A conviction for drug possession or drug trafficking is very serious, and the consequences on your life can be irreparable. A drug conviction detrimentally affects your family and friends, your reputation, your ability to find housing, and ability to keep or find employment. As a result, it is important to aggressively defend yourself from these charges with the help of a West Palm Beach drug lawyer. An experienced drug attorney can assist in advocating on your behalf and ensuring that your rights are protected.
Penalties for Drug Crimes
Because the state of Florida is one of the main locations for drug trafficking, the laws and penalties are among the strictest in the country. For example, possession of 20 grams of marijuana or under is a first-degree misdemeanor and has a maximum sentence of 1 year in jail and a fine of $1,000. Possession of over 20 grams of marijuana, or possession of other illegal drugs such as cocaine, heroin, ecstasy or meth, is considered a felony and has a maximum sentence of 5 years in prison and a $5,000 fine. Also, possession of more than 10 grams of heroin is considered a first-degree felony and is punishable by a sentence of 30 years in prison and a fine of $10,000.
In addition, if a defendant is found with drug-related paraphernalia (e.g., syringes, needles, pipes, bongs, or scales), or chemicals used to manufacture drugs, a dedicated West Palm Beach drug attorney should be contacted as this is an additional offense punishable by a maximum sentence of 1 year in jail and a fine of $1,000. If a defendant has more questions about drug penalties, our knowledgeable West Palm Beach attorneys could elaborate during a consultation.
What is Drug Trafficking?
As a drug attorney in West Palm Beach can explain, drug trafficking is the intentional sale, manufacture, purchase, possession with intent to distribute, or importation of drugs above a certain amount. Florida also has very severe punishments for drug trafficking. For one, trafficking more than 25 pounds of marijuana (or more than 28 grams of cocaine) comes with a minimum sentence of 3 years in prison and a fine of $25,000. The possession of 25 or more cannabis plants is evidence of intent to traffic marijuana – a felony with a maximum sentence of 15 years in jail and a fine of $10,000. Trafficking 200-400 grams of cocaine is punishable by up to 7 years imprisonment and a fine of $100,000.
Most Common Drug Trafficking Cases
In Florida, any substance that is considered to be a controlled substance under Schedule 1 through V in the Title 21 Code of Federal Regulations can be punished under Florida’s drug trafficking laws. However, the most common drugs found in drug trafficking cases are:
- Cannabis (marijuana)
- Cocaine
- Hydrocodone
- MDMA
- Oxycodone
- Heroin
The type of drug or substance found in possession of the individual accused of trafficking as well as the circumstances surrounding it typically has a great impact on the penalty those found guilty are sentenced to.
When Would a Drug Charge Become Federal?
There are several ways in which a drug offense could be charged at the Federal level. For example, if a drug offense was committed in a school zone or involved individuals under the age of 21, the drug charge could become Federal. In addition, if a drug offense crossed state lines, the offense would likely be charged at the Federal level as well.
There are specific drug offenses that are typically charged at the Federal level, such as drug trafficking and drug distribution. It is not uncommon for these types of offenses to be investigated by Federal agents such as the FBI or DEA. When that is the case, the individual in question would likely be charged with a Federal drug offense.
Florida’s Prescription Drug Laws
Virtually every type of prescription drug is considered a controlled substance as defined under Florida Law. As with narcotics, the use, sale, possession, manufacture, and distribution of prescription drugs is regulated under the Drug Abuse Prevention and Control Act, which is found in Chapter 893 of the Florida Statutes.
Prescription drug offenses are defined under Section 893.13. The most commonly charged prescription drug offenses in Florida include, but are not limited to:
- Illegal possession of prescription drugs
- Possession with intent to sell or distribute prescription drugs
- Prescription drug trafficking
- Obtaining prescription drugs by fraud
- Doctor shipping
A Lawyer in West Palm Beach understands the charges related to prescription drug possession and how to defend them.
Classifying Prescription Offenses
The most common offenses seen by a prescription drug Attorney in West Palm Beach are all prosecuted differently. Individuals should contact an attorney to discuss the penalties they face. Illegal possession of prescription drugs is a third-degree felony to be in actual or constructive possession of a controlled substance unless it was lawfully obtained from a medical provider or pursuant to a valid prescription or order of a medical provider while acting in the course of their professional practice.
Possession with intent to sell or distribute prescription drugs is unlawful for an individual to sell, manufacture, deliver, purchase, or possess with intent to sell, manufacture, deliver, or purchase prescription drugs. This offense can be classified anywhere between a first-degree misdemeanor to a first-degree felony depending on the schedule category of the prescription drug involved.
Prescription Drug Trafficking is illegal for any person to knowingly sell, purchase, possess, manufacture, deliver, or transport into the state certain threshold quantities of a controlled substance. The minimum amounts vary based on the type of prescription drug involved and a trafficking conviction will trigger mandatory minimum prison sentences. Obtaining prescription drugs by fraud is considered a third-degree felony to obtain a prescription drug by misrepresentation, fraud, forgery, or deception, regardless of whether it is for financial or recreational purposes.
What is Doctor Shopping?
There are two types of doctor shopping offenses in Florida. It is a third-degree felony to withhold information from a medical practitioner from whom the person seeks to obtain a prescription drug or a prescription for a controlled substance from another medical practitioner within the previous 30 days.
The second type of doctor shopping is a third-degree felony to obtain or attempt to obtain a prescription for or actual controlled substance that is not medically necessary or in an amount that is more than medically necessary from a practitioner by way of fraud, misrepresentation, forgery, deception, or concealment of material fact. Facing prescription drug charges could be overwhelming without a seasoned West Palm Beach Lawyer
Contacting a West Palm Beach Drug Attorney
A conviction for drug possession or trafficking has severe consequences for your life and your future. If you need legal assistance related to drug possession and/or drug trafficking, it is imperative to have an experienced drugs lawyer in West Palm Beach representing you. Our team is highly experienced in handling drug possession and drug trafficking cases in the Palm Beach County area as well as throughout Florida.
We are former prosecutors who know the ins and outs of the criminal justice system and are familiar with handling drug cases. At Leifert & Leifert, we will work tirelessly to get your sentence reduced, or your charges dismissed. We may even be able to get a disposition removed through record sealing and expunging. Contact us today to learn more about these options.
