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Use or Possession of Drug Paraphernalia
Defined as:
  1. Using, or possessing (with the intent to use) "drug paraphernalia"; 
    • To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance; OR
    • To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Penalties​:
  • ​Use or Possession of Drug Paraphernalia is a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine.
- Section 893.147(1) of the Florida Statutes
Manufacture or Delivery of Drug Paraphernalia:
  1. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used:
    • To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance; OR​
    • To inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Penalties:
  • Manufacture or Delivery of Drug Paraphernalia is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine.
- Section 893.147(2) of the Florida Statutes
Possession of a Controlled Substance
Defined as:
  1. Possessing (actually or constructively);
    • Possession can be proven by showing that the defendant (a) knew of the existence of the substance; and (b) intentionally exercised control over it.
    • Control can be exercised over a substance whether the substance is carried on a person, near a person, or in a completely separate location.​ Control can be established by proof that the defendant had direct personal power to control the substance or the present ability to direct its control by another.
  2. A controlled substance.
- Section 893.13(6)(a) of the Florida Statutes
Penalties:
  • In most cases, Possession of a Controlled Substance is a felony of the third degree, punishable by up to 5 years in prison & no more than a $5,000 fine.
  • Possession of cannabis (20 grams or less) is a misdemeanor of the first degree, punishable by up to 1 year in jail & no more than a $1,000 fine.
  • Possession of more than 10 grams of controlled substances is a felony of the first degree, punishable by up to 30 years in prison & no more than a $10,000 fine.
- Section 893.13(6)(a-c) of the Florida Statutes
Driver's License Suspension:
  • If you are convicted of Possession of a Controlled Substance, the court SHALL order that your driver's license be suspended for a period of 6 months. 
- Section 322.055(1) of the Florida Statutes
Sale, Manufacture, Delivery or Possession with Intent to Sell, Manufacture or Deliver a Controlled Substance: 
It is unlawful to:
  • Sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.
Penalties:
  • In most cases, Sale, Manufacture, Delivery, or Possession with Intent to Sell, Manufacture or Deliver is a felony of the second degree, punishable by up to 15 years in prison & no more than a $10,000 fine.
  • If the substance in question is cannabis, then Sale, Manufacture, Delivery, or Possession with Intent to Sell, Manufacture or Deliver is a felony of the third degree, punishable by up 5 years in prison & no more than a $5,000 fine.
- Section 893.13(1)(a)(1-2) of the Florida Statutes
Sale, Manufacture, Delivery or Possession with Intent to Sell, Manufacture or Deliver more than 10 grams:
  • If the total weight of the controlled substance(s) you are charged with under this statute is greater than 10 grams, then the charge is enhanced to a felony of the first degree, punishable by up to 30 years in prison & no more than a $10,000 fine. 
  • This enhancement only applies to controlled substances listed in Section 893.03(1)(a or b). Most notably, the enhancement does not apply to cannabis.
- Section 893.13(1)(a)(3)(b) of the Florida Statutes
Driver's License Suspension:
  • Similar to the charge of Possession of a Controlled Substance, If you are convicted of Sale, Manufacture, Delivery or Possession with Intent to Sell, Manufacture or Deliver a Controlled Substance, the court SHALL order that your driver's license be suspended for a period of 6 months. 
- Section 322.055(1) of the Florida Statutes
Trafficking in a Controlled Substance 
Defined as:
  1. Knowingly possessing, selling, purchasing, manufacturing, delivering or bringing into Florida;
  2. A controlled Substance;
  3. That weighs over the minimum alleged amount.
Trafficking in Cannabis:
  • The minimum weight for Trafficking in Cannabis is 25 pounds (or 300 plants). 
  • Trafficking in Cannabis is a felony of the first degree, punishable by up to 30 years in prison. 
Penalties Based on Weight:
  • 25 to 2,000 pounds (or more than 300 plants) = 3 year mandatory minimum prison sentence & a 25,000 fine.​
  • 2,000 to 10,000 pounds (or more than 2,000 plants) = 7 year mandatory minimum prison sentence & a $50,000 fine.
  • 10,000 or more pounds (or more than 10,000 plants) = 15 year mandatory minimum prison sentence & a $250,000 fine.
- Section 893.135(1)(a) of the Florida Statutes
Trafficking in Cocaine:
  • The minimum weight for Trafficking in Cocaine is 28 grams.
  • Trafficking in Cocaine is a felony of the first degree, punishable by up to 30 years in prison.
Penalties Based on Weight:
  • 28 to 200 grams =  3 year mandatory minimum prison sentence & a $50,000 fine.
  • 200 to 400 grams = 7 year mandatory minimum prison sentence & a $100,000 fine.
  • 400 grams to 1.5 kilograms = 15 year mandatory minimum prison sentence & a $250,000 fine. 
- Section 893.135(1)(b) of the Florida Statutes
Trafficking in Heroin:
  • The minimum weight for Trafficking in Heroin is 4 grams. 
  • Trafficking in Heroin is a felony of the first degree, punishable by up to 30 years in prison.
Penalties Based on Weight:
  • 4 to 14 grams = 3 year minimum mandatory prison sentence & a $50,000 fine.
  • 14 to 28 grams = 15 year minimum mandatory prison sentence & a $100,000 fine.
  • 28 grams to 30 kilograms = 25 year minimum mandatory prison sentence & a $500,000 fine.
- Section 893.135(1)(c) of the Florida Statutes
CALL NOW FOR YOUR FREE CASE CONSULTATION WITH A TAMPA CRIMINAL DEFENSE ATTORNEY
  • Convictions for these drug-related offenses can have serious consequences including fines, probation, jail and even mandatory minimum prison time. 
  • If you have been charged with a drug-related offense, call (813) 787-4849 now for a free case consultation. 
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