TAMPA CRIMINAL DEFENSE ATTORNEY
SENIOR PARTNER AT NELSON, BISCONTI AND MCCLAIN, LLC
Cell: 813-404-2013
FLORIDA DRUG TRAFFICKING OR CONSPIRACY TO TRAFFIC/RACKETEERING
Florida Statute 893.135 (1)
While Racketeering cases on the State level most often involve drug organizations, there are approximately fifty (50) areas of unlawful conduct that could comprise racketeering activity. The statutory maximum sentence is thirty (30) years in prison. Drug sales or deliveries under certain weights depending on the drug are charged as drug deliveries. While conviction does not require a minimum mandatory prison term, depending on one's criminal history and the sophistication of the offense, an accused may receive up to fifteen (15) years in prison. A classification such as habitual felony offender may allow the Court to further enhance an accused's sentence beyond the statutory maximum.
Drug trafficking may just be a big drug possession. Different drugs have different minimum mandatory prison terms depending upon the weight. They range from three (3) years, to seven (7) years, to fifteen (15) years, to twenty five (25) years. All drug trafficking and drug trafficking conspiracies are first degree felonies (on the State level) punishable up to thirty years (30) in prison. Like drug possession cases, there may be a myriad of search and seizure issues in any one trafficking/ conspiracy case. Drug trafficking and conspiracy may also be based on the sale, manufacture, delivery or bringing the prohibited substance into the State. Huge fines are also attached to any drug trafficking/ drug conspiracy conviction.
Depending on the type of drug that is possessed, sold, manufactured, delivered or brought into this state, minimum mandatory prison terms shall be imposed in the following manner:
If you are convicted of drug trafficking or conspiracy to commit drug trafficking in the state of Florida, you may face the following penalties:
Drug Amount Fines Mandatory Min. Jail Term
Marijuana Greater than 25 pounds/300 plants $25,000 3 years
Marijuana Greater than 2,000 pounds/plants $50,000 7 years
Marijuana Greater than 10,000 pounds/plants $200,000 15 years
Cocaine 28 - 200 grams $50,000 3 years
Cocaine 200 - 400 grams $100,000 7 years
Cocaine Greater than 400 grams $250,000 15 years
Cocaine150 kilograms or more $250,000 Life in Prison
Oxycodone, Morphine, Opium, Hydrocodone 4 - 14 grams N/A 7 years
Oxycodone, Morphine, Opium, Hydrocodone14 - 28 grams N/A 15 years
Oxycodone, Morphine, Opium, Hydrocodone Greater than 28 grams N/A 25 years
Oxycodone, Morphine, Opium, Hydrocodone 30 kilograms or more N/A Life in Prison
Phencyclidine 28 - 200 grams $50,000 3 years
Phencyclidine 200 - 400 grams $100,000 7 years
Phencyclidine 400 grams or more $250,000 15 years
Methaqualone 28 - 200 grams $50,000 3 years
Methaqualone 200 - 400 grams $100,000 7 years
Methaqualone 400 grams or more $250,000 15 years
Amphetamine 14 - 28 grams $50,000 3 years
Amphetamine 28 - 200 grams $100,000 7 years
Amphetamine 200 grams or more $250,000 15 years
Flunitrazepam 4 - 14 grams $50,000 3 years
Flunitrazepam 14 - 28 grams $100,000 7 years
Flunitrazepam 28 grams or more $500,000 25 years
GHB 1 - 5 kilograms $50,000 3 years
GHB 5 - 10 kilograms $100,000 7 years
GHB 10 kilograms or more $500,000 15 years
GBL 1 - 5 kilograms $50,000 3 years
GBL 5 - 10 kilograms $100,000 7 years
GBL 10 kilograms or more $500,000 15 years
1,4-Butanediol 1 - 5 kilograms $50,000 3 years
1,4-Butanediol 5 - 10 kilograms $100,000 7 years
1,4-Butanediol 10 kilograms or more $500,000 15 years
Phenethylamines 10 - 200 grams $50,000 3 years
Phenethylamines 200 - 400 grams $100,000 7 years
Phenethylamines 400 grams or more $500,000 15 years
LSD 1 - 5 grams $50,000 3 years
LSD 5 - 7 grams $100,0007 years
LSD 7 grams or more 500,000 15 years