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Florida Drug Laws

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If you’ve been charged with a drug crime in Florida, you are facing some stiff repercussions. The Florida legislature takes drug crimes very seriously, and the penalties can affect your future for years to come. Working with an experienced attorney can make an immense difference in the outcome, as plea bargains and other legal maneuvers can mitigate sentences.

Florida Code Related to Cocaine 

Possession of cocaine in amounts ranging from 28 grams to 150 kilograms is a first degree felony. The consequences depend on the amount of cocaine involved:

  • 28-200 grams: Mandatory minimum of 3 years imprisonment and $50,000 fine;
  • 200-400 grams: Mandatory minimum of 7 years imprisonment and fine of $100,000;
  • 400 grams-150 kilograms: Mandatory minimum of 15 years imprisonment and $250,000 fine;
  • Over 150 kilograms: Life imprisonment without early release short of executive clemency or pardon.

Florida Code Related to Other Drugs 

Morphine, opium, bath salts, and heroin are drugs that are associated with stiff penalties for even smaller amounts of possession:

  • 4-14 grams: Mandatory 3 years imprisonment and $50,000 fine;
  • 14-28 grams: Mandatory 15 years imprisonment and $100,000 fine;
  • 28 grams-30 kilograms: Mandatory 25 years imprisonment and $500,000 fine;

Florida Code Related to Hydrocodone 

Hydrocodone and its derivatives have their own set of penalties:

  • 14-28 grams: Mandatory 3 years imprisonment and $50,000 fine;
  • 28-50 grams: Mandatory minimum of 7 years imprisonment and fine of $100,000;
  • 50-200 grams: Mandatory 15 years imprisonment and $500,000 fine;
  • 200 grams-30 kilograms: Mandatory 25 years imprisonment and $750,000 fine.

Florida Code Related to Oxycodone 

Oxycodone penalties are equally strong:

  • 7-14 grams: Mandatory 3 years imprisonment and $50,000 fine;
  • 14-25 grams: Mandatory 7 years imprisonment and $100,000 fine;
  • 25-100 grams: Mandatory 15 years imprisonment and $500,000 fine;
  • 100 grams-30 kilograms: Mandatory 25 years imprisonment and $750,000 fine.

Mitigating Circumstances 

A lawyer can seek a downward departure from mandatory minimum sentences based on mitigating circumstances in your case. Factors that might be considered include:

  • When the defendant was an accomplice who played a minor role in the commission of a crime;
  • The mental capacity of the defendant;
  • Mental health treatment requirements that are unrelated to substance abuse;
  • Restitution requirements that outweigh incarceration requirements;
  • Duress of the defendant that led to participation in the crime;
  • Cooperation with the state in this or other criminal matters’
  • Lack of sophistication or other indications that the incident was a one-time incident and the defendant is remorseful;
  • The crime was in conjunction with the defendant’s attempt to assist someone experiencing an overdose.

Trust Your Attorney 

Deric Zacca, Esquire has years of experience in handling drug crimes. Whether you face state or federal charges, you want a knowledgeable attorney on your side. Contact the Fort Lauderdale office today.

Resource:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.135.html