In regard to morphine, opium, oxycodone, hydrocodone, hydromorohone, heroin or any salt, derivative or isomer thereof (hereinafter collectively referred to as “opiates”), as is the case with cocaine, there is no misdemeanor offense for “simple possession” of opiates; that is possession of any amount of morphine, opium, oxycodone, hydrocodone, hydromorohone, heroin or any salt, derivative or isomer thereof in the State of Florida, even a trace amount, is a felony offense. Anyone found in “simple possession” of under 4 grams of opiates 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 possession of, or of sale, manufacture, delivery of opiates, or of possession with intent to sell, manufacture or deliver opiates, commits a second degree felony punishable by up to fifteen (15) years in state prison (Florida Statute 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 opiates 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 opiates is applicable where the weight justifies imposition. Pursuant to Florida Statute 893.135(1)(c)(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 4 grams of opiates or of any mixture containing opiates but less than 30 kilograms of opiates 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 opiates. If the amount of opiates is between 4 and 14 grams then the offense carries a three (3) year minimum mandatory sentence and a $50,000.00 fine (Florida Statute 893.135(1)(c)(1)(a)). If the amount of opiates is either more 14 grams but less than 28 grams then the offense carries a fifteen (15) year minimum mandatory sentence and a $100,000.00 fine (Florida Statute 893.135(1)(c)(1)(b)). If the amount of opiates is either more than 28 grams but less than 30 kilograms then the offense carries a twenty-five (25) year minimum mandatory sentence and a $500,000.00 fine(Florida Statute 893.135(1)(c)(1)(c)). If the amount of opiates is more than 30 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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