Drug crimes and narcotic offenses can exist at both the state and federal level. A violation of either U.S. federal drug/narcotic laws or state drug/narcotic laws can lead to a charge and possible conviction. A successful conviction can carry severe penalties including jail time and payment of heavy fines. Moreover, Florida imposes certain minimum mandatory sentences for drug related offenses ranging from 3 year sentences up to life sentences for repeat offenders. Whether you have been charged with simple possession of marijuana or have been involved in the trafficking of narcotics, a criminal defense attorney can help protect your rights and assist in getting you the best possible outcome.
In Florida, drug crimes and narcotic offenses include drug cultivation or grow houses, drug manufacturing, drug paraphernalia, drug possession, drug trafficking, marijuana possession, possession with intent, and prescription drug crimes. Drugs are also known as controlled substances and include cannabis, cocaine, crack cocaine, methamphetamine, MDMA, LSD, and heroin, among others. More information on each of the above listed drug-related crimes can be found below.
Drug Cultivation / Grow Houses / Manufacturing is the illegal production of a controlled substance including any preparation for the planting, harvesting or tending/caring of a controlled substance. Controlled substances are listed on “schedules” provided by both the state and federal levels.
Drug Paraphernalia includes any and all equipment, products, and materials used, intended for use, or designed for use in planting, cultivating, growing, harvesting, manufacturing, producing, packaging, storing, concealing, transporting, injecting, ingesting, inhaling, or introducing a controlled substance or any substance made illegal as defined in both the federal and state “schedules” into the human body.
Drug Possession is the unlawful possession whether on the person or otherwise of a controlled substance or any substance as listed in both the federal and state “schedules.” Drug possession is not unlawful if the controlled substance is prescribed by a qualified medical practitioner.
Drug Trafficking / Distribution / Sale / Transportation includes any action aimed at circulating any controlled substance or illegal substance as listed in both federal and state “schedules.”
Drug Importation / Smuggling is the act of bringing into the United States or from state to state illegal or controlled substances as listed in the state and federal “schedules.” Drug importation or drug smuggling can occur in various ways such as by using mules, disguising illegal merchandise as legal merchandise, hiding illegal substances inside other objects, or hiding illegal substances within a shipment of legal substances. The subsequent sentence following a successful conviction of drug importation or smuggling varies depending on the amount and type of illegal substance being smuggled or imported.
Marijuana Possession is the unlawful possession whether on the person or otherwise of Cannabis or Marijuana in any form. Marijuana possession may be legal if prescribed by a qualified medical practitioner. However, certain rules or restrictions do apply – only a qualified criminal defense attorney can help you determine if your marijuana possession is lawful.
Possession with Intent / Possession for Sale is the unlawful possession whether on the person or otherwise of an illegal or controlled substance with the intent to sell it. In Florida, possession with intent or possession for sale can be second or third degree felonies. The type of felony and the subsequent corresponding sentence depend on the type of controlled substance involved. Marijuana or cannabis is a Schedule 1 type of controlled substance and therefore possession with intent of marijuana or cannabis is a third degree felony. Cocaine is a Schedule 2 type of controlled substance and therefore possession with intent of cocaine is a second-degree felony.
Prescription Drug Crimes are crimes associated with the unlawful acquiring of prescription painkillers or other drugs without a medical need or actual prescription from a qualified medical physician. Prescription drugs are medications controlled by the Food and Drug Administration (FDA) and require a prescription from a Doctor of Medicine before they can be acquired. Prescription drug crimes can occur through doctor shopping, prescription forgery or prescription fraud. Doctor shopping is the act of going to various doctors in order to obtain multiple prescriptions of drugs and is a third degree felony in Florida. Prescription forgery includes any of the following actions: illegally duplicating prescription, altering a prescription, or counterfeiting a prescription. Prescription fraud includes any action in order to obtain a prescription drug without a prescription. Some of the prescription drugs targeted include Hydrocodone, Oxycontin, Valium, Morphine, Ativan, Vicodin, Percocet, and Xanax.
If you have been charged with a drug crime or narcotics offense, it is important to contact a Criminal Defense Attorney immediately.
Contact Miami Criminal Defense Attorney, Julian Stroleny to schedule a free consultation to learn about your legal options. As a former state prosecutor who has handled numerous drug related cases, Julian Stroleny has the experience necessary to handle your case. Call Stroleny Law, P.A. at (305) 615-1285 today for all of your Miami or Broward Criminal Defense needs.
Experienced Miami Criminal Defense attorney, Julian Stroleny can help you throughout the entire legal process. He will work with you during the criminal defense process to ensure the best possible outcome.