What Constitutes a Felony Drug Charge?

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.