The Florida Comprehensive Drug Abuse Prevention and Control Act prohibits “trafficking” in certain controlled substances. Trafficking generally consists in the knowing sale, purchase, manufacture, delivery, importation, or actual or constructive possession of a large quantity of a prohibited substance. The common substances in which trafficking is forbidden are cannabis (marijuana), cocaine, heroin, Quaaludes, methamphetamines, Rohypnol (roofies), Ecstasy, MDMA, Molly, LSD and prescription pain medications.
To prove the crime of trafficking in a controlled substance, the prosecutors must prove that you, with guilty knowledge possessed or sold the substance. Under the statute, the sale or other prohibited act is knowing if the person intends to sell or commit other prohibited acts as to any of the controlled substances listed in the statute regardless of which controlled substance is actually involved. More often than not, however, police and prosecutors chose to prosecute these cases exclusively on the amount of the substance possessed without regard for whether the person was actually buying or selling the controlled substance.
Trafficking offenses are generally more serious in degree and penalty than are offenses of the ordinary sale, purchase, manufacture, delivery, importation, or possession. A conviction for a trafficking offense carries a minimum mandatory prison sentence. Below are some of the more common drug trafficking penalties:
Marijuana / Cannabis
| 3 Year Minimum Mandatory Prison Sentence |
Between 25lbs and 1,999lbs or between 300 and 1,999 plants |
| 7 Year Minimum Mandatory Prison Sentence |
Between 2,000lbs and 9,999lbs or between 2,000 and 9,999 plants |
| 15 Year Minimum Mandatory Prison Sentence |
10,000lbs or more or 10,000 plants or more |
Cocaine
| 3 Year Minimum Mandatory Prison Sentence |
Between 28 and 199 grams |
| 7 Year Minimum Mandatory Prison Sentence |
Between 200 and 399 grams |
| 15 Year Minimum Mandatory Prison Sentence |
Between 400 grams and 150 KG |
| Mandatory Life Sentence |
150 KG or more |
Heroin, Morphine, Opium, Oxycodone, Hydrocodone,
| 3 Year Minimum Mandatory Prison Sentence |
Between 4 and 13 grams |
| 15 Year Minimum Mandatory Prison Sentence |
Between 14 and 27 grams |
| 25 Year Minimum Mandatory Prison Sentence |
Between 28 grams and 29 KG |
| Mandatory Life Sentence |
30 KG or more |
Amphetamines & Methamphetamines
| 3 Year Minimum Mandatory Prison Sentence |
Between 14 and 27 grams |
| 7 Year Minimum Mandatory Prison Sentence |
Between 28 and 199 grams |
| 15 Year Minimum Mandatory Prison Sentence |
200 grams or more |
Flunitrazepam (Rohypnol/Roofies)
| 3 Year Minimum Mandatory Prison Sentence |
Between 4 and 13 grams |
| 7 Year Minimum Mandatory Prison Sentence |
Between 14 and 27 grams |
| 25 Year Minimum Mandatory Prison Sentence |
Between 28 grams and 29 KG |
| Mandatory Life Sentence |
30 KG or more |
MDMA/Ecstasy/Molly
| 3 Year Minimum Mandatory Prison Sentence |
Between 10 and 199 grams |
| 7 Year Minimum Mandatory Prison Sentence |
Between 200 and 399 grams |
| 15 Year Minimum Mandatory Prison Sentence |
400 grams or more |
Don’t despair after discovering the lengthy prison sentences associated with drug trafficking. There are several defenses available to you and Erick knows them well. For example, your mere presence at a site where drug trafficking is being committed or in a car where the requisite quantity of a controlled substance is found is not sufficient for a drug trafficking conviction. Moreover, evidence merely that you were in the proximity to a controlled substance is insufficient to support a conviction for trafficking. Additionally, Erick is very adept at searching for and discovering constitutional violations committed by the police during their searches. Using these deficiencies in the evidence as well as discovery of your constitutional rights can lead to outright dismissal of the case against you or a reduction in your charges and sentence.
Call Erick to discuss your case with him and find out how he can get your case dismiss, charges and sentence reduced and your arrest record sealed or expunged.
