The state of Florida is known across the country for having some of the harshest penalties for drug offenses. Even a minor offense can result in jail or prison time, a large fine, and other punishments.
Each drug charge is unique, and the penalties depend on the specific circumstances of the case. For instance, the quantity of drugs you’re carrying, the type or Schedule level, and whether you were illegally transporting or producing the substances.
Drug offenses in Florida can be a misdemeanor or felony, and the Daytona Beach drug crimes lawyer is the best person to advise you on how to deal with either situation. You’ll need an aggressive attorney to uphold your rights in court and combat the charges. That is why you should get in contact with us right away! Our criminal defense lawyers have over 100 years of combined experience successfully handling these types of cases, whether you are in Daytona Beach, Volusia County, or its surrounding areas, we can help you.
Drug Schedules and Classifications
The federal Controlled Substances Act classifies drugs into five main categories or “schedules.” Criteria for sorting drug types include the substance’s safety, its potential for misuse, its addictiveness, and the existence of confirmed medical uses. While possessing and selling many types of drugs carries penalties, lower Schedules such as I and II carry stiffer punishments than Schedule III or IV.
Although marijuana is legal in some states, Florida is not one of them. It’s also an illegal Schedule I drug per U.S. law. Penalties for Schedule I drugs such as marijuana, LSD, ecstasy, and heroin are some of the most strict here.
Users of Schedule II drugs can quickly develop a physical and psychological dependence on them. Some examples include PCP, prescription opioids like oxycodone and fentanyl, cocaine, and some types of amphetamines.
These drugs have some medical uses but they are also potentially addictive and can lead to misuse. For instance, codeine, Tylenol, anabolic steroids, ketamine, Vicodin, and testosterone.
Drugs like Xanax, Valium, Soma, Ativan, and Ambien are often prescribed by doctors to treat anxiety, depression, and sleep disorders. However, attempts are often made to acquire them illegally with prescription fraud.
This category typically includes medicines that are available over the counter. Although they have a low potential for developing dependence, they do contain a small percentage of narcotics. For example, Robitussin, Lyrica, and Parepectolin are often used to treat diarrhea, aches and pains, and coughs.
Federal and State Drug Crime Penalties
Penalties for drug crimes typically depend on a number of factors. Judges take into account the quantity of drugs, its Schedule, factors of trafficking or possession, and whether the perpetrator has a history of similar charges. Here is an overview of the possible punishments the courts could award.
10 Years to Life Imprisonment for Possessing a Minimum Quantity of Drugs including:
- Heroin – 1+ kg
- Marijuana – 1,000+ kg
- Phencyclidine (PCP) – 100+ g
- Cocaine – 5+ kg
- Methamphetamine, including its isomers, salts, and salts of its isomers 50+ g
- Heroin 1+ kg
- Combination of substances with a large percentage of PCP 1+ kg
- Combination of substances containing cocaine 280+ g
- Combination of substances with N-phenyl-N-[1-(2-phenylmethyl)-4-piperidinyl] propenamide 400+ g
- Combination of substances with a large percentage of LSD 10+ g
- Combination of substances containing a large percentage of methamphetamine, its isomers, salts, or salts of its isomers 500+ g
Sentence of 5 Years to 40 Years Imprisonment for Possessing a Minimum Quantity of Drugs including:
- Heroin 100+ g
- Marijuana 100+ kg
- Methamphetamine 5+ g
- LSD or Lysergic Acid Diethylamide 1+ g
- Phencyclidine (PCP) 10+ g
- Cocaine 500+ g
- Combination of substances with cocaine 28+ g
- Combination of substances with PCP 100+ g
Contact the Attorneys at Smith & Eulo for an Aggressive Defense
With the help of our experienced attorneys at Smith & Eulo Law Firm, you have a better chance of getting the charges mitigated or dismissed. Prosecutors must prove each facet of the case beyond a reasonable doubt to get a conviction.
Furthermore, law enforcement officials must have a valid warrant issued by a judge to search your home or car. Without proper authorization, the evidence is not admissible in a court of law. When searching a car or premises, police officers would need objective proof to support their suspicion that a crime is being committed.
All of these arguments can help get a lower penalty or dismissal. Rely on the expertise of our criminal defense lawyers who have handled such cases for the last 100+ years. If you or your loved one find themselves in a situation where you are being accused of a drug crime? Call us right away at 386-310-2011 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Daytona Beach office, we have offices in the following cities across the state of Florida:
*Additional Orlando Florida & Orange County Legal Resources