Here at Smith & Eulo we have the best drug trafficking defense lawyers, with over 100 years of combined experience. Smith & Eulo’s attorneys are ready to represent you or your loved one, Contact us today, and we will hear your side of the story and strategize the best defense tailored to your specific situation.

Whether you or your loved one have been charged with a small first-time drug dealing offense or a major drug trafficking offense, the State of Florida has no lenience for drug-related crimes. Having an experienced attorney on your side can help reduce or even dismiss your charges for illegal possession of drugs and drug trafficking.

Drug Trafficking in Orlando FL

What is Illegal Possession of Drugs?

To be charged with illegal possession of a controlled substance the individual must have possession of a drug or controlled substance without having a legal justification or permission. As you can see, you can be charged with illegal possession of a controlled substance by simply carrying someone else’s medication. However, the State’s prosecutor must prove that you knowingly possessed the drug. To prove that an individual knowingly possessed a controlled substance the prosecution does not have to show the accused knew the drugs were controlled or that possession in such circumstance was illegal. The prosecutor can show this based on the circumstances of the case, an individual does not necessarily need to have made actual incriminating statements or even have used the drugs.

Possession is proven by actual physical control over the illegal drug or control over a place of access to the substance. An individual may be convicted of possession if the prosecutor can show the person had a minimum control over the substance. A common way a person can be charged with possession of drugs is when you share a space, such as a home with someone else and your roommate is in possession of drugs, but because you also live in the house where the drugs were found the prosecutor may charge you with possession of illegal drugs. Having an experienced attorney on your side in such cases is important to dismiss such charges. The prosecutor will have to show you have control over the drugs and make incriminating statements about the substance.

Can Possession Turn to Distribution Charges?

When someone is charged with possession of illegal drugs the prosecutor may also charge them with possession with intent to distribute, which is a more serious conviction. Intent to distribute charges is based on the quantity of drugs possessed if the amount is too large for personal use. When accused of drug possession with intent to distribute the prosecutor will look at the evidence such as having possession of a large quantity of cash, packaging materials, text messages showing the exchange of information with possible customers, a list of clients, and so on.

When charged with distribution the penalties are higher than if charged with simple drug possession. It is important to note that drug distribution also includes the distribution of prescription drugs such as painkillers and sleeping pills. The enforcement of laws related to drug offenses is controlled by the Drug Enforcement Administration (DEA), or the Department of Health and Human Services (HHS).

The Controlled Substance Act (CSA) considers distribution as drug trafficking, meaning that it includes the sale, transport, or importation of illegal drugs. The act defines what is considered a drug or substance by dividing it into five schedules such as:

(1)  Schedule I. (A) The drug or other substance has a high potential for abuse. (B) The drug or substance has not been accepted for medical use in the United States. (C) The drug or substance has not been accepted for safe use under medical supervision.

(2) Schedule II. (A) The drug or other substance has a high potential for abuse. (B) The drug or other substance has been accepted for medical use in treatments in the United States but with severe restrictions. (C) Abuse of the drug or other substances may lead to severe psychological or physical dependence.

(3) Schedule III. (A) The drug or other substance has a potential for abuse less than the drugs or other substances in schedules I and II. (B) The drug or other substance has currently been accepted for medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to moderate or low physical dependence or high psychological dependence.

(4) Schedule IV. (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule III. (B) The drug or other substance has been currently accepted for medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule III.

(5) Schedule V. (A) The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule IV. (B) The drug or other substance has a currently accepted medical use in treatment in the United States. (C) Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV.

What amount of drug possession is considered trafficking in Florida?

  The State of Florida laws establish the specific terms of imprisonment based on the type of drug and the quantity of the drugs involved in the trafficking. Certain trafficking offenses include mandatory minimum sentences. The minimum sentence will be determined by the quantity of drugs involved. Here are some examples of the most common types of drug trafficking charges.

For the possession of marihuana, any person who knowingly sells, purchases, manufactures, delivers, or brings the drug in the State of Florida, or who is knowingly in actual or constructive possession of more than 25 pounds of marihuana, or 300 or more marihuana plants will have committed a felony of the first-degree punishment. The quantity of the drugs will determine the sentencing.

  • Excess of 25 pounds, but less than 2,000 pounds: The mandatory minimum imprisonment is 3 years with a fine of $25,000
  • 2,000 pounds or more, but less than 10,000 pounds: The mandatory minimum imprisonment is 7 years, with a fine of $50,000
  • 10,000 pounds or more: The mandatory minimum imprisonment is 15 years with a fine of $200,000

Possession of 28 grams or more of cocaine: The felony will be considered a first-degree punishable by the amount involved. The following guideline is used by the courts when determining the sentencing and fine to be paid:

  • Excess of 28 grams, but less than 200 grams: The mandatory minimum imprisonment is 3 years, and the defendant will have to pay a fine of $50,000
  • 200 grams or more, but less than 400 grams: The mandatory minimum imprisonment is 7 years and a fine of $100,000
  • 400 grams or more, but less than 150 kilograms: The minimum term of imprisonment is 15 years and a fine of $250,000

Another common drug that defendants are charged with is the distribution or possession of hydrocodone. For the possession or distribution of hydrocodone the following guideline is used by the courts when determining the sentencing and fine to be paid:

  • Excess of 28 grams or more, but less than 50 grams: The mandatory imprisonment is 3 years with a fine of $50,000
  • 50 grams or more, but less than 100 grams: The mandatory imprisonment is 7 years fine of $100,000
  • As for 100 grams or more, but less than 300 grams: The mandatory imprisonment is 15 years and a fine of $500,000
  • For 300 grams or more, but less than 30 kilograms, the minimum imprisonment is 25 years and a fine of $750,000

 How can I have my drug charges dropped?

An experienced defense attorney can help you have your drug-related charges dropped by challenging the actions of the defendant and the arresting cops after the person was already charged. The primary goal of the defense attorney is to have the charges dropped and the case dismissed due to police misconduct, breaches of due process during an arrest or investigation, and entrapment set up by police. Another option is to help the defendant by negotiating the best plea deal for your case or negotiating a deal for police cooperation.

If you or your loved one find themselves in a situation where you are being accused of Drug Trafficking, call us right away at 407-930-8912 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Orlando location, we have offices in the following cities across the state of Florida:

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