Drug charges in Florida can escalate far quicker than many people realize. Even a small increase in the amount of a controlled substance can transform a relatively low-level charge into a serious felony carrying mandatory prison time.
If you are facing any sort of drug charge, you should be taking steps to seek representation from a leading criminal defense attorney in Clearwater to fully understand how Florida courts handle drug cases.
Florida drug laws are among the strictest in the country. Charges are based not only on the type of substance involved, but also on the quantity, and the accused’s level of control over it. Per this standard, in many cases, prosecutors do not need to prove sales activity, specifically when trafficking thresholds are met. This approach actually allows serious charges to arise from circumstances that may not have even involved any intent to distribute.
Drug possession occurs when a person knowingly has a controlled substance either on their body or within their control. There are two kinds of possession: actual and constructive. Actual possession means the substance is found directly on the individual, such as in a pocket or bag. Constructive possession applies when drugs are nearby, and the person has the ability and intent to control them, such as items found in a vehicle or place of residence.
Possession charges are often filed as a third-degree felony or first-degree misdemeanor, depending on the type of substance and total amount.
As a Clearwater criminal defense lawyers in Clearwater, we frequently hear the misconception that trafficking only applies to large-scale drug dealers. In Florida, that assumption is incorrect. Trafficking charges can be filed purely based on the weight of the drugs allegedly possessed, regardless of whether there is any evidence of distribution.
For example, possession of 28 grams or more of cocaine, 25 pounds or more of marijuana, or 14 grams or more of certain opioids such as oxycodone can automatically trigger trafficking charges. Drug trafficking is classified as a first-degree felony and carries mandatory minimum prison sentences along with substantial fines, and Florida judges have very limited discretion once a trafficking conviction is entered.
The most important distinction between a possession case and a trafficking one is the quantity of substance found. Possession cases typically involve smaller amounts associated with personal use, while trafficking is almost automatically triggered by statutory weight thresholds. Intent also differs, as trafficking laws presume involvement in distribution based on volume alone. Penalties are far more severe for trafficking, often requiring mandatory prison time regardless of criminal history.
Trafficking cases require proof that the accused knowingly possessed the drugs in the qualifying amount, but they can be challenged through evidence suppression, lack of knowledge, or improper weighing procedures. Unlike drug possession charges, which can lead to pretrial intervention or probation, drug trafficking charges carry mandatory minimum state prison sentences.
Whether you or a loved one is being charged with possession or trafficking, the stakes are high in Florida. Take the right step and consult with a top criminal defense attorney in Clearwater with The Law Office of Timothy Sullivan.
To schedule a complimentary case consultation with a leading criminal defense lawyer in Clearwater, call our office at (727) 291-9717.
