Florida's Minimum Mandatory Sentences for Drug Trafficking

Florida is known for its stringent drug trafficking laws, which include severe minimum mandatory sentences. Below I summarize these laws and the mandatory sentences associated with drug trafficking offenses.

What Constitutes Drug Trafficking in Florida?

Under Florida law, drug trafficking is defined not merely by the sale or distribution of controlled substances but also by the possession of a certain quantity of these substances. The threshold amounts that constitute trafficking can vary depending on the type of drug. For instance, possession of as little as 28 grams of cocaine can result in a trafficking charge, while for marijuana, the threshold is 25 pounds or 300 plants.

Minimum Mandatory Sentences

Florida statutes prescribe minimum mandatory sentences for drug trafficking offenses. These sentences are non-negotiable, meaning that if convicted, the judge must impose at least the minimum sentence required by law. Below, we outline the minimum mandatory sentences for some common controlled substances.

Cocaine

1. 28 to 200 grams: A minimum mandatory sentence of 3 years in prison and a fine of $50,000.

2. 200 to 400 grams: A minimum mandatory sentence of 7 years in prison and a fine of $100,000.

3. 400 grams to 150 kilograms: A minimum mandatory sentence of 15 years in prison and a fine of $250,000.

Marijuana

1. 25 to 2,000 pounds (or 300-2,000 plants): A minimum mandatory sentence of 3 years in prison and a fine of $25,000.

2. 2,000 to 10,000 pounds (or 2,000-10,000 plants): A minimum mandatory sentence of 7 years in prison and a fine of $50,000.

3. 10,000 pounds or more (or more than 10,000 plants): A minimum mandatory sentence of 15 years in prison and a fine of $200,000.

Oxycodone

1. 7 to 14 grams: A minimum mandatory sentence of 3 years in prison and a fine of $50,000.

2. 14 to 28 grams: A minimum mandatory sentence of 15 years in prison and a fine of $100,000.

3. 28 grams or more: A minimum mandatory sentence of 25 years in prison and a fine of $500,000.

Heroin

1. 4 to 14 grams: A minimum mandatory sentence of 3 years in prison and a fine of $50,000.

2. 14 to 28 grams: A minimum mandatory sentence of 15 years in prison and a fine of $100,000.

3. 28 grams or more: A minimum mandatory sentence of 25 years in prison and a fine of $500,000.

The Implications of Minimum Mandatory Sentences

The minimum mandatory sentences for drug trafficking offenses in Florida are harsh and leave little room for judicial discretion. These laws aim to deter drug trafficking by imposing severe penalties. However, they also mean that individuals convicted of these offenses face long prison terms without the possibility of early release for good behavior.

Defenses Against Drug Trafficking Charges

While the penalties are severe, several defenses may be available, including:

1. Lack of Knowledge: Demonstrating that the accused did not know about the presence of the drugs.

2. Illegal Search and Seizure:Challenging the legality of how the evidence was obtained.

3. Entrapment: Proving that law enforcement induced the accused to commit a crime they otherwise would not have committed.

The listed defenses are only a few examples; but every case is different and CD Law Pro will uniquely tailor your defenses and fight tirelessly for your freedom.

Conclusion

Florida's minimum mandatory sentences for drug trafficking underscore the state's commitment to combating drug-related crimes. However, the rigid nature of these sentences means that anyone accused of drug trafficking needs to understand the severity of the charges and seek competent legal representation. By understanding the laws and potential defenses, individuals can better prepare for their legal battles and strive for the best possible outcomes in their cases. If you or a loved one is facing drug trafficking charges in Florida, call CD Law Pro to consult with an experienced trial attorney and start strategizing your defense.

As a disclaimer, this blog post is not to be construed as giving legal advice; for legal advice on how to defend your case please call our office to consult with an attorney

561-370-7406

Chloe@CDLawPro.com