Florida.Drug Possession

  • Drug possession is the crime of having one or more illegal drugs in your possession, either for your own personal use, distribution, sale, or for others.
  • Minimum & Maximum Penalty for Drug Possession in Florida
    • You could face up to 5 years in prison time for drug possession in Florida. However, an even severe punishment of up to 30 years may be given if you possess certain drugs over 10 grams. 

Drug Possession with Intent to Sell

  • The Florida law breaks up the crime of drug possession with intent to sell into two subsections: the possession of the drugs, and the intent to distribute them.
  • Minimum & Maximum Penalty for Drug Possession with Intent to Sell in Florida
    • If the charge is ruled as a third-degree felony, you face up to 5 years of prison time in Florida.
    • Based on the type of drug or amount, you could be charged with a second-degree felony. This means you could face up to 15 years of prison time in Florida.

Possession of a Controlled Substance

  • A controlled substance is a prescription medication, illegal drug, or any other banned substance that has the potential to be illegally used.
  • Minimum & Maximum Penalty for Possession of a Controlled Substance in Florida
    • Depending on what drug and the amount, the charge varies.
    • If you are charged with a first-degree felony, you could face up to 30 years of prison time in Florida.
    • If you are charged with a second-degree felony, you could face up to 15 years of prison time.
    • If you are charged with a third-degree felony, you could face up to 5 years of prison time.

Possession of Drug Paraphernalia

  • Drug paraphernalia is a term, to use any equipment, product, or accessory that is intended for making, using, or concealing drugs, typically for personal use.
  • Minimum & Maximum Penalty for Drug Paraphernalia in Florida
    • This is a first-degree misdemeanor, and you could face up to a year in jail in Florida.
 

Drug Sales and Delivery

  • You can be charged with drug delivery if the State can prove that you had possession of a drug with intent to sell. 
  • Minimum & Maximum Penalty for Drug Sales & Delivery in Florida
    • Depending on the type and amount of drug, you could face anywhere from 3 to 25 years in prison in Florida.

Drug Trafficking

  • Drug Trafficking charges in Florida generally involve illegal controlled substances, such as heroin, cocaine, and methamphetamines, but it can also involve the illegal distribution of prescription drugs.
  • Minimum & Maximum Penalty for Drug Trafficking in Florida
    • Depending on the type and amount of drugs, you face a minimum of 3 years in prison and up to 25 years in prison in Florida.

Trafficking of Controlled Substances

  • Drug trafficking, also known as drug distribution, is the crime of selling, transporting, or illegally importing controlled substances, such as heroin, cocaine, or other illegal drugs in Florida.
  • Minimum & Maximum Penalty for Trafficking of Controlled Substances in Florida
    • This is charged as a second-degree felony with a punishment of up to 15 years in prison in Florida. You may also face other punishments including probation or the revoke of your civil rights, like your ability to vote or keep a gun.

Conspiracy to Sell or Traffic in Illegal Drugs

  • Conspiracy to commit the offense occurs when two or more people agree or conspire to commit trafficking in Florida.
  • Minimum & Maximum Penalty for Conspiracy to Sell or Traffic in Illegal Drugs in Florida
    • Depending on how many pounds of drugs, you could be sentenced to a mandatory minimum of 3 years, 7 years, or even 15 years in prison in Florida. 

Sale of Controlled Substance

  • The sale of a controlled substance includes activity that involves bartering, giving away, manufacturing, distributing, delivering, exchanging, or even offering to perform any of those activities.
  • Minimum & Maximum Penalty for Sale of Controlled Substance in Florida
    • The punishment varies depending on the drug in question. You could face as little as 1 year in jail or up to 30 years in prison in Florida.

Cultivation of Marijuana

  • The crime of the Cultivation of Cannabis is committed when a person grows or grows cannabis plants for any use in Florida.
  • Minimum & Maximum Penalty for Cultivation of (Growing) Marijuana in Florida
    • This is charged as a third-degree felony where you face up to 5 years in prison in Florida.
    • In some circumstances, you can be charged with a second-degree felony if you have a grow house or 25+ cannabis plants. The consequences for this is possible prison time of 15 years in Florida.

Introduction of Contraband into a Detention Facility

  • The introduction of contraband into a detention facility in Florida is a criminal defense that is described as intentionally bringing in contraband, drugs, weapons, and other prohibited items, into a detention facility or jail.
  • Minimum & Maximum Penalty for Introducing Contraband into a Detention Facility in Florida
    • You are faced with a third-degree felony charge and possible prison time of 5 years or probation time of 5 years in Florida.

FINES & FEES ASSOCIATED WITH DRUG CRIME CONVICTIONS IN SOUTH FLORIDA 

Drug Possession

  • Fines can go as high as $5,000 and even up to $10,000 if you had over 10 grams of certain drugs.

Drug Possession with Intent to Sell

  • If it is charged as a third-degree felony, you could have to pay up to $5,000 in fines.
  • If you are charged with a second-degree felony, you face a fine of up to $10,000.

Possession of a Controlled Substance

  • Charges for possession of a controlled substance could result in up to a $10,000 fine.

Possession of Drug Paraphernalia

  • You could be charged with up to a $1,000 fine.

Drug Sales and Delivery

  • If you are charged with a first-degree misdemeanor, you could have to pay a fine of up to $1,000.
  • If you are charged with a third-degree felony, you could have to pay a fine of up to $5,000.
  • If you are charged with a second-degree felony, you could have to pay a fine of up to $10,000.

Drug Trafficking

  • Drug trafficking charges result in a fine from anywhere between $25,000 to $500,000.

Trafficking of Controlled Substances

  • This crime could result in a $10,000 fine.

Conspiracy to Sell or Traffic in Illegal Drugs

  • Depending on how many pounds of drugs, you could pay a fine of $25,000 or up to $250,000.

Sale of Controlled Substance

  • Depending on the drug, you could have to pay a fine of $1,000 or up to $10,000.

Cultivation of Marijuana

  • You could have to pay a fine of up to $5,000.

Introduction of Contraband into a Detention Facility

  • This can result in a fine where you have to pay up to $5,000.

CONCLUSION

schedule a free strategy session with the best criminal defense attorneys in Fort LauderdaleAs you can see, there are many different drug crimes and each have their own penalties. With the possibility of facing long prison sentences and hefty fines, you most certainly will need a criminal defense attorney on your side if you’re facing any type of drug crime allegation in South Florida. 

 

Rossen Law Firm can help fight to protect your rights, your livelihood and your future. 

 

If you find yourself in trouble, call us to schedule a free strategy session. 

 

One mistake should not define the rest of your life and we can help.

We take the time and effort to fight for your rights and to provide the best legal support.

 

Call any of our offices to set up a free consultation:

 

Fort Lauderdale: 754-206-6200

Sunrise: 754-999-2499

Boca Raton: 561-880-8181

 

Related: Did you know you can get a DUI in South Florida for driving under the influence of drugs?

HOW ROSSEN LAW FIRM WINs DRUG CRIME CASES IN SOUTH FLORIDA