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Many people associate the crime of drug trafficking as being exclusively reserved for major dealers of illegal drugs, but an alleged offender does not need to be involved any kind of sale or transportation of a controlled substance in order to be charged with the offense. Essentially, a person can be charged with drug trafficking simply for possessing more than a prohibited amount of a certain controlled substance.
The criminal charges against an alleged offender may be enhanced to armed drug trafficking if the individual used, threatened to use, carried, or displayed a weapon or firearm during the drug trafficking offense. All drug trafficking crimes are felony offenses that have lengthy prison sentences and tens or sometimes even hundreds of thousands of dollars in fines.
Do you think that you could be under investigation or were you already arrested for an alleged drug trafficking offense in the Florida Panhandle? No matter how confident you are in your innocence, you should still avoid speaking with the authorities until you have legal representation. Contact Terrezza Law to speak with an experienced attorney.
Pensacola criminal defense attorney John Terrezza defends individuals charged with serious drug crimes in communities throughout Escambia County, and in Santa Rosa County in Milton. John Terrezza also takes federal drug claims and is admitted to the United States District Court for the Northern District of Florida.
Call (850) 764-5291 to take advantage of a free initial consultation that will allow our lawyer to review your case and discuss all of your legal options.
Knowingly being in actual or constructive possession of or knowingly selling, purchasing, manufacturing, delivering, or bringing a controlled substance into Florida results in drug trafficking charged under Florida Statute § 893.135.
The possible consequences of convictions for drug trafficking may depend on the type of controlled substance as well as the amount involved:
|
Controlled Substance |
Amount |
Fine |
Prison Sentence |
|
Cannabis, Florida Statute § 893.135(1)(a) |
More than 25 pounds, but less than 2,000 pounds |
$25,000 |
Minimum of three years up to 30 years in prison |
|
2,000 pounds or more, but less than 10,000 pounds |
$50,000 |
Minimum of seven years up to 30 years in prison |
|
|
10,000 pounds or more |
$200,000 |
Minimum of 15 years up to 30 years in prison |
|
|
Cocaine, Florida Statute § 893.135(1)(b) |
28 grams or more, but less than 200 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
200 grams or more, but less than 400 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
400 grams or more, but less than 150 kilograms |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
150 kilograms or more |
— |
Life in prison with ineligibility for any form of discretionary early release |
|
|
Morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, Florida Statute § 893.135(1)(c)1 |
4 grams or more, but less than 14 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
14 grams or more, but less than 28 grams |
$100,000 |
Minimum of 15 years up to 30 years in prison |
|
|
28 grams or more, but less than 30 kilograms |
$500,000 |
Minimum of 25 years up to 30 years in prison |
|
|
30 kilograms or more |
— |
Life in prison with ineligibility for any form of discretionary early release |
|
|
Hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof, Florida Statute § 893.135(1)(c)2 |
14 grams or more, but less than 28 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
28 grams or more, but less than 50 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
50 grams or more, but less than 200 grams |
$500,000 |
Minimum of 15 years up to 30 years in prison |
|
|
200 grams or more, but less than 30 kilograms |
$750,000 |
Minimum of 25 years up to 30 years in prison |
|
|
30 kilograms or more |
— |
Life in prison with ineligibility for any form of discretionary early release |
|
|
Oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof, Florida Statute § 893.135(1)(c)3 |
7 grams or more, but less than 14 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
14 grams or more, but less than 25 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
25 grams or more, but less than 100 grams |
$500,000 |
Minimum of 15 years up to 30 years in prison |
|
|
100 grams or more, but less than 30 kilograms |
$750,000 |
Minimum of 25 years up to 30 years in prison |
|
|
30 kilograms or more |
— |
Life in prison with ineligibility for any form of discretionary early release |
|
|
Phencyclidine (PCP) or any mixture containing PCP, Florida Statute § 893.135(1)(d) |
28 grams or more, but less than 200 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
200 grams or more, but less than 400 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
400 grams or more |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
Methaqualone (Quaalude) or any mixture containing methaqualone, Florida Statute § 893.135(1)(e) |
200 grams or more, but less than 5 kilograms |
$50,000 |
Minimum of three years up to 30 years in prison |
|
5 kilograms or more, but less than 25 kilograms |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
25 kilograms or more |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
Amphetamine, methamphetamine, any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, Florida Statute § 893.135(1)(f) |
14 grams or more, but less than 28 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
