What Turns Florida Drug Possession Into Trafficking?

Drug trafficking is considered one of the most serious offenses in Florida law, given the amounts of money involved and the degree of harm it can do to society in general. However, for every hardened cartel member charged with trafficking, an average Floridian faces similar charges after an unpleasant surprise. It is important to understand when drug possession becomes trafficking, and act accordingly.

Weight Is The Key

The criteria for drug possession in Florida are very simple: if one possesses a controlled substance they are not legally entitled to possess, they are guilty of the offense of possession, sometimes called ‘simple’ possession. However, there is one other factor that the law takes into account, and that is the weight of the substance (or mixture of substances) involved.

The weight of the controlled substance at issue makes the difference between drug possession and drug trafficking. While the exact amount that triggers the change in charges differs from substance to substance, the fact is that if a person is found in control of a certain amount, they will be charged with trafficking rather than possession, which carries significantly longer sentences.

No Intent Required

What this all means is that if a person has enough of a controlled substance to cross that threshold, they can be charged with drug trafficking even if no intent to sell existed. The reasoning, rightly or wrongly, is that most people do not have large amounts of controlled substances solely for personal use, but there are situations in which someone might possess an unusually large amount that have nothing to do with crime.

Because Florida makes it a priority to prosecute drug offenses, the penalties for these crimes are serious. Drug trafficking may be tried as anything from a third-degree felony to a life felony, depending on the amounts of the controlled substances involved, and additional consequences like having a permanent criminal record will also apply. If you have been charged with this type of offense, it is crucial to act fast and ensure your rights are protected.

Contact A West Palm Beach Drug Offenses Attorney

Florida has some of the toughest drug laws in the United States, and if you are charged with a drug-related offense, it is important to understand the nature of that crime. A West Palm Beach drug offenses attorney from the firm of Perlet & Shiner, P.A. can help answer any questions you may have about the legal process. 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&Search_String=&URL=0800-0899/0893/Sections/0893.13.html