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Drug Crimes

POSSESSION MARIJUANA 

Anyone who possesses less than 20 grams of marijuana commits a first-degree misdemeanor punishable by 1 year in jail and a $1000.00 fine. Anyone who possesses more than 20 grams of marijuana commits a third-degree felony punishable by 5 years in prison and a $5000,00 fine. 

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

POSSESSION COCAINE

Anyone who possesses cocaine commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

POSSESSION HEROIN

Anyone who possesses heroin commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

POSSESSION METHAMPHETAMINE 

Anyone who possesses less than 14 grams of Methamphetamine commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

Anyone who possesses 14 grams or more of Methamphetamine is s a trafficking offense. Anyone who possesses 14 grams but less than 28 grams of Methamphetamine is subject to a minimum mandatory sentence of 3 years in prison and a $50,000.00 fine. Anyone who possesses 28 grams but less than 200 grams of Methamphetamine is subject to a minimum mandatory sentence of 7 year in prison and a $100,000.00 fine.

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

COMMON DEFENSES TO DRUG CHARGES

  • Illegal search, police did not have probable cause or a search warrant to obtain the drugs;
  • Drugs did not belong to accused;
  • Drugs not in accused possession;
  • Crime lab analysis faulty;
  • Entrapment
  • Drugs were planted

SALE OF COUNTERFEIT SUBSTANCE

Anyone who agrees, consents, or offers to sell any counterfeit drug included in schedules I, II, III and IV of the Florida Drug Act commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine. Anyone who agrees, consents, or offers to sell to any counterfeit drug included in schedule V or the Florida Drug Act commits a second-degree misdemeanor punishable by 60 days in jail and a $500.00.

GROWING, SELLING OR DELIVERING MARIJUANA

Anyone who sells, manufactures, or possesses marijuana commits a third-degree felony, punishable by 5 years in prison and a $5,000.00 fine.

Anyone who Manufactures or sales (or possession with intent to manufacture or sell) marijuana within 1,000 feet of a drug free area or who sales or possesses within 1,000 feet of a school, public recreation area, place of worship, public housing facility, or assisted living facility commits a second-degree felony punishable by 15 years in prison and a $10,000.00 fine.

Anyone who delivers or gives away up to 20 grams of marijuana, without being paid, commits a first-degree misdemeanor punishable by 1 year in jail and a $1,000.00 fine.

Anyone 18 or older who sales marijuana to a person younger than 18 commits a second degree felony punishable by 15 years in prison and a $10.000.00 fine.

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

IMPORTING MARIJUANA INTO FLORIDA

Anyone who imports any amount of marijuana into Florida from out of state commits a third-degree felony punishable by 5 years in prison and a $5,000.00.

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

TRAFFICKING IN MARIJUANA

Trafficking marijuana includes knowingly selling, buying, or manufacturing marijuana when the amount is more than 25 pounds or 300 or more cannabis plants.

A person commits a felon of the first degree punishable by, depending on the amount, 30 years in prison and a $15,000.00 fine.

Trafficking between 25 and 2,000 pounds, or between 300 and 2,000 cannabis plants. A person Convicted of trafficking between 25 and 2,000 pounds, or between 300 and 2,000 plants shall be sentenced to a mandatory minimum of 3 years in prison a fine$25,000.00.

If convicted of between 2,000 and 10,000 pounds, or between 2,000 and 10,000 plants a person shall be sentence to a mandatory minimum of 7 years in prison and a fine up to $50,000.

If convicted of 10,000 pounds or more, or 10,000 plants or more a person shall be sentenced to a mandatory minimum of 15 years in prison, and a fine of up to $200,000.

DRIVER LICENSE: a conviction will result in a one year suspension of your drivers license even if you were not driving.

POSSESSION DRUG PARAPHERNALIA 

Anyone who possesses or uses drug paraphernalia commits a first-degree misdemeanor punishable by 1 year in jail and a $1,000.00 fine.

Anyone who manufactures or sells, or manufactures with the intent to sell, drug paraphernalia commits a third-degree felony punishable by 5 years in prison and a $5,000.00 fine.

Anyone older than 18 who sells drug paraphernalia to a minor commits a second-degree felony punishable by 15 years in prison and a $10,000.00 fine.

REVOCATION OR SUSPENSION OF DRIVING PRIVILEGE ADDITIONAL INFORMATION

Anyone, 18 or older convicted for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance, the court shall direct the department to revoke the driver license or driving privilege of the person for 1 year or until the person is evaluated for and, if needed, completes a drug treatment program approved by Department of Children and Families.

The court may direct the department to issue a license for driving privilege restricted to business or employment purposes only. A driver whose license or driving privilege has been suspended or revoked under this section may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted.

Authorized Providers

You must present the original Certificate of Completion that will be scanned and subject to verification to ensure that it was issued by an approved provider. (It will also be faxed to the Revocation Section in Tallahassee for further verification and to adjust any dates, if needed.)

Anyone 18 or older convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is eligible because of age for a driver license or privilege, the court shall direct department to withhold issuance of such person's driver license or driving privilege of the person for 1 year or until the person is evaluated for and, if needed, completes a drug treatment program approved by Department of Children and Families.

The court may direct the department to issue a license for driving privilege restricted to business or employment purposes only. A driver whose license or driving privilege has been suspended or revoked under this section may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted.

 Anyone 18 or older convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person's driver license or driving privilege is already under suspension or revocation for any reason the court shall direct the department to extend the period of such suspension or revocation by an additional period of 1 year or until the person is evaluated for and, if needed, completes a drug treatment program approved by Department of Children and Families.

The court may direct the department to issue a license for driving privilege restricted to business or employment purposes only. A driver whose license or driving privilege has been suspended or revoked under this section may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted.

Anyone 18 or older convicted for the possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of such person's driver license or driving privilege for a period of 1 year after the date that he or she would otherwise have become eligible or until he or she becomes eligible by reason of age for a driver license and direct DHSMV to revoke the driver license or driving privilege of the person for one 1 year or until the person is evaluated for and, if needed, completes a drug treatment program approved by Department of Children and Families.

The court may direct the department to issue a license for driving privilege restricted to business or employment purposes only. A driver whose license or driving privilege has been suspended or revoked under this section may, upon the expiration of 6 months, petition the department for restoration of the driving privilege on a restricted or unrestricted.

Contact us

John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

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