In the state of Florida, drug distribution is defined as the intentional possession, selling, manufacturing, buying, and transporting of a certain amount of controlled substances. Drug distribution is a more serious crime than simple drug possession for personal use, making the penalty more severe.
Elements of drug distribution.
- In order to prove the offense, a prosecutor needs to make evident that the offender “knowingly and willfully” took part in drug trafficking activities. It must be shown that the defendant had awareness of the activities employed to bring drugs into the state of Florida, or that the defendant fully intended to engage in drug trafficking.
- It must also be proven that the seized materials are controlled substances, as defined by Florida state laws. This may require chemical analysis made by professionals such as crime lab technicians.
- The charge of “intent to distribute” does not require the presence of a financial transaction.
Penalties and sentences.
The penalty for distribution of 25 to 2,000 pounds of marijuana includes a minimum $25,000 fine ad 3-year imprisonment. On the other hand, the penalties increase to seven years in prison and a $50,000 fine for distributing 2,000 to 10,000 pounds of the substance.
When it comes to cocaine, distributing 28 grams to 200 grams commonly includes a minimum penalty of a $50,000 fine in addition to three years in jail. When distributing between 200 to 400 grams of this substance, the penalties increase to a minimum $100,000 fine and a seven-year jail term.
Penalties for some substances such as LSD and heroin include a minimum $500,00 fine and 15 years in prison.
Florida state laws allow enhanced sentencing for those who have prior felony convictions. These individuals are referred to as “career criminals” and “habitual felony offenders”.
Facing any criminal charges, including those related to illegal drugs, can be challenging. You do not have to go through it alone. When there are drug charges, a lawyer with Russell A. Spatz’s experience can offer clients the protection and vigorous representation they desire in Miami, Florida, or nationwide.
With more than 40 years of experience, including experience as an assistant state attorney and division chief, Spatz knows the court system and the laws pertaining to your case. He will put his knowledge to work for you. Give him a call at 305-442-0200 to schedule a consultation.