Tampa Lawyers Explain Punishments for Drug Trafficking Crimes
Drug trafficking crimes carry serious penalties in Florida, with mandatory minimum prison sentences that can add up to decades behind bars for those convicted. Tampa defense attorneys have seen the full range of charges brought in these cases and understand the complex sentencing rules judges must follow.This article will provide an overview of the most common drug trafficking charges in the Tampa area, the typical punishments faced, and potential defenses to explore with an experienced local lawyer.
Trafficking vs Simple Possession
Not all drug crimes are trafficking cases. Simple possession – having illegal drugs for personal use – also remains illegal in Florida but does not trigger the severe mandatory minimums trafficking does. However, the amounts needed to charge trafficking can be surprisingly small.For example, possession of just seven grams of heroin, 28 grams of cocaine, or 25 pounds of marijuana is enough to qualify as trafficking under Florida law. Exceeding these thresholds means prosecutors can pursue first degree felony trafficking charges no matter the explanation or circumstances.
Heroin and Opioid Trafficking
Heroin and other serious opioid drugs like fentanyl remain at the forefront of Florida’s drug issues. Trafficking charges for these substances begin at just four grams.The minimum prison sentences faced under Florida Statute 893.135 for heroin trafficking include:
- 4-14 grams – 3 years
- 14-28 grams – 15 years
- 28 grams or more – 25 years
Other punishments can include fines up to $500,000 and having to serve at least 85% of the prison sentence imposed before any possibility of parole.Potential defenses to fight these charges include challenging the drug testing methods used, contesting the accuracy of any claimed weights, arguing illegal searches that violated 4th Amendment rights, or presenting evidence of duress. An attorney may also negotiate with prosecutors for reduced charges in return for information or cooperation.
Cocaine Trafficking
After heroin and fentanyl, cocaine remains one of the most commonly trafficked illegal drugs in the Tampa area. Trafficking amount thresholds for cocaine under Florida law include:
- 28-200 grams – 3 years
- 200-400 grams – 7 years
- 400 grams or more – 15 years minimum
Again, major fines up to $250,000 also apply. And prosecutors can file additional charges for each type of cocaine derivative – powder cocaine, crack cocaine, etc. – which may require consecutive sentences.Defenses to cocaine trafficking charges also question the drug testing process used, challenge weights, raise illegal search issues, present duress claims, or negotiate for lesser charges.
Methamphetamine Trafficking
While cocaine and opioids receive more public attention, meth trafficking also remains an increasing problem in the Tampa region. The quantity thresholds for methamphetamine trafficking charges include:
- 14-28 grams – 3 years
- 28-200 grams – 7 years
- 200 grams or more – 15 years minimum
Penalties again involve major fines and serving at least 85% of any prison sentence before parole.Potential defenses include requiring prosecutors to prove purity levels for penalty enhancements, contesting weights for being at a lower threshold, challenging searches, or negotiating for lesser charges. Information on larger suppliers may also help reduce charges.
Marijuana Trafficking
Marijuana laws have relaxed over time, but trafficking amounts still result in serious first degree felony charges. The thresholds for marijuana trafficking in Florida are:
- 25-2,000 lbs – 3 years minimum
- 2,000-10,000 lbs – 7 years
- 10,000 lbs or more – 15 years minimum
The same steep fines and 85% of sentence requirements apply. Defenses focus on the accuracy of claimed weight amounts, improper searches, or negotiating reduced charges for cooperation. Medical marijuana changes have also created new potential arguments in some cases.
Other Drug Trafficking Charges
A wide range of other substances – MDMA, GHB, flunitrazepam, and more – also have defined trafficking thresholds under Florida law. While seen less often, all carry 3 year, 7 year, or 15 year minimum mandatory sentences depending on amounts. Defenses follow similar patterns – challenging weights, testing methods, searches, levels of knowledge and intent, or negotiating cooperation deals.
Federal Trafficking Crimes
Florida law covers most in-state drug trafficking crimes, but federal charges may also come into play under some circumstances. This includes:
- Interstate trafficking operations
- Cases involving federal lands, parks, or reservations
- Major organizational conspiracy cases
Federal drug trafficking charges rely on the same threshold amounts but often have more severe penalties – up to life in prison depending on the substance and amounts involved.
Getting an Experienced Tampa Drug Trafficking Lawyer
Facing drug trafficking charges in Tampa means confronting some of the toughest mandatory minimum sentences found under Florida law. An aggressive defense is needed to challenge the prosecution’s claims and seek the best possible outcome.Whether that means fighting the charges at trial, revealing issues with searches or testing, using medical exceptions, or negotiating reduced charges, an experienced local trafficking lawyer will know where to focus the defense. Don’t leave the fate of your case up to chance – contact a dedicated Tampa attorney as soon as charges are filed.
Resources
Florida Statute 893.135 on Trafficking Threshold Amounts – https://www.flsenate.gov/Laws/Statutes/2021/893.135Heroin Trafficking Penalties – https://www.flsenate.gov/Laws/Statutes/2021/893.135Cocaine Trafficking Penalties – https://www.flsenate.gov/Laws/Statutes/2021/893.135Methamphetamine Trafficking Laws – https://www.flsenate.gov/Laws/Statutes/2021/893.135Marijuana Trafficking Laws – https://www.flsenate.gov/Laws/Statutes/2021/893.135Other Drug Trafficking Laws – https://www.flsenate.gov/Laws/Statutes/2021/893.135Federal Drug Trafficking Laws – https://www.dea.gov/drug-information/csaImage: https://images.pexels.com/photos/1591056/pexels-photo-1591056.jpeg?auto=compress&cs=tinysrgb&w=1260&h=750&dpr=1Video: https://www.youtube.com/watch?v=3kyu-SAsqfEAdditional articles:https://www.tampabay.com/news/publicsafety/crime/2022/02/08/once-facing-life-in-prison-a-tampa-trafficker-gets-a-break/https://www.justice.gov/usao-mdfl/pr/tampa-man-sentenced-more-12-years-federal-prison-fentanyl-trafficking-and-firearmhttps://www.fox13news.com/news/florida-man-busted-with-enough-fentanyl-to-kill-1-5-million-adults