Cocaine is a Schedule II substance (Florida Statute 893.13(2)(a)(4)) and is therefore considered to have “a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States” Unlike marijuana there is no misdemeanor offense for “simple possession” of cocaine; that is possession of any amount of cocaine in the State of Florida, even a trace amount, of cocaine is a felony offense. Anyone found in “simple possession” of under 28 grams of cocaine commits a third degree felony and is subject to five (5) years in state prison (Florida Stature 893.13(6)(a)). Anyone found guilty of sale, purchase, manufacture or delivery of less than 28 grams of cocaine commits a second degree felony punishable by up to fifteen (15) years in state prison (Florida Stature 893.____)). Additionally, a variety of enhancements can apply where the prohibited conduct occurs within 1,000 feet of a child care facility, a school, a community center, a park or a municipal recreational facility (Florida Statute 893.13(1)(c)(1)), within 1,000 feet of a college, university or other postsecondary educational institution (Florida Statute 893.13(1)(d)(1)), within 1,000 feet of a either a physical place of worship or a convenience business (Florida Statute 893.13(1)(e)(1)), within 1,000 feet of a public housing facility (Florida Statute 893.13(1)(f)(1)) or by delivery of cocaine by a person over 18 years of age to a person under 18 years of age (Florida Statute 893.13(4)(a)), all of which bump an otherwise third degree felony to a second, or an otherwise second degree felony to a first degree felony (which is punishable by up to thirty (30) years in state prison).
Additionally, minimum mandatory sentencing for trafficking in cocaine is applicable where the weight justifies imposition. Pursuant to Florida Statute 893.135(1)(b)(1) “any person who knowingly sells, purchases, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of in excess of 28 grams of cocaine or of any mixture containing cocaine but less than 150 kilograms of cocaine or any such mixture commits a felony of the first degree” (punishable by up to thirty (30) years in state prison) and is trafficking in cocaine. If the amount of cocaine is between 28 and 200 grams then the offense carries a three (3) year minimum mandatory sentence and a $50,000.00 fine (Florida Statute 893.135(1)(b)(1)(a)). If the amount of cocaine is either more 200 grams but less than 400 grams then the offense carries a seven (7) year minimum mandatory sentence and a $100,000.00 fine (Florida Statute 893.135(1)(b)(1)(b)). If the amount of cocaine is either more than 400 grams but less than 150 kilograms then the offense carries a fifteen (15) year minimum mandatory sentence and a $250,000.00 fine(Florida Statute 893.135(1)(b)(1)(c)). If the amount of cocaine is more than 150 kilograms then the offense carries a mandatory life sentence without eligibility for early release (unless pardoned, extended executive clemency or granted a conditional medical release.).
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