Drug Crimes in Kissimmee
Drugs crimes are serious offenses for any individual and shouldn’t be taken lightly. They’re split into two categories: possession and trafficking. Possession is the lesser of the two, amounting to an individual having a controlled substance on their person. Drug trafficking, however, involves moving and profiting off of controlled substances, from importing and transporting them to selling those drugs on the street.
The Controlled Substance Act dictates which drugs are illegal to sell, produce, distribute and possess in the United States. Drugs are classified into categories, or schedules. Five different schedules break down potential for abuse, safety, addictive potential and medical applications. Lower schedule drugs (i.e. Schedule I) are usually more addictive and have fewer legitimate medical applications in comparison with higher schedule drugs (i.e. Schedules IV and V). Possessing or distributing mass quantities of any drug is illegal, with stiffer penalties for low schedule, addictive substances.
- Schedule I: These substances have no accepted medical use. Schedule I drugs have a high abuse potential and are the most dangerous class of drugs because they’re highly addictive, both psychologically and physically. Examples: heroin, LSD, marijuana.
- Schedule II: These substances have a few acceptable medical uses. Schedule II drugs carry a high abuse potential (though still less than Schedule I), as users can potentially become psychologically and physically addicted to them. Examples: cocaine, methamphetamine, oxycodone.
- Schedule III: These substances often have medical and physical uses. Schedule III drugs have moderate to low potential for physical and psychological addictions. Examples: Vicodin, Tylenol with codeine, testosterone.
- Schedule IV: These substances include medically-prescribed drugs (often for anxiety or sleep problems). Users are unlikely to develop dependence or addictions. Examples: Xanax, Ativan, Ambien.
- Schedule V: These substances are made up of OTC medicines, often in categories like antidiarrheal, antitussive and analgesic drugs. They have the lowest abuse potential, but do contain small amounts of narcotic ingredients. Examples: Robitussin, Lyrica.
Federal Drug Trafficking Penalties
While simple drug possession is a misdemeanor for which you’d pay a fine and spend a few days in prison, drug trafficking is a different matter. If you’re charged in federal court for drug crimes is Kissimmee, that’s a first-degree felony and you could face lengthy prison terms. Prison sentences start at either five or 10 years, depending on the substance you’re selling and how much the police find in your possession.
Minimum Five-Year Sentence
Selling Schedule I and II drugs in small quantities carries a minimum of five years in prison, but offenders may face up to 40 years. Violations include:
- 100 kg marijuana
- 1 g+ LSD
- 5 g+ methamphetamine
- 10 g+ PCP
- 28 g+ substance mixed with cocaine
- 100 g of heroin
- 100 g+ substances mixed with PCP
- 500 g cocaine
Minimum 10-Year Sentence
Selling Schedule I and II drugs in larger quantities carries a minimum of 10 years in prison, but offenders may face up to life in prison. A few examples include:
- 1 kg+ heroin
- 1 kg+ substances mixed with PCP
- 5 kg+ cocaine
- 1000 kg marijuana
- 10 g+ substances mixed with lysergic acid diethylamide (LSD)
- 50 g+ methamphetamine
- 100 g+ phencyclidine (PCP)
- 280 g+ substances mixed with cocaine
- 500 g+ substances mixed with methamphetamine
Charged with drug crimes in Kissimmee? Trust Smith & Eulo to handle your case. Reach out to our attorneys for a free case evaluation.