Drug Crimes FAQ

What is a drug crime?

A person commits a drug crime when they use, possess, manufacture, or distribute illegal drugs or drugs that have potential to be abused and used unlawfully.

Can I get jail time for smoking marijuana?

Yes, you can receive jail time for smoking marijuana. Any charge that is related to marijuana is a criminal offense; therefore jail time can be a penalty for the charge. In the state of Florida, marijuana is considered an illegal drug no matter how small the amount is. However, an arresting officer has to be able to prove that you were in possession of or using marijuana in order for a charge to stick.

Is there a legal limit on marijuana?

In Florida, there is no legal limit for marijuana. If you are found with any amount of marijuana, even the paraphilia for it, you will be charged with a criminal offense. However, the smaller the amount of marijuana you have the smaller your charges will be. For example if you are found having less than 20 grams of marijuana then you will be charged with a first degree misdemeanor which can result in a $1000 fine and/or up to one year in prison.

What is drug trafficking?

Drug trafficking is when a person has a certain amount of a particular drug that is considered enough for them to sell. Every drug has a limit for when it will be charged as drug trafficking. It does not matter if the person found in the possession of the drug was intending to sell the drug. All the law needs to charge a person with trafficking is to find a person with a particular amount of a certain drug.

What is the difference between distributing drugs and drug trafficking?

When a person is selling drugs if the quantity of the drug they are selling is below the trafficking limit for the drug they will be charged with the unlawful distribution or possession of drugs. However, if the person is found with drugs where the quantity is equal to or greater than the limit for trafficking then they will be charged with drug trafficking. The following question is a list of the trafficking limits for each commonly trafficked drug.

What are the drug limits to be considered trafficking?

If a person is caught having the following amounts of each drug on them, they will be charged with drug trafficking whether or not they intended to sell the drugs:

Marijuana: 300 plants or more, or 25 pounds or more
Cocaine: 28 grams or more
Morphine, Opium, Hydrocodone, Heroin,
Oxycodone or Hydromorphone: 4 grams or more
Amphetamine or Methamphetamine: 14 grams or more
Gamma-butyrolactone (GBL) or Gamma-hydroxy-butyrate (GHB): 1 kilogram or more
Flunitrazepam (Roofies): 4 grams or more
MDMA (Ecstasy, Molly):10 grams or more
Lysergic Acid Diethylamide (LSD): 1 gram or more

These are the minimum amounts of each drug for a person to be charged with drug trafficking. As the quantity of the drug increases the penalties for drug trafficking will increase as well.

What are the penalties for trafficking Cocaine?

The penalties for trafficking cocaine are as follows:

28 grams to 200 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
200 grams to 400 grams = 7 year (Minimum) mandatory prison time and a $100,000 fine
400 grams to 150 kilograms = 15 year (Minimum) mandatory prison time and a $250,000 fine
over 150 kilograms = lifetime in prison

What are the penalties for trafficking Heroin?

The penalties for trafficking Heroin are as follows:

4 grams to 14 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
14 grams to 28 grams = 15 year (Minimum) mandatory prison time and a $100,000 fine
28 grams to 30 kilograms = 25 year (Minimum) mandatory prison time and a $500,000 fine
over 30 kilograms = lifetime in prison

What are the penalties for trafficking Ecstasy/Molly?

The penalties for trafficking Ecstasy/Molly or any form of MDMA are as follows:

10 grams to 200 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
200 grams to 400 grams = 7 year (Minimum) mandatory prison time and a $100,000 fine
400 grams or more = 15 year (Minimum) mandatory prison time and a $250,000 fine

What are the penalties for trafficking Oxycodone?

The penalties for trafficking Oxycodone are as follows:

4 grams to 14 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
14 grams to 28 grams = 15 year (Minimum) mandatory prison time and a $100,000 fine
28 grams to 30 kilograms = 25 year (Minimum) mandatory prison time and a $500,000 fine
over 30 kilograms = lifetime in prison

What are the penalties for trafficking Marijuana?

The penalties for trafficking marijuana are as follows:

300 plants or 25 pounds = 3 year (Minimum) mandatory prison time and $25,000 fine
2,000 pounds to 10,000 pounds = 7 year (Minimum) mandatory prison time and $50,000 fine
Over 10,000 pounds = 15 year (Minimum) mandatory prison time and a $200,000 fine

What are the penalties for trafficking LSD?

The penalties for trafficking LSD are as follows:

1 gram to 5 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
5 grams to 7 grams = 7 year (Minimum) mandatory prison time and a $100,000 fine
7 grams or more = 15 year (Minimum) mandatory prison time and a $500,000 fine

What are the penalties for trafficking Amphetamine or Methamphetamine?

