Your Drug Trafficking Defense Lawyer in Orlando
Florida’s drug trafficking laws are serious. Many people think that drug trafficking only involves drug cartels and moving a massive amount of drugs across borders. However, defendants do not have to sell drugs to face drug trafficking charges under Florida law.
Florida Statute 893.135 makes drug trafficking illegal. According to the statute, any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of controlled substances is guilty of drug trafficking.
If you are facing charges for drug trafficking, you need an Orlando drug trafficking lawyer who will fight for your rights. The Orlando drug trafficking lawyers at Moses & Rooth have over 3 decades of experience defending the rights of individuals in Central Florida. Contact us today.
Minimum Amount of Drugs Needed for Drug Trafficking
Under Florida law, drug trafficking charges depend on the amount of controlled substances involved. The minimum amount of controlled substances needed for a Florida drug trafficking charge includes the following:
- Oxycodone: 7 grams
- Cocaine: 28 grams
- Cannabis or marijuana: 25 pounds or 300 plants
- Hydrocodone: 14 grams
- MDMA (Ecstasy): 10 grams
- LSD (acid): 1 gram
- Methamphetamine: 14 grams
- Heroin: 4 grams
The amounts listed above are only the minimum amounts of drugs that are needed for a prosecutor to bring Florida drug trafficking charges. When defendants are found in possession of these minimum amounts of controlled substances, courts must impose the minimum mandatory penalties which include mandatory prison and high fines. However, as the amount of the drug increases, the minimum mandatory penalty will increase. Every schedule of controlled substances comes with its own categories of penalties based on the amount of drugs.
Trafficking Cocaine
Florida statute 893.135(1)(b) defines the crime of cocaine trafficking as anyone who:
- Knowingly possessed, sells, purchased, manufactured, delivered, or brought into Florida
- The Substance was cocaine
- The Cocaine or mixture containing cocaine weight is 28 grams or more.
To prove the element of knowingly possessed, the government must prove that the defendant knew of the existence of the substance and intentionally had control of the substance. The crime of cocaine trafficking can be found in Florida statute 893.135 which covers cocaine trafficking, mandatory sentences, suspension or reduction of sentences, and conspiracy to engage in trafficking. The Florida Statutes also classifies cocaine as a Schedule II drug.
The Penalties For Cocaine Trafficking In Florida
The penalties for cocaine trafficking in Florida depend on the amount of cocaine the defendant is accused of possessing. Potential penalties for cocaine drug trafficking include mandatory prison time and significant fines. Florida has created minimum mandatory sentencing for cocaine trafficking convictions, to include the following:
| Cocaine Amount | Potential Prison Time | Fines |
| 28 – 200 grams | 3 Years Minimum | $50,000 |
| 200 – 400 grams | 7 Years Minimum | $100,000 |
| 400 grams – 150 kilos | 15 Years Minimum | $250,000 |
| 150+ kilos | Life | – |
Trafficking Oxycodone (Oxycontin)
Per Florida Statute 893.135(1)(c)(3) anyone who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 or more grams of Oxycodone, will face Oxycodone (Oxycontin) trafficking charges. Oxycodone is a Schedule II controlled substance under federal and state laws.
It is also illegal to knowingly possess mixtures including Oxycodone, or in conjunction with other chemicals and equipment utilized in the manufacture of Oxycodone.
Overview
Common sense suggests that prescription drug trafficking criminal charges would involve large amounts of pills, drug transportation and the actual sale of drugs. Individuals accused of trafficking Oxycodone and other prescription drugs, often simply have a relatively small quantity of pills and will still be criminally charges with trafficking in Oxycodone. Why?
Florida law determines that you are trafficking prescription drugs by the weight of the pills. This can lead to surprising and frightening trafficking charges since just a handful of pills — sometimes as little as nine pills — can lead to trafficking charges. Trafficking charges can be charged even if:
- All pills in possession were meant for consumption by the pills’ owner
- The weight of the pills is primarily comprised of inert/inactive ingredients
What Is Oxycodone (Oxycontin)?
Oxycodone is a semi-synthetic opioid drug that is typically prescribed for severe pain. The common prescriptions for Oxycodone are Tylox®, Percodan® and OxyContin®. Oxycodone is usually taken in the pill form but can also be ingested by inhaling the vapors by heating the tablet or snorting the crushed pill.
The Penalties For Oxycodone Trafficking In Florida
The penalties for Oxycodone trafficking in Florida depend on the amount of Oxycodone involved. It is important for law enforcement officers to accurately measure the amount of Oxycodone (Oxycontin) in question. While the arresting officer will measure the weight at the scene, an official measurement from the Florida Department of Law Enforcement Forensic laboratory will also be completed for evidentiary purposes at a hearing or trial. The minimum mandatory penalties for Trafficking in Oxycodone (Oxycontin) are as follows:
| Oxycodone Amount | Potential Prison Time | Fines |
| 7 – 14 grams | 3 Years Minimum | $50,000 |
| 14 – 25 grams | 7 Years Minimum | $100,000 |
| 25 – 100 grams | 15 Years Minimum | $500,000 |
| 100+ grams | 25 Years Minimum | $750,000 |
Trafficking Methamphetamine
Per Florida Statute 893.135(1)(f)(1), anyone who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 or more grams of amphetamine, or methamphetamine, or of any mixture containing amphetamine or methamphetamine, will face methamphetamine trafficking charges. Methamphetamine is a Schedule II controlled substance under federal and state laws.
It is also illegal to knowingly traffic mixtures including amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine.
