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How do drug trafficking penalties differ based on the drug?

On Behalf of | Aug 3, 2020 | Drug Crimes

Florida statutes define drug trafficking as selling, buying, manufacturing, delivering, transporting, or possessing a controlled substance over a certain amount. Penalties vary based on the illicit substance, as well as how much of it you have in your possession at the time of your arrest. 

Possessing as much as or more than a minimum amount is a first-degree felony for all the following drugs. Understanding penalties for drug trafficking in Florida can help you protect your rights in the event the police stop you and question you. 

Cannabis

The mandatory minimum penalty for possession of more than 25 pounds or 300 plants, but less than 2,000 pounds or 2,000 plants, is three years in prison along with a $25,000 fine. For amounts over 2,000 pounds or 2,000 plants, but less than 10,000 pounds or 10,000 plants, the mandatory minimum is seven years in prison with a $50,000 fine. Amounts in excess of 10,000 pounds or plants result in a minimum penalty of 15 years in prison as well as a fine of $200,000. 

Cocaine

Because cocaine is a more potent drug, the minimum felony amount is much lower. Possessing 28 or more grams of cocaine, but less than 200 grams, is punishable by a minimum of three years in prison and a $50,000 fine. Having 200 grams or more on your person, but less than 400 grams, brings about a mandatory minimum prison term of seven years and a fine of no less than $100,000. Having 400 or more grams in your possession at the time of the arrest incurs a 15-year prison sentence and a $250,000 fine. 

Fentanyl

Fentanyl is on a list within a category of similar drugs, such as carfentanil and alfentanil, among others. Having 4 or more grams on your person, but less than 14 grams, brings about a minimum three-year prison term and a $50,000. Having 14 to 27 grams equals a mandatory minimum of 15 years in prison and a fine of $100,000. Possessing 28 grams or more is punishable by a minimum of 25 years in prison and a  $500,000 fine. 

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