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When Orlando police catch someone with drugs, they may charge them with drug possession or trafficking. Whether a defendant faces trafficking or possession charges depends on the facts of their case, including the specific circumstances of their control of the drugs and the quantity of drugs involved. Here’s what you need to know about the differences between trafficking and possession and how those differences can inform an effective defense strategy.
How Does Florida Law Define Drug Possession?
In Florida, the crime of drug possession occurs when a person has a controlled substance on their person or within their control, such as in the person’s home, vehicle, or bag. A person may face a drug possession charge if they have actual or constructive possession of controlled substances. Actual possession means that a person has drugs in their physical possession, such as in their hands, pockets, or bag. Constructive possession means that police have found drugs in a location where a person can exercise control over them, such as in the trunk of a vehicle, a storage unit, or in the person’s bedroom. To prove that the defendant had constructive possession, prosecutors must show that a defendant knew of the presence of drugs and had the ability to access or move them.
Drug possession can involve “simple” possession – possessing illegal drugs intended for personal use – or possession with intent to distribute – possessing drugs with the intent to sell them to others.
What Constitutes Drug Trafficking in Florida?
Under Florida law, drug trafficking is the selling, purchasing, manufacturing, delivering, or bringing into the state of a large quantity of drugs. The quantity of drugs necessary to trigger trafficking charges varies based on the type of drugs. Minimum quantities for trafficking charges under Florida criminal law include:
- Cannabis: 25 pounds or 300 plants
- Cocaine: 28 grams
- Heroin and other opium derivatives: 4 grams
- Hydrocodone or codeine: 28 grams
- Oxycodone: 7 grams
- Fentanyl: 4 grams
- Amphetamine or methamphetamine: 14 grams
- LSD: 1 gram
Florida law considers drug trafficking a felony offense, classifying most offenses as first-degree felonies. Trafficking certain quantities of drugs can also trigger mandatory minimum sentences.
The Differences Between Drug Possession and Trafficking
Some of the primary differences between drug possession and drug trafficking offenses under Florida law include:
- The quantity of drugs involved: Whether a person faces a drug possession or drug trafficking charge can depend on the quantity of drugs they possess, as possessing a sufficient quantity of drugs can automatically trigger trafficking charges under Florida criminal law.
- The severity of resulting charges: Drug possession charges are typically either misdemeanor or low-level felony charges. However, drug trafficking charges constitute much harsher first-degree or capital felony charges, depending on the circumstances of the offense.
- Mandatory minimum sentences: Drug possession charges usually give judges greater discretion in sentencing, including the possible option of sentencing a convicted defendant to probation or other penalties instead of incarceration. Conversely, drug trafficking charges under Florida law can involve mandatory minimum sentences, which require a trial court to sentence a convicted defendant to a prison term that lasts at least as long as the mandatory minimum.
Possible Defenses Against Possession and Trafficking Charges
Common defenses that defendants may raise against drug possession or trafficking charges include:
- Lack of actual or constructive possession
- Lack of knowledge of the presence of drugs
- Challenging the calculation of drug quantity
- Contesting the legality of the police’s search
Contact Our Firm Today for Help Facing Drug Charges
Are you facing drug-related charges in Orlando? No matter what kind of offenses prosecutors charge you with, you need dedicated legal representation to help you fight for your freedom. Contact the Law Offices of Jose E. Lopez, P.A., today for a free, confidential consultation with an experienced drug defense attorney in Orlando, and we’ll discuss what you can expect at each step of your case.