Overview
Florida is home to hundreds of labs where methamphetamine is unlawfully cooked and distributed to the users. Florida prosecutors and law enforcement have clamped down on prosecuting drug crimes cases in Florida. Unfortunately, their zeal to prosecute can result in innocent people being charged. Understanding the potential consequences of a Meth trafficking criminal charge and the potential legal defenses to the charges will be crucial to obtaining a favorable resolution.
What Is Methamphetamine?
Meth is considered a Stimulant that speeds up the body’s system and increases the heart rate. Meth is often in either a pill or powder form, however the crystal meth which is cooked in the illegal labs look like glass fragments that are then either smoked, snorted or injected.
The Penalties For Methamphetamine Trafficking In Florida
The penalties for meth trafficking in Florida depend on the amount of methamphetamine involved. It is important for law enforcement officers to accurately measure the amount of methamphetamine in question. While the arresting officer will measure the weight at the scene, an official measurement from the Florida Department of Law Enforcement Forensic laboratory will also be completed for evidentiary purposes at a hearing or trial. The minimum mandatory penalties for Trafficking in Methamphetamine are as follows:
| Methamphetamine Amount | Posible Prison Time | Fines |
| 14 – 28 grams | 3 Years Minimum | $50,000 |
| 28 – 200 grams | 7 Years Minimum | $100,000 |
| 200+ grams | 15 Years Minimum | $250,000 |
Driver’s License Suspension and Profession License Suspension
A conviction to the criminal charge of Trafficking in a controlled substance will also result in some collateral consequences that need to be fully understood. In Florida, if you are convicted of a drug trafficking charges, you are subject to a revocation of your Driver’s license for 6 months (Florida Statute 322.055).
Additionally, a conviction for trafficking in controlled substances is grounds for disciplinary action by the licensing state agency. A state agency shall initiate an immediate emergency suspension of an individual professional license upon conviction for trafficking in a controlled substance.
Defenses to Orlando Drug Trafficking Charges
If the defendant is a young offender, under the age of 21, he or she might qualify for youthful offender sentencing. A person can only take advantage of the youthful offender sentencing once in his or her life. Defendants who qualify can ask the judge to disregard the minimum mandatory sentence for drug trafficking. The judge will have complete discretion when it comes to youthful offender sentencing.
As with other drug charges, the prosecutor must prove that the defendant was in actual or constructive possession of the drug in question. Law enforcement must abide by the constitution when they are collecting evidence in drug offense charges. Law enforcement cannot engage in unlawful search and seizures of evidence. They need to have reasonable suspicion before pulling over a driver, and they must have probable cause to search a suspect’s house for drugs. When law enforcement does not abide by these laws, the court could throw the evidence out.
Some of the potential defenses include:
- Mere proximity to the controlled substance does not establish possession
- Temporary possession
- Knowledge is required. In actual possession the knowledge is presumed, however in constructive cases the knowledge of the controlled substance is not presumed.
- Law enforcement entrapped you into committing the crime – Entrapment
- Fourth amendment violation due to unlawful search and seizure – this could be an unlawful search of your vehicle or an unlawful search of your pockets.
- Prescription Defense
- There is not enough evidence to prove the charges
Meet Your Orlando Drug Trafficking Defense Lawyers
Andrew Moses
Andrew Moses is a seasoned drug trafficking defense attorney in Orlando with extensive experience in handling drug trafficking cases in Orlando, FL. He began his legal career as an intern with the State Attorney’s Office in Alachua County, gaining invaluable insight into the prosecution process. Following his graduation from the University of Florida College of Law, he served as an Assistant State Attorney in Orange and Osceola Counties. During his tenure as a prosecutor, Andrew managed a wide range of cases, including serious felonies such as drug trafficking. This background provides him with a comprehensive understanding of the criminal justice system, enabling him to effectively defend clients against drug trafficking charges. Andrew’s commitment to criminal law throughout his career has equipped him with the skills and knowledge necessary to provide robust defense strategies.
Jay R. Rooth
Jay R. Rooth is a highly regarded drug trafficking defense lawyer in Orlando specializing in drug trafficking defense in Orlando, FL. A graduate of Barry University School of Law, Jay has been recognized for his excellence in the legal field, earning distinctions such as the Super Lawyers “Rising Star” and the AVVO Clients Choice award. His comprehensive education, including a Master’s in Business Administration from Stetson University, complements his legal expertise. Jay’s active involvement in professional associations, such as the National Association of Criminal Defense Attorneys and the Florida Bar Association, reflects his dedication to staying at the forefront of criminal defense. With a perfect peer review rating and numerous accolades, Jay is well-equipped to defend clients facing drug trafficking charges, leveraging his profound legal knowledge and community reputation to achieve favorable outcomes.
Why You Need an Orlando Drug Trafficking Lawyer
Many individuals are surprised to learn that they are facing drug trafficking charges when they are not “drug dealers.” Every year, stay-at-home mothers, tourists, students, and other responsible people face drug trafficking charges. It is essential to hire a lawyer as soon as possible so that you have as much time as possible to prepare your legal defense.
Contact the Orlando Drug Trafficking Lawyers at Moses & Rooth
At Moses & Rooth Attorneys at Law, we fight hard for our clients who are facing drug trafficking charges. We offer aggressive representation for our clients, and we negotiate effectively on behalf of our clients. We will find all of the discrepancies and holes in the prosecution and develop a strategic legal defense. Contact our Orlando drug transportation attorney as soon as possible to schedule your initial consultation.
Trafficking Resources:
Florida Statute 893.03 – Drug Schedules
Florida Statute 893.12(6)(a) – Possession of Controlled Substance Statute
Florida Statute 322.055 – Driver’s license suspension for drug conviction
Florida Statute 893.21 – Overdose possession
Florida Statute 777.201 – Entrapment Statute
Florida Statute 893.11 – Profession License Suspension Statute