Anyone Can Face Drug Trafficking Charges

Florida law treats drug-related offenses very seriously, even harshly. Even simple possession is seen as an offense against society, rather than solely against the drug user. As a result, laws governing these crimes are enforced rigorously, to the point where charges can almost come as a surprise to some. This is particularly evident when discussing drug trafficking, which is the deliberate “selling, purchasing, [ … ] possessing or transporting” of a “trafficking amount” of drugs.

Two Factors Create A Trafficking Charge

When the average person thinks of drug trafficking – especially a Floridian – they may think of the “Cocaine Cowboys” of the 1970s and ‘80s, or of the cartels active in the 1980s and ‘90s. Because of that history, Florida’s drug laws are written to give no quarter whatsoever to those who are suspected of trafficking. However, the state’s laws on drug trafficking are tailored only toward stopping those found with certain amounts of drugs in their possession or control, with no consideration given to external factors.

There are two factors which can distinguish a trafficking case from one of simple possession. The first is the nature of the substance involved (or of the mixture of substances); the second is the weight of the substance or mixture in question. In some cases, the only reason for a person to be charged with trafficking instead of possession is the amount in question. Whether any intent to sell, manufacture, distribute or otherwise disseminate drugs is present is irrelevant under Florida law.

Intent Is Irrelevant

What this all means is that an average, mostly law-abiding individual may face charges because of an accident or a misapprehension. For example, if a person is stopped with more than 10 grams of MDMA (‘molly’) – which may be anywhere from 6 to 12 pills – they may be intending for such an amount to serve as their personal stash. However, Florida law states that anyone possessing more than 10 grams of MDMA is guilty of trafficking in MDMA – and trafficking carries harsher penalties and longer sentences than simple possession of these substances would.

It is important to keep in mind that in general, one’s position will not protect you from being charged if you are found to have possession of the amounts required for a trafficking charge. Florida courts have tried doctors, veterinarians, and even young teenagers for drug trafficking, with varying outcomes. If you have been charged with an offense of this nature, it is crucial to enlist an attorney as soon as possible.

Call A West Palm Beach Drug Trafficking Attorney

Drug trafficking is a serious offense and charges should be taken seriously – but you do not have to go through the legal process alone. A West Palm Beach drug trafficking attorney from Perlet & Shiner, P.A. can ensure your rights are protected. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

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