28 grams or more, but less than 200 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
200 grams or more |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
Flunitrazepam (Rohypnol or “roofies”) or any mixture containing flunitrazepam, Florida Statute § 893.135(1)(g) |
4 grams or more but less than 14 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
14 grams or more but less than 28 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
28 grams or more but less than 30 kilograms |
$500,000 |
Minimum of 25 years up to 30 years in prison |
|
|
30 kilograms or more |
— |
Life in prison with ineligibility for any form of discretionary early release |
|
|
Gamma-hydroxybutyric acid (GHB), , Florida Statute § 893.135(1)(h) |
1 kilogram or more but less than 5 kilograms |
$50,000 |
Minimum of three years up to 30 years in prison |
|
5 kilograms or more but less than 10 kilograms |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
10 kilograms or more |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
Gamma-butyrolactone (GBL) , Florida Statute § 893.135(1)(i) |
1 kilogram or more but less than 5 kilograms |
$50,000 |
Minimum of three years up to 30 years in prison |
|
5 kilograms or more but less than 10 kilograms |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
10 kilograms or more |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
1,4-Butanediol, Florida Statute § 893.135(1)(j) |
1 kilogram or more but less than 5 kilograms |
$50,000 |
Minimum of three years up to 30 years in prison |
|
5 kilograms or more but less than 10 kilograms |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
10 kilograms or more |
$500,000 |
Minimum of 15 years up to 30 years in prison |
|
|
3,4-Methylenedioxymethamphetamine (MDMA) , Florida Statute § 893.135(1)(k) |
10 grams or more, but less than 200 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
200 grams or more, but less than 400 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
400 grams or more |
$250,000 |
Minimum of 15 years up to 30 years in prison |
|
|
Lysergic acid diethylamide (LSD) , Florida Statute § 893.135(1)(l) |
1 gram or more, but less than 5 grams |
$50,000 |
Minimum of three years up to 30 years in prison |
|
5 grams or more, but less than 7 grams |
$100,000 |
Minimum of seven years up to 30 years in prison |
|
|
7 grams or more |
$500,000 |
Minimum of 15 years up to 30 years in prison |
Florida Statute § 775.087(1) establishes that whenever an alleged offender is charged with a felony—except a felony in which the use of a weapon or firearm is an essential element—and during the commission of such alleged felony the alleged offender carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the alleged offender commits an aggravated battery, the felony for which the alleged offender is charged will be reclassified such that it is ranked one level higher. Thus, a first-degree felony becomes a life felony, a second-degree becomes a first-degree felony, and a third-degree felony becomes a second-degree felony.
Additionally, Florida Statute § 775.087(2)(a)1 provides that when an alleged offender is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a weapon is an element of the felony, and the conviction was for a drug trafficking offense, and during the commission of the alleged offense the alleged offender actually possessed a firearm or destructive device, the alleged offender will be sentenced to a minimum term of ten (10) years in prison.
Florida Statute § 775.087 (3)(a)1 states that any person who is convicted of a felony or an attempt to commit a felony, regardless of whether the use of a firearm is an element of the felony, and the conviction was for a drug trafficking offense, and during the commission of the offense, the alleged offender possessed a semiautomatic firearm and its high-capacity detachable box magazine or a machine gun, will be sentenced to a minimum term of 15 years in prison.
An alleged offender who is convicted of drug trafficking or an attempt to commit drug trafficking and during the course of the commission of the felony such person discharged a firearm, destructive device, semiautomatic firearm and its high-capacity detachable box magazine, or machine gun will be sentenced to a minimum term of 20 years in prison.
If an alleged offender discharges a firearm, destructive device, semiautomatic firearm and its high-capacity detachable box magazine, or machine gun during the commission of a drug trafficking offense and, as the result of the discharge, death or great bodily harm was inflicted upon any person, the alleged offender will be sentenced to a minimum term of 25 years up to life in prison.
If you were arrested or believe that you might be under investigation in Escambia County in Pensacola or Santa Rosa County in Milton for an alleged drug trafficking offense or any other drug crime in Northwest Florida, contacting an experienced criminal defense attorney could be the difference between spending years in prison or having your charges dropped.
Terrezza Law represents individuals in throughout the Florida Panhandle. Our takes Federal drug cases and our attorney is admitted to the United States District Court for the Northern District of Florida.
John Terrezza is a skilled criminal defense lawyer in Pensacola who can provide a complete evaluation of your case as soon as you call (850) 764-5291 or fill out an online contact form to receive a free, confidential consultation.
This article was last updated on Tuesday, December 12, 2017.
