An Orlando drug crime attorney can tell you that the drug statutes in Florida are some of the strictest in the nation. In fact, penalties for Florida drug crimes are so tough that, on July 27, 2011, a federal judge in Orlando declared the state’s controlled-substances laws unconstitutional. Most likely the state will appeal the decision, affecting many convictions and pending cases. But until that situation clears up, those accused of Florida drug crimes need to know the laws as they stand, and a certified drug crime attorney can help.

Generally speaking, there are three categories of drug crimes in Florida: possession, dealing, and trafficking.

In Florida, it is illegal to possess cocaine, heroin, marijuana, and Xanax. Each has different fines and penalties associated with it. For cocaine, heroin, and marijuana, possession of any amount for any reason is illegal. If you have a prescription for Xanax, you may possess it, but if not, the laws are just as strict as they are for cocaine or heroin:

• A Third Degree Felony.
• Five years probation or prison time, or a $5,000 fine.
• License suspension of two years if you are convicted.

Marijuana is considered a lighter Florida drug crime, and the penalties reflect this. If you are arrested with 20 grams or less, you will only be charged with a First Degree Misdemeanor. Misdemeanor penalties could include a year of probation or jail time, or a fine of up to $1,000.

More than 20 grams, however, will net you the same charge and penalties as possessing other types of drugs, including a two-year license suspension.

Being accused of dealing drugs in Orlando and central Florida is a serious crime. Depending on the amount of the drugs in possession, dealing is considered a first-degree felony and carries a penalty of up to 30 years in prison. And if the amount of drugs in your possession is over a certain “threshold,” it’s possible for a charge of dealing to turn into a trafficking charge.

Trafficking law is designed to deal with large-scale criminal organizations, and the statute reflects that by providing severe punishment. Anyone knowingly selling, buying, manufacturing, delivering, or bringing controlled substances into the state could be accused of trafficking, which in some cases could mean life in prison.

The trafficking thresholds for specific drugs in Florida are as follows:

• Cannabis: 25 pounds or 300 plants
• Cocaine: 28 grams
• GHB: 1 kilogram
• Hydrocodone: 4 grams
• LSD: 1 gram
• MDMA (Ecstasy): 10 grams
• Oxycodone: 4 grams

Remember, these are only the minimum amounts to land you a drug trafficking charge. The higher the amount of drugs in your possession, the worse sentence you are likely to receive. That means that while the minimum trafficking sentence for marijuana is 3 years in prison and $25,000 fine, if you have more marijuana that sentence goes up fast – up to 15 years in prison and a $200,000 fine. For all of the other drugs listed, penalties are even harsher: the prison term starts the same, but the minimum fine is $50,000.

Just because you are accused of a Florida drug crime, however, doesn’t mean you’ll necessarily be convicted. Experienced Orlando drug crime lawyers will attest that the vast majority of people accused of breaking the substance control laws aren’t criminals or addicts, just people who made a mistake without knowing how much it could cost them.

If you’re facing charges for a Florida drug crime, get a certified Orlando drug crime attorney today. They can tell you exactly what the police and the state need to prove, and lead you through complicated defenses that include illegal search and seizure, insufficient evidence, different types of possession, entrapment, substantial assistance, and make you aware of the many options open to you if you are a first-time offender. Together, you can build a defense to fight the charges.

A Florida drug crime conviction can ruin your reputation and take away your freedom. You want an Orlando certified drug crime attorney on your side such as the attorneys at Carsten and Ladan.