Drug Defense Attorney, Jacksonville, FL
Possession, Trafficking, and Other Drug Offenses
Drug abuse, prevention, and control in Florida is governed by section 893.13 of the Florida Statutes which makes it unlawful to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Violation of the statute can result in drug charges for possession of controlled substances and possibly sales. The penalties vary under the statute. For example, a person who possesses with intent to sell cannabis commits a felony of the third degree. On the contrary, a person who possesses with intent to sell raw opium commits a felony of the second degree. Each offense is punishable according to the schedule provided for in the statute. A person who possesses with the intent to distribute cannabis or raw opium is in possession of a firearm then the charge will be aggravated or enhanced and the penalty will be stiffer. The quantity of the controlled substance in your possession can also be an aggravating or enhancing factor. If you have been charged with a drug offense or other criminal wrongdoing, then you should consult our experienced Jacksonville drug defense lawyer immediately.
Drug Offenses and Punishments
There are several different types of drugs and drug offenses, each of which is classified and punishable separately. Drug possession charges can be broken down into different types. A simple possession charge is not as severe as possession with intent to sell, which is not as severe as possession with intent to distribute. From time to time, the local news will air a story about a “meth lab” which is a home used to manufacture methamphetamine. Meth is a dangerous drug, has a high potential for abuse and has accepted but severely restricted medical use. Under section 893.135(1)(f) of the Florida Statutes, an arrest for manufacturing methamphetamine with 14 grams or more but less than 28 grams is a first-degree felony that carries a three-year prison sentence and $50,000 fine. The sale, purchase, manufacture, delivery, or knowing possession of 200 grams or more of methamphetamine is a first-degree felony with a 15-year prison sentence and $250,000 fine.
The penalty for growing marijuana for personal use is not as severe as growing marijuana to sell or to transport across state lines. However, a person who possesses with intent to distribute 10,000 cannabis plants faces a minimum mandatory sentence of 15 years imprisonment and $200,000 fine. Before facing charges, it is mandatory to contact a Jacksonville drug defense lawyer to defend your rights.
Drug trafficking is a drug offense that involves transporting illegal controlled substances across state lines. For example, any person who knowingly brings into the state of Florida 25 pounds of cannabis or 300 or more cannabis plants commits a felony of the first degree commonly known as “trafficking in cannabis.” The penalties for drug trafficking depend upon the specific drug involved as well as the quantity. Criminal offenses for trafficking dangerous drugs which are drugs with high potential for abuse with restricted medical use carry stiffer penalties.
It is a criminal offense to sell drugs and upon conviction, the sentence or penalty varies depending on the specific drug involved. For instance, possession with intent to sell 20 grams or less of marijuana is a misdemeanor punishable by one-year incarceration and $1,000 fine. However, possession of more than three grams with intent to sell marijuana concentrates is a felony of the third degree punishable by a term of imprisonment of no more than 5 years and a fine of up to $5,000. Florida law contains special provisions for dealing with hash, or other marijuana concentrates. Hash is a special type of cannabis product prepared from a specific part of the plant that contains particularly high levels of THC, the main active ingredient in marijuana. Because hash comes so highly concentrated, the law begins inducing stiffer penalties for smaller amounts. In order to qualify for a first-degree misdemeanor, a person must be in possession of fewer than three grams of hash or concentrate. In this case, the penalties remain the same as for possessing twenty or fewer grams of marijuana. More than three grams results in a third-degree felony charge with possible sentences equal to those for felony marijuana possession. If you have questions about the law or would like to speak with a drug defense lawyer contact us or submit the confidential case evaluation form.
Contact a Jacksonville Drug Defense Lawyer at The Law Office of Sam Jubran, P.A. Today for Your Free Consultation
If you are facing drug charges or may be accused of committing a drug crime, then you should speak with an experienced Jacksonville Drug Defense Lawyer immediately. Contact us at (904) 360-6100. Help is on the Way!