Possession of Drugs and Possession with the Intent to Sell

Under § 499.03(1), Fla. Stat. (2022), you can be charged with possession of drugs or possession with the intent to sell drugs that are new to the market, addictive, toxic, or harmful unless you meet one of the following exceptions:

• Have a valid prescription
• Are employed by a company that deals with the type of drug as a routine and legal business practice
• Medical professionals who control drugs as a regular part of their work

A violation of this section for possession of drugs is a second-degree misdemeanor.

If you are charged with possessing drugs under this statute with the intent to sell, deliver, or manufacture, you can face severe penalties based on the drug’s schedule. Under § 817.563, Fla. Stat. (2022), if you possess drugs with the intent to sell, you can face the following charges based on the schedules found in § 893.03, Fla. Stat. (2022):

• Schedules 1, 2, 3, or 4 – Third-degree felony
• Schedule 5 – Second-degree misdemeanor

Manufacturing, Sales, Possession with Intent to Sell, or Drug Delivery

Under § 893.13(1)(a), Fla. Stat. 2022, it is unlawful to manufacture, sell, possess with the intent to sell, or deliver controlled substances. If you are charged under this section, the type of drug will control the level of charge. YOu can face either a second or third-degree felony. For example, if you possess marijuana with the intent to sell or deliver it, you can be charged with a third-degree felony. If you instead possess cocaine with the intent to sell or deliver it, you could be charged with a second-degree felony.

You might be charged with possession with intent to sell even if no sales occurred. The prosecutors can use the following types of evidence to try to prove your intent to sell:

• Having large amounts of money where the drugs were found
• Drug paraphernalia such as scales, baggies, testing kits, mixers, and rolling papers
• Having firearms in the area where the drugs were found
• Admissions by you or others
• Having more than the threshold amount of the drugs

Possession and Intent to Sell or Manufacture Counterfeit Drugs

You can be charged with drug crimes in Florida even if the substances you possessed were counterfeit drugs. Under § 831.31(1), Fla. Stat. (2022), it is illegal to possess with the intent to sell, manufacture, or deliver counterfeit drugs. If you are charged with one of these offenses involving a counterfeit drug in schedules 1 to 4, you can be charged with a third-degree felony. If the substance you possessed was a counterfeit schedule 5 drug, you can be charged with a second-degree misdemeanor.

A counterfeit or imitation controlled drug is defined in § 817.564(1), Fla. Stat. (2022) as a capsule, pill, tablet, or another substance that isn’t a controlled substance but appears to be a scheduled drug with a high potential for abuse. This offense is a third-degree felony.

Drug Trafficking and Conspiracy in Florida

Drug trafficking and conspiracy charges can be filed in Florida state courts. These offenses involve manufacturing, cultivating, distributing, and selling drugs. Drug trafficking offenses come with minimum sentences ranging from three to 25 years in prison and fines from $25,000 to $500,000. The specific sentence you might face will depend on the type and amount of the drug at issue as follows:

Cannabis

• 25 – 1,999 pounds/300 to 1,999 plants – Three years and a fine of $25,000
• 2,000 -9,999 pounds/2,000 – 9,999 plants – Seven years and a fine of $50,000
• 10,000+ pounds/plants – 15 years and a fine of $200,000

Cocaine

• 28-199 grams – Three years and a fine of $50,000
• 200 – 399 grams – Seven years and a fine of $100,000
• 400 grams – 150 kilograms – 15 years and a fine of $250,000

Conspiracy to traffic drugs for a gang or criminal organization comes with more severe penalties.

Simple Possession Charges

Simple possession of certain drugs can still result in felony charges in Florida. For example, cocaine or heroin possession can result in third-degree felony charges carrying five years in prison and stiff fines. You can be charged with drug possession if you are found to possess drugs on your person, which is actual possession. You can also be charged with drug possession if you constructively possessed a drug by having a drug discovered in a location that you own or that was within your proximity.

Cocaine possession is a third-degree felony carrying a potential sentence of five years in prison, a $5,000 fine, probation, and a suspension of your driving privileges for two years.

Possession with intent to sell methamphetamine is a second-degree felony carrying up to 15 years in prison, a $10,000 fine, and up to 15 years on probation.

Penalties for Florida Drug Crimes

Under § 499.03, Fla. Stat. (2022), you can face a second-degree misdemeanor charge if you possess any drugs that are potentially addictive, new to the market, toxic, or harmful. This carries up to 60 days in jail and a fine of $500.

If you possess a counterfeit drug or a controlled drug with the intent to sell, your penalties will depend on the drug’s schedule. For schedules 1, 2, 3, or 4, you will face a third-degree felony carrying up to five years in prison and a $5,000 fine. If the drug or counterfeit substance is a schedule 5 drug, you will be charged with a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine.

FEDERAL DRUG CHARGES

Federal drug charges are more severe than state charges. The federal government also has a drug scheduling system as follows:

• Schedule 1 – Drugs without an accepted medical use with a high potential of abuse (LSD, ecstasy, heroin, marijuana)
• Schedule 2 – Drugs with a high potential of abuse but considered not as serious as the drugs found in Schedule 1 (Methamphetamine, cocaine, fentanyl, oxycodone)
• Schedule 3 – Drugs with medical use but also have a risk of addiction (steroids, ketamine, codeine)
• Schedule 4 – Drugs with a low risk of abuse (tramadol, Ambien, Valium, Xanax)
• Schedule 5 – Drugs with the lowest risk of abuse

When You Might Face Federal Drug Charges

You can be charged with federal drug charges if you cross state lines with controlled substances. If you are found to have crossed state lines with controlled drugs, you could face drug trafficking charges in federal court. Your penalties will depend on the type and amount of drugs. The most serious drug trafficking charge can carry from five to 40 years in prison and a $2 million fine. If someone dies or is injured as a result of drug trafficking, the federal penalty is up to life in prison.

You can also face federal drug charges if you possess drugs on national lands, including national parks, wildlife refuges, or land in the public domain.

When a federal agency investigates a drug crime, the offense will be charged federally. The Drug Enforcement Administration (DEA) is the agency that enforces federal drug laws and primarily focuses on those who manufacture, cultivate, or distribute drugs.

Mandatory Minimums

Many federal drug crimes carry mandatory minimum sentences, which means that you must be sentenced to serve at least the minimum sentence if you are convicted. A judge can only depart below the mandatory minimum sentence if they are specifically requested by the prosecutor to do so. Many of the offenses carry mandatory minimums of five or 10 years. However, if you have a prior drug conviction, or the offense resulted in death or injury, the mandatory minimum will be 20 years.

Get Help From an Experienced Port Saint Lucie Criminal Defense Lawyer

If you are facing state or federal drug crime charges in Florida, you should retain an experienced Port Saint Lucie drug defense lawyer at the law firm of Jeffrey H. Garland, P.A. Attorney Jeffrey Garland, Esq. has more than four decades of experience defending people against serious crimes, including both state and federal drug crimes. Call us today to request a consultation at (772) 489-2200.