Citrus County Drug Crime Attorney

Florida Drug Trafficking Laws

A huge step up in severity is trafficking in a controlled substance. Trafficking is a first-degree felony, punishable by up to 30 years in prison. The legislature has also enacted certain minimum mandatory sentences depending on the weight of the item. 

The basic elements of trafficking in a controlled substance are:

1. possession of a controlled substance and 
2. weight of that substance. 

Items 1 and 2 have the same analysis as possession of a controlled substance discussed above. The only difference is the weight of the substance. The State does not have to prove interstate movement, RICO or gang involvement, or even sales- just possession, controlled substance, and weight. 

The analysis for possession is the same as for simple possession involving actual or constructive and utilizing corroborative evidence to prove possession. Because of the more severe nature of the charges, law enforcement will go to greater lengths to gather corroborative evidence to prove constructive possession. Finally, the State will prove the weight of the substance through the FDLE analyst. The analyst will weigh the item at the time of testing using a calibrated scale. Depending on the facts of the case and the type of substance, the weight of the item can be a contested point. Sometimes the investigating officers will field test the item and get the probable cause weight either on the scene using a non-calibrated scale or weighing the item in the packaging. Both practices are seldom noted in the report and can lead to defense-friendly surprises during trial preparation. 

The threshold for trafficking weight can be very small- heroin and fentanyl trafficking thresholds start at just 4 grams. For reference, most sugar packets contain about 4 grams of sugar. When the threshold weight is so low and the stakes so high, it is crucial to understand how the analysis works and get an accurate weight without the packaging before any decisions are made. 

A common question is what about if the substance in question has ‘cut’ or is otherwise diluted. Unfortunately, the statutory language is ‘a mixture containing’ and the relevant weight is of the whole item, cut of adulterations included.  

Possession of a Controlled Substance With the Intent to Sell or Deliver 

A third common drug-related offense is possession of a controlled substance with intent to sell or deliver, a second-degree felony. The basic elements for possession with intent are:

1. that the accused possessed an item, 
2. that item was a controlled substance and 
3. had the intent to sell or deliver the item to another. 

The analysis for elements 1 and 2 is the same as discussed above. If a confession or admission to distribution is made, and admissible, the case can be strong for the State. Absent a confession, the State will often use circumstantial evidence to try to prove the intent to deliver element. This type of evidence can be the amount of the substance in question, and the overall types of controlled substances, if multiple are found together, this is referred to as a ‘candyman’ theory or the manner in which the items are packaged. The State can use cash located near the substances to infer sales or delivery, as well as the presence of a firearm to help the jury conclude the intent to deliver element.

At trial, the State typically designates a detective from the narcotics unit as an expert witness and has them testify why the packaging, amounts, and location are consistent with distribution. With a potential of 15 years in prison, it is important to have an advocate that can take on an expert witness and defend against circumstantial evidence presented to the jury.

Experienced Representation Against Drug Crime Charges