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A savvy and well-versed drug lawyer is critical in Florida. The laws are particularly harsh on drugs – as indicated in the Drug Abuse Prevention and Control provisions (“Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking”: Title XLVI, Chapter 893.135).
Your choice of drug crime attorney is essential because of these laws. In Florida, even minor marijuana possession sometimes leading to $1000 and up to a year in jail. For more serious convictions, such as felony drug trafficking, fines of more than $250,000 can be coupled with minimum mandatory prison sentencing.
Drug crime attorney Arthur C. Fulmer, Jr., will focus one-on-one with you so that your defense is customized to fit your particular case both in negotiation and litigation.
Crime is acts or omissions that can be prosecuted and punished by the government. Drug crime is violation of laws that are related to the unlawful manufacture, distribution, or possession of drugs that the jurisdiction (i.e., state and federal government) defines as controlled substances. A controlled substance, as its name suggests, is a certain variety of plant or chemical compound that is being controlled by lawmakers and law enforcement. The manufacture, distribution, or possession of these drugs must specifically be unlawful because some substances are legal as medical prescriptions, doled out at strict dosages, but not otherwise. When looking at a specific act, you might ask, “What is a drug offense or offender?” A drug offense is a single instance of drug crime, and a drug offender is someone who commits a drug offense.
What are drug laws? The key ones specific to Florida are contained within Florida Statutes Chapter 893: Drug Abuse Prevention and Control. That section of law provides the state law, while the Controlled Substances Act (CSA) is the key statute for federal regulation of substances classified as threats to public health and safety. The CSA was signed into law by President Richard Nixon nearly a half-century ago, as part of a broader bill; it was Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970.
The way that felony drug charges are determined is specific to the amount and type of controlled substance. To consider the types of offenses, it is helpful to first look at how someone can be put in jail for drugs – and that is, in large part, through state and federal legislation. Per Florida Statutes Section 893.13, it is a third-degree felony to possess more than 20 grams and less than 25 pounds of marijuana; 28 grams or less of cocaine; 10 grams or less of ecstasy/MDMA/molly; 1 gram or less of LSD; or 4 grams or less of heroin or other opiates. First-degree felony possession refers to offenses in which there is greater than 25 pounds of marijuana; 28 grams of cocaine; 10 grams of ecstasy/molly/MDMA; 1 gram of LSD; or 4 grams of opiates such as heroin. Felony charges can also result related to manufacture/cultivation or trafficking of controlled substances. Marijuana cultivation can be a third-degree felony. The manufacture of other types of drugs is prosecuted as a second-degree felony. It can be a third-degree felony if you rent any space with the plan to make drugs in it. Distribution of controlled substances can lead to a felony charge subject to mandatory minimum sentencing for set drug quantities and classifications. There are also set times of incarceration that are mandatory minimums for certain drug types and amounts. It is also possible to get a second or third-degree felony for distribution activities. Plus, there are felony federal trafficking penalties for drugs classified as controlled – with “schedules” (categories) through which penalty limits of as much as life in prison are assigned.
If you have been charged with a drug crime, call the best criminal defense attorney in Polk County, Art Fulmer. Even if you do not hire Mr. Fulmer to represent you, the legal advice he will provide during your consultation will give you an idea of what you are up against and help you plan for the future.
Florida Statutes Section 893.13, conveys the state penalties for felony possession.
Third-degree felony possession carries with it up to 5 years in prison, while first degree is punishable with up to 30 years in prison. There can also be felony drug charges for distribution and manufacturing/cultivation of drugs. When the trafficking of a controlled substance is prosecuted as a first-degree felony, the Florida penalty can be as high as 30 years. There are also set times of incarceration that are mandatory minimums for certain types and amounts of drugs. It is also possible to get a second- or third-degree felony if an intent to distribute can be established. Manufacturing or cultivation of controlled substances can be categorized as a third-degree felony, with a maximum of five years. Making other types of drugs is considered a second-degree felony, with a maximum penalty of 15 years. Federal drug laws for trafficking are very severe as well; depending on amounts and types of the substance, an arrest can result in life in prison.
If you have been charged with a drug crime, call the best criminal defense attorney in Polk County, Art Fulmer. Even if you do not hire Mr. Fulmer to represent you, the legal advice he will provide during your consultation will give you an idea of what you are up against and help you plan for the future.
