The State of Florida regulations regarding drugs and narcotics are found in Chapter 893 of the Florida Statutes and are collectively known as the “Florida Comprehensive Drug Abuse Prevention and Control Act”. This Chapter/Act regulates all aspects of drugs and narcotics. This Section not only makes illegal conduct ranging from possession to sale to manufacture and beyond, but this section also regulates pharmacists and other practitioners who are licensed to administer and/or distribute controlled substances.
Florida Statute 893.03 sets forth the Standards and Schedules of various substances. For instance, a Schedule I substance is a drug which “has a high potential for abuse and has no currently accepted medical use in treatment in the United States”. Examples of a Schedule I substance are methylenedioxymethaamphetamine (a/k/a MDMA or Extacy) and marijuana. A Schedule II substance is a drug which “has a high potential for abuse and has a currently accepted but severely restricted medical use in treatment in the United States.” Examples of a Schedule II substance are raw opium, oxycodone and cocaine. A Schedule III substance is a drug which “has a potential for abuse less than the substances contained in Schedules I and II and has a currently accepted medical use in treatment in the United States.” Examples of a Schedule III substance are lysergic acid (a/k/a LSD) hydrocodone and anabolic steroids. A Schedule IV substance is a drug which “has a low potential for abuse relative to the substances in Schedule III and has a currently accepted medical use in treatment in the United States.” Examples of a Schedule IV substance are alprazolam (a/k/a xanax) and diazepam (a/k/a valium). Finally, a Schedule V substance is a drug which “has a low potential for abuse relative to the substances in Schedule IV and has a currently accepted medical use in treatment in the United States.”
Florida Statute 893.13 spells out the general prohibited acts and penalties and Florida Statute 893.135 spells out the penalties for trafficking, including minimum mandatory sentences. “Trafficking” is differentiated from possession or possession with intent to sell by virtue of the amount, or weight, of the substance involved a given offense, as well as by the fact that trafficking in narcotics generally carries a minimum mandatory sentence, whereas simple possession, and generally possession with intent, do not. For example , in the case of cocaine, possession of any amount of cocaine in the State of Florida is a felony offense. Possession of the smallest trace amount of cocaine up to possession of 27.9999 grams of cocaine is a third degree felony punishable by a statutory maximum of five (5) years in State prison. (Note that possession of an amount of cocaine under 28 grams can be enhanced to a second degree felony if the possession occurred with any of a variety of aggravating factors, including but not limited to, possession with intent to sell, possession within 1,000 feet of a school, etcetera.) Possession of 28 grams, or more, of cocaine is trafficking, and is a first degree felony which is punishable by a statutory maximum of thirty (30) years in State prison. In addition, trafficking carries certain minimum mandatory penalties (i.e. penalties which the Court must impose in the event of a guilty verdict absent a legitimate reason for departure). In the cases of cocaine, trafficking (i.e. even otherwise simple possession of) 28 grams to 199.9999 grams carries a three (3) year minimum mandatory sentence and a $50,000.00 fine; trafficking 200 to 399.9999 grams carries a seven (7) year minimum mandatory sentence and a $100,000.00 fine; trafficking 400 grams to 150 pounds carries a fifteen (15) year minimum mandatory sentence and a $250,000.00 fine; and trafficking more than 150 pounds of cocaine carries a minimum mandatory life sentence without eligibility for early release (unless pardoned, extended executive clemency or granted a conditional medical release.).
As a collateral consequence of a conviction under Chapter 893, an offender who holds any State of Florida agency license (i.e. concealed weapon permit, real estate licensing, etcetera), is subject to summary suspension and must follow rigid guidelines to qualify for reinstatement (Florida Statute 893.11). Also, the Department of Highway Safety and Motor Vehicles is empowered to summarily suspend a convicted offender’s driving privilege in certain circumstances (Florida Statute 322.055).
The material on this page is designed to be general and is not case specific. Further, the information contained on this site is neither formal legal advice nor does the same constitute the formation of a lawyer/client relationship. As the law continually changes, the information contained herein may either be out of date or inapplicable to either your case or to your particular circumstances. For this reason it is always best to consult with a lawyer, in person, and to get specific and accurate information about your legal rights, responsibilities and/or liabilities in regard to your particular case. Please feel free to contact the Law Offices of Michael A. Haber, P.A. in Miami, Florida either by phone, by mail or by e-mail, and Mr. Haber will be available to you, to discuss your specific case.
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