Drug Crime Penalties in Tampa, FL
Tampa Drug Defense Lawyer
Florida Statute 893.13 contains most of penalties for drug crimes. A quick review of this statute will demonstrate how difficult it can be to determine what crimes, and even what penalties, will apply to a particular factual situation. Below is a list of some of the common crimes and penalties for drug offenses. Usually, the first question that must be asked is what schedule does the drug in question fall into.
All controlled substances in Florida are categorized by a schedule. A particular drug can classified as a schedule one, two ... and so on up to schedule five. A drug is assigned a particular schedule based upon several factors such as potential for abuse and whether there is an accepted medical use for the drug.
Common Penalties for Drug Offenses in Florida
To avoid having to look through the all the drug schedules to find a particular drug and then match up the drugs statute section number with a penalty provision, we have listed the penalties below by drug name.
Marijuana:
- Possession of 20 grams or less of marijuana = misdemeanor first degree (Max. one Year jail)
- Possession of more the 20 grams of marijuana but less than 25 lbs = felony third degree (Max. five yrs prison)
- Possession of over 25 lbs or more is trafficking. See trafficking penalties
Possession of all other controlled substances is a felony third degree.
For amounts to possess for the offense to become trafficking please see trafficking penalties.
Sell, Manufacture, Deliver, or Possess with intent to sell, Manufacture or deliver any of the following controlled substances is a third degree felony (Max. five years in prison).
If any of these substances are sold, manufactured, delivered or possessed with intent to sell, manufacture or deliver within 1000 feet of a child care facility, school, park, community center, college, university, church, religious organization, public housing, or adult assisted living facility, then the offense is enhanced to a second degree felony (Max. 15 years prison).
- Marijuana
- Amphetamines
- Anabolic Steroids
- Testosterone
- Alprazolam
- Clonazepam
- Diazepam
- Lorazepam
Sell, Manufacture, Deliver or Possess with intent to sell, Manufacture or deliver any of the following controlled substances is a second degree felony (Max. 15 years in prison).
If any of these substances are sold, manufactured, delivered or possessed with intent to sell, manufacture or deliver within 1000 feet of a child care facility, school, park, community center, college, university, church, religious organization, public housing, or adult assisted living facility, then the offense is enhanced to a first degree felony (Max. 30 years prison).
- MDMA
- Flunitrazepam (roofies)
- Heroin
- GHB
- GBL
- Cocaine
- Raw opium
- Codeine
- Hydrocodone
- Hydromorphone
- Oxycodone
- Morphine
- Methadone
- Methamphetamine
Contact a Drug Crime Attorney in Tampa
The Law Office of Timothy Hessinger offers professional and aggressive drug crime defense to the Tampa Bay community. Attorney Tim Hessinger is a former state prosecutor with years of experience in addressing drug crimes. Because Attorney Hessinger was formerly involved in charging suspects at the State Attorney's Office, our team is intimately aware of the state penalties that relate to drug convictions. In his years as a criminal defense attorney representing clients in court, he has also become well-versed in the Sentencing Guidelines known as the Criminal Punishment Code.
Our experience has shown that early involvement by an attorney can have a significant impact on the outcome of the case. Some charges require mandatory prison time, while in others the judge has more flexibility in sentencing. Early involvement in the case, prior to the filing of formal charges, can influence the charging decision and resolve the matter for our client. With mitigating evidence, we may induce the prosecutor to reduce the charge to one that allows probation rather than mandatory jail time. It is imperative that you contact our firm as soon after the arrest as possible so that we can take early defense action in your case.
Contact a Tampa drug crime lawyer at the firm for a free confidential consultation about
penalties for drug crimes in Tampa.