Posts Tagged ‘cannabis’

Drug Trafficking – Minimum Mandatory Sentences

Drug Trafficking cases in Florida come with very serious minimum mandatory penalties.  A minimum mandatory sentence means that, if convicted, the Judge may sentence the defendant to no less than the minimum mandatory sentence.  This is true even if the sentencing guidelines are far below the minimum mandatory sentence.

Whenever I am retained by a new client who has been charged with drug trafficking, many are shocked to hear the enormous potential penalties that they are facing.  Many people associate drug trafficking with scenes from the movie Scarface or from the old Miami Vice TV show.  In Florida, whether or not you face a drug trafficking charge comes down to one very important factor… weight.  (although Cannabis uses the total number of plants as an alternative)  It doesn’t matter if you drive a Ferrari or live in a Penthouse on Biscayne Bay in Miami.  You don’t have to have a secret rendezvous where drugs are exchanged for suitcases full of cash.  If you merely possessed a listed amount of a drug outlined in Florida Statute §893.135 then you may be charged with trafficking and face serious minimum mandatory sentences.  It is that simple.

To outline some (but not all) specific drugs and their minimum mandatory amounts, see below:

  1. Cannabis (Marijuana)
    • 25+ pounds but less than 2,000 pounds (or 300 or more plants) = 3 year minimum mandatory sentence.
    • 2,000+ pounds but less than 10,000 pounds (or 2,000 or more plants) = 7 year minimum mandatory sentence.
    • 10,000+ pounds = 15 year minimum mandatory sentence.
  2. Cocaine
    • 28 grams to 200 grams = 3 year minimum mandatory sentence.
    • 200 grams to 400 grams = 7 year minimum mandatory sentence.
    • 400 grams to 150 kilograms = 15 year minimum mandatory sentence.
    • 150+ kilograms = life sentence.
  3. Oxycodone, Hydrocodine, Morphine, Opium and Hydromorphone
    • 4 grams to 14 grams = 3 year minimum mandatory sentence.
    • 14 grams to 28 grams = 15 year minimum mandatory sentence.
    • 28 grams to 30 kilograms = 25 year minimum mandatory sentence.
    • 30+ kilograms = life sentence.
  4. Phencyclidine (PCP or Angel Dust)
    • 28 grams to 200 grams = 3 year minimum mandatory sentence.
    • 200 grams to 400 grams = 7 year minimum mandatory sentence.
    • 400+ grams = 15 year minimum mandatory sentence.
  5. Methaqualone (Quaalude)
    • 200 grams to 5 kilograms = 3 year minimum mandatory sentence.
    • 5 kilograms to 25 kilograms = 7 year minimum mandatory sentence.
    • 25+ kilograms = 15 year minimum mandatory sentence.
  6. Amphetamine and Methamphetamine (Crystal Meth)
    • 14 grams to 28 grams = 3 year minimum mandatory sentence.
    • 28 grams to 200 grams = 7 year minimum mandatory sentence.
    • 200+ grams = 15 year minimum mandatory sentence.
  7. Flunitrazepam (Date Rape Drug)
    • 4 grams to 14 grams = 3 year minimum mandatory sentence.
    • 14 grams to 28 grams = 7 year minimum mandatory sentence.
    • 28 grams to 30 kilograms = 25 year minimum mandatory sentence.
    • 30+ kilograms = life sentence.
  8. GHB (gamma-hydroxybutyric acid), GBL (gamma-butyrolactone) and 1,4-Butanediol
    • 1 kilogram to 5 kilograms = 3 year minimum mandatory sentence.
    • 5 kilograms to 10 kilograms = 7 year minimum mandatory sentence.
    • 10+ kilograms = 15 year minimum mandatory sentence.
  9. LSD (lysergic acid diethylamide)
    • 1 grams to 5 grams = 3 year minimum mandatory sentence.
    • 5 grams to 7 grams = 7 year minimum mandatory sentence.
    • 7+ grams = 15 year minimum mandatory sentence.

See  Florida Statute §893.135

If you have been arrested for Trafficking in Drugs then please contact our office as soon as possible to set up a free consultation.  There are many possible defenses to these cases.

 

 

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