Drug charges in Florida range from minor possession of marijuana to large-scale trafficking operations. But what exactly do these terms mean?
Both offenses carry serious penalties, but the legal definitions and elements that distinguish them can be complex.
This guide explores the key distinctions of drug trafficking vs. possession, legal definitions, penalties, and factors considered when determining which charge applies.
If you or someone close to you has been charged with drug possession or trafficking in Florida, the Moses & Rooth team has you covered.
Drug Possession Meaning Under Florida Law
If law enforcement charges you with drug possession, meaning you possessed illegal substances for personal use without a valid prescription, you can face either a misdemeanor or a felony. The law splits possession into two categories: actual and constructive.
- Actual possession. This is when law enforcement finds drugs directly on your person. The drugs are on your person if they are in very close proximity to you, such as in your hand, pocket, purse, or bag.
- Constructive possession. When you don’t have the drugs on your person, but you still know of their presence and control them, you are said to constructively possess them. An example would be if police find drugs in your car or home, and they can show that you knew of their presence and had control over the substances.
Constructive possession is easier for the police to prove if the drugs are found in a private space or residence. Mere proximity to the drugs is not enough. Law enforcement must prove that you knew the drugs were there, knew of their illegal nature, and had control over them.
Therefore, if drugs are found on your kitchen table, it is easier to prove you knew of their presence and had control over the substances. If drugs are found on a table at a nightclub where 10 people are sitting, it would be far harder to prove they were yours just because you were sitting close to them.
Penalties for Drug Possession
Penalties for drug possession vary depending on the type and amount of drug. Small amounts of recreational marijuana, for example, may result in misdemeanor charges. Possession of larger quantities or more dangerous substances like cocaine or heroin can lead to felony charges.
Possession of a controlled substance can lead to:
- Misdemeanor charges. You could be charged with a misdemeanor for small amounts of less serious drugs. The possible penalties include up to one year in jail, probation with multiple conditions such as attending drug classes and community service, and fines.
- Felony charges. Felony charges apply if police find larger quantities or more serious drugs. Possible penalties include up to five years in prison, probation with multiple conditions, higher fines, and long-term consequences like a criminal record.
The long-term effects can extend beyond the courtroom. A criminal record for possession can make it challenging to find employment, secure housing, or obtain loans.
In some cases, Florida offers diversion programs for first-time offenders, allowing them to avoid a conviction altogether.
Drug Trafficking Meaning in Florida
Drug trafficking is a serious charge described under Florida Statutes § 893.135. If police charge you with drug trafficking—you can face steep penalties.
Often, law enforcement bases drug trafficking charges on the amount of drugs found rather than whether there is clear evidence of selling activity. For example, possessing 28 grams or more of cocaine, even without evidence of intent to sell, will lead to trafficking charges based solely on the amount.
Penalties for Drug Trafficking
Trafficking penalties are severe and often come with substantial prison sentences. Depending on the drug, the amount, and other factors, penalties can include:
- Incarceration for 3 to 25 years in state prison, and
- Fines ranging from $25,000 to $500,000.
Convictions for trafficking often come with mandatory minimum sentences. This means that a judge has no discretion to go below the mandatory minimum, and even first-time offenders often face years in prison if convicted.
The hefty fines, potential asset forfeiture, and a permanent criminal record can severely limit your future opportunities. Unlike possession cases, trafficking convictions often lack diversion options, and penalties are much harsher.
Drug Trafficking vs. Possession
The critical factor in determining whether an individual faces possession or trafficking charges often comes down to the amount of drugs and any supporting evidence law enforcement uncovers. However, other elements, like drug paraphernalia and intent, can play a critical role in escalating charges.
Amount of Drugs
Florida law sets strict thresholds for drug quantities that can automatically elevate a possession charge to trafficking. For example, possessing 28 grams of cocaine or more or holding 25 pounds or more of marijuana will both trigger a trafficking charge, regardless of intent to sell.
Presence of Drug Paraphernalia
Items such as scales, baggies, or large amounts of cash often signal the intent to distribute drugs. Possession of this type of drug paraphernalia tends to indicate an intent to sell and can push a simple possession charge into trafficking territory.
While the mere presence of these items doesn’t guarantee trafficking charges, they provide law enforcement with solid evidence that you weren’t just holding the drugs for personal use.
Intent to Distribute
Beyond the amount of drugs and paraphernalia, law enforcement looks for concrete evidence of intent to distribute. This could include text messages discussing drug deals, unexplained large sums of money, or surveillance footage showing possible transactions.
This type of evidence is not necessary for a trafficking charge, but it certainly strengthens the prosecution’s case.
What to Do If You’re Charged?
The initial step is to secure legal representation from a qualified Orlando drug crimes attorney if you or a loved one are facing drug charges in Florida. An experienced criminal defense lawyer can help you understand your rights, build a strong defense, and potentially negotiate a favorable plea bargain.
At Moses & Rooth, our experienced team has a 20+ year track record of successfully defending clients against drug possession and trafficking charges throughout Florida.
From reduced charges to acquittals, we’ve secured favorable outcomes for hundreds of clients. Let our commitment to aggressive and effective legal representation fight for your rights. Contact us today to schedule a consultation and protect your rights.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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