Drug Defense Lawyer
Malcolm Anthony has extensive experience
helping clients charged with drug crimes. In Florida
Malcolm Anthony has extensive experience helping clients charged with drug crimes. In Florida, drug crimes range from misdemeanor offenses to felony offenses, and carry vastly different penalties. Here are a few types of drug offenses Florida has penalties for.
Possession of Paraphernalia
Florida Statute 893.147, Use, possession, manufacture, delivery, advertisement, or retail sale of drug paraphernalia:
- Use or possession of drug paraphernalia – It is unlawful for any person to use, or to possession with intent to use, drug paraphernalia:
- To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter; or
- To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
Florida Statute 893.13 contains the laws and penalties for drug possession offenses.
893.13(6)(a): It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree. A third degree felony carries the following penalties: A term of imprisonment not exceeding 5 years, a $5,000 fine.
893.13(6)(b): If the offense is possession of not more than 20 grams of cannabis, or 3 grams or less of a controlled substance, the person commits a misdemeanor of the first degree, punishable by up to 1 year in jail or a $1,000 fine.
NOTE: Possession of over 20 grams of marijuana constitutes a felony of the third degree.
893.13(6)(c): It is unlawful to possess in excess of 10 grams of any controlled substance outlined inFlorida Statute 893.01(1)(a) or (1)(b). Any person who violates this paragraph commits a felony of the third degree which carries a term of imprisonment not exceeding 30 years, or a $10,000 fine.
Trafficking in Cannabis
Trafficking is codified as a violation of the law in Florida Statute Section 893.135. It also carried mandatory sentences.
Trafficking of marijuana can carry serious penalties, as described below: (a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, known as trafficking in cannabis. If the quantity of cannabis involved:
- Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.
- Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of 7 years imprisonment and shall be ordered to pay a $50,000 fine.
- Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.