Methamphetamine Trafficking convictions impose strict mandatory minimum prison sentences and hefty fines in the state of Florida.
According to Florida Statute 893.135(1)(f)(1), the crime of Trafficking in Methamphetamine has been committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 14 grams or more of any mixture containing methamphetamine.
If someone is apprehended trafficking in Methamphetamine, the minimum punishments they face are determined by the below Methamphetamine trafficking thresholds:
The trafficking weight is calculated by how much the methamphetamine mixture weighs, not by the percentage of pure methamphetamine in the mixture.
Methamphetamine Trafficking is considered a First Degree Felony and, depending on the amount of Methamphetamine confiscated, is assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.
Under Florida law the minimum sentences are determined based on whether you are convicted of:
Trafficking in 14 to 28 grams of Methamphetamine
If a person is convicted of Trafficking in 14 grams or more, but less than 28 grams of Methamphetamine, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 3 years in prison and a $50,000 fine.
Trafficking in 28 to 200 grams, of Methamphetamine
If a person is convicted of Trafficking in 28 grams or more, but less than 200 grams of Methamphetamine, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 7 years in prison and a $100,000 fine.
Trafficking in over 200 grams of Methamphetamine
If a person is convicted of Trafficking in 200 grams or more of Methamphetamine, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 15 years in prison and a $250,000 fine.
According to Florida Statute 322.055, an individual convicted of Methamphetamine Trafficking will have their driver’s license suspended for six months by the Florida DHSMV.
According to Florida Statute 893.11, an individual convicted of Methamphetamine Trafficking will be subject to the immediate suspension of any Florida Professional License that authorizes the practicing of a profession or trade.
Entrapment takes place when an undercover officer or confidential informant induces a person to commit a criminal act that the person would likely not have committed otherwise. If it can be proven that you were entrapped, a judge can dismiss all charges levied against you.
Illegal Search and Seizure
In many instances, police go beyond the scope of their authority and make people submit to vehicular, home, or body searches; or coerce a person into agreeing to a search. If it can be proven that either instance occurred, the judge will suppress the resulting evidence, since it was obtained illegally.
The prosecution can only prove you were in the possession of Methamphetamine with the intent to traffic in one of two ways:
Actual Possession - In order to prove that you actually possessed Methamphetamine, the prosecutor needs to show evidence that the Methamphetamine was found on your person.
Constructive Possession - If the Methamphetamine was found in a place where multiple people had access, the prosecutor would have a much harder time proving you possessed the Methamphetamine since they would be required to comply with the law of constructive possession.
Constructive possession necessitates that the prosecutor prove each of three distinct elements before you can be convicted:
If you or someone you know has been arrested for Methamphetamine Trafficking and needs legal assistance, please call us at 386-222-6677 so we can promptly begin defending your case.