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A drug crime is best defined as, a crime in which a person commits by using, possessing, manufacturing, or distributing illegal drugs or drugs that have a potential for abuse. Drug trafficking is also considered a drug crime and has more severe penalties.
Penalties
The common penalties for possessing, manufacturing, and selling drugs are:
Marijuana:
Having 20 grams or less of marijuana
• First degree misdemeanor
• Up to one year in jail
• Up to a $1000 fine
Having more than 20 grams of marijuana but less that 25 lbs
• Third degree felony
• Up to five years in prison
• Up to a $5000 fine
Other Controlled Substances
Aside from the misdemeanor charge of a person possessing 20 grams or less of marijuana, possession of all other controlled substances will not be less than a third degree felony charge. Below is a list of other controlled substances and their penalties:
If a person sells, manufactures, delivers, or possess with intent to sell 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. This is without a drug trafficking charge.
• Marijuana
• Steroids/Testosterone
• Xanax
• Clonazepam
• Diazepam
• Lorazepam
• Amphetamines
Penalties will increase if any of the crimes were committed near a school, adult assisted living facility or a place of religious worship.
If a person sells, manufactures, delivers, or possess with intent to sell the following controlled substances, it is a second degree felony punishable by, up to fifteen years in prison. This is without a drug trafficking charge.
• MDMA (Ecstasy, Molly)
• Flunitrazepam (Roofies)
• Heroin
• Oxycodone
• Cocaine/Crack
• Hydrocodone (Vicodin)
• GHB
• GBL
• Raw opium
• Codeine
• Hydromorphone
• Morphine
• Methadone
• Methamphetamine
Drug Trafficking
Drug Trafficking involves the particular quantity of the purchase, manufacture, delivery, or sale of a controlled substance. In Florida, the law does not require any proof that a person actually purchased, manufactured, delivered, or sold the controlled substance.
The quantity and penalties for each drug to be considered drug trafficking are listed below:
Marijuana:
• 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
Cocaine:
• 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
Morphine, Opium, Hydrocodone, Heroin,
Oxycodone or Hydromorphone:
• 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
Amphetamine or Methamphetamine:
• 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
Gamma-butyrolactone (GBL) or Gamma-hydroxy-butyrate (GHB)
• 1 kilogramto 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
Flunitrazepam (Roofies):
• 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
MDMA (Ecstasy, Molly)
• 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
Lysergic Acid Diethylamide (LSD)
• 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
Contact an Expert Drug Trafficking Lawyer Today
If you have been charged with a drug crime, such as drug trafficking, the sooner you contact a lawyer the better your chances will be to minimize your charges. Do not waste any time, contact Finebloom, Haenel& Higgins today to set up a free consultation about your case. We have fought thousands of cases involving drug crimes and we have over 30 years of experience defending drug charges. We are experienced, aggressive and passionate about all of our cases and we will make sure that you receive the best defense possible. Call us at 1-800-FIGHT-IT (1-800-344-4848).