Despite the common misconception that Florida is not hard on drugs, it has strict trafficking laws. The State of Florida defines trafficking as possessing or transporting an illegal drug with intent to sell.
To prove trafficking, you need to possess a significant amount of the drug.
Examples of drugs subject to trafficking laws
These drugs include:
- Marijuana over 25lbs
- Cocaine over 28 grams
- Methamphetamine over 14 grams
- Heroinoverf 4 grams
- Prescription drugs, without a prescription, over 4 to 14 grams depending on the medication
- Hallucinogens such as mushrooms, LSD and ecstasy, amounts vary
Sometimes the amount depends on whether another criminal charge is present.
Defenses against trafficking
Although difficult, you can beat or receive a lesser sentence for trafficking. These are some common defenses against a trafficking charge.
- Prove the police made a mistake. This may be a technical error in the arrest or a case of mistaken identity.
- Prove unlawful search. You need to know your rights and when a warrant is a requirement.
- Show a lack of evidence. You can show that police lack the evidence that you were a part of the crime. Being near an illegal substance does not mean it is yours.
- Show the laboratory tests were faulty. Sometimes police do not test illegal substances on site. They send them off to a lab. Lab error is a possibility.
- Prove a confidential informant pressures you to purchase or sell the drugs. This is entrapment but very difficult to prove.
There are many other defense tracks you can take.
Drug trafficking is a serious offense in Florida, but with the right defense, you can win.