The penalties for trafficking Amphetamine or Methamphetamine are:

14 grams to 28 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
28 grams to 200 grams = 7 year (Minimum) mandatory prison time and a $100,000 fine
200 grams or more = 15 year (Minimum) mandatory prison time and a $250,000 fine

What are the penalties for trafficking GBL or GHB?

The penalties for trafficking GBL or GHB are as follows:

1 kilogram to 5 kilograms = 3 year (Minimum) mandatory prison time and a $50,000 fine
5 kilograms to 10 kilograms = 7 year (Minimum) mandatory prison time and a $100,000 fine
10 kilograms or more = 15 year (Minimum) mandatory prison time and a $250,000 fine

What are the penalties for trafficking Flunitrazepam(Roofies)?

The penalties for trafficking Flunitrazepamare:

4 grams to 14 grams = 3 year (Minimum) mandatory prison time and a $50,000 fine
14 grams to 28 grams = 7 year (Minimum) mandatory prison time and a $100,000 fine
28 grams to 30 kilograms = 25 year (Minimum) mandatory prison time and a $500,000 fine

Which drug/drugs are the worst to get caught with?

All drug charges are considered a criminal offense, but some penalties are harsher than others. The only drug that is a misdemeanor charge, and it is a first degree misdemeanor, is having less than 20 grams of marijuana. All other drugs are considered felony charges.

What degree felony will I get from my drug charge (without a drug trafficking charge)?

The possession, manufacturing or selling of any of the following drugs is a Third Degree Felony: Steroids/Testosterone, Xanax, Clonazepam, Diazepam, Lorazepam, and Amphetamines.

The possession, manufacturing or selling of any of the following drugs it is a Second Degree Felony: Ecstasy, Molly, Flunitrazepam (Roofies), Heroin, Oxycodone, Cocaine, Crack, Vicodin, GHB, GBL, Raw opium, Codeine, Hydromorphone, Morphine, Methadone and Methamphetamine

What are the penalties for possessing, using, or manufacturing illegal drugs?

If you sell, manufacture or have in your possession any of the following controlled substances, it is a third degree felony punishable by, up to five years in prison and/or up to a $5000 fine: Marijuana, Steroids, Xanax, Clonazepam, Diazepam, Lorazepam, and Amphetamines.

If you sells, manufacture, or have in your possession the following controlled substances, it is a Second Degree Felony punishable by, up to fifteen years in prison:MDMA (Ecstasy/ Molly), Flunitrazepam (Roofies), Heroin, Oxycodone, Cocaine/Crack, Hydrocodone (Vicodin), GHB, GBL, Raw opium, Codeine, Hydromorphone, Morphine, Methadone, and Methamphetamine.

What drugs are illegal?

The most common illegal drugs are: Marijuana, Heroin, LSD, Ecstasy, Molly, Cocaine, Crack, Methamphetamine, Flunitrazepam (Roofies), GBL, GHB and Morphine.

Other common drugs such as, Oxycodone, Vicodin, Xanax, Clonazepam, and Steroids are legal drugs when prescribed to you but illegal to take when they are not prescribed to you and they are illegal to sell as well. Any drug that is prescribed to you is illegal to sell to another individual.

Should I answer any questions the police officer asked me about me taking drugs when I am asked?

Even if you are caught red handed, by law you do not have to answer any questions that are incriminating. You can simply ask for a lawyer when asked any incriminating questions. When it comes to a drug crime you may want to respectfully tell the officer that you are ‘pleading the fifth’ (choosing not to incriminate yourself) and politely ask for a lawyer.

Can I get my case dismissed if the Miranda Warning was not read?

The Miranda warning is read to individuals being arrested so that they understand their right to remain silent, their right to an attorney, and their right to understand that what they say can and will be used against them in a court of law. If a Miranda warning is not stated to you while you were arrested for a drug crime, your case will not be dismissed because you did commit a crime. However, incriminating statements that you said while not knowing that those statements would be used against you in a court of lawmay be dismissed.

Should I hire an attorney?

If you are charged with a drug crime it is highly recommended to hire an attorney as soon as possible. Public defenders are extremely over-worked, and finding yourself a private attorney will help ensure the best defense possible to get your charges dismissed or reduced.

Should I hire a lawyer if I plan to plead guilty?

Even if you plan to plead guilty you want to make sure that your charges are the minimal penalties you can get. In order to do this you should hire an attorney so they can negotiate your charges for you and work on getting your charges reduced.

How do I find a good attorney?

There are many commendable resources on the internet, and one of the best ones to utilize is the Florida Bar Website. This site will provide you a list of the attorneys in Florida and it is extremely user friendly. Also, researching the internet and reading reviews is a good way to find an experienced criminal defense attorney.