How Many Years Do You Get for Fentanyl Trafficking in Florida?
Trafficking of any drug is a serious offense in Florida, but fentanyl trafficking carries particularly harsh penalties. Authorities aggressively pursue fentanyl trafficking cases because trafficking suggests that the person is not only using but also distributing it, whether by manufacturing, selling, or transporting it. Simply possessing a large quantity can lead to trafficking charges, even without intent to sell. Fentanyl is highly lethal, contributing to nearly 30,000 deaths annually in the U.S. Due to its dangers, Florida enforces strict mandatory minimum sentences and heavy fines for those convicted. If you’re facing fentanyl trafficking charges, here’s what you need to know about potential prison time and legal consequences.
What Is Fentanyl?
Fentanyl is a synthetic opioid, 75 times stronger than morphine, initially intended as a prescription for severe pain, such as in cancer treatment. However, the drug has a high potential for abuse and is therefore classified as a Schedule II controlled substance.
Under Florida Statutes 893.135, a person can be charged with fentanyl trafficking if they knowingly purchase, possess, manufacture, transport, sell, or deliver four grams or more of the drug or its derivatives.
How Long Is a Sentence for Fentanyl Trafficking in Florida?
Fentanyl trafficking is a first-degree felony, ranked as Level 8 or Level 9 under Florida’s Criminal Punishment Code. Florida enforces mandatory minimum prison sentences and fines based on the amount of fentanyl involved. The penalties are as follows:
- 4 to less than 14 grams: 7 years in prison and a $50,000 fine
- 14 to less than 28 grams: 20 years in prison and a $100,000 fine
- 28 grams or more: 25 years in prison and a $500,000 fine
In cases where fentanyl is contained in a mixture, the sentence is typically determined by the total weight of the mixture, not just the pure drug present. It’s also worth noting that while a judge can issue a harsher sentence than the above, they cannot go below the mandatory minimum sentence unless the prosecution waives it. On average, fentanyl trafficking sentences last 64 months.
Can a Fentanyl Offender Be Released Early?
Yes, but only to an extent. Florida law allows incentive gain time, meaning inmates can reduce their sentence through good behavior. However, they must serve at least 85% of their mandatory minimum sentence before being eligible for release.
Other Consequences of Fentanyl Trafficking
Prison time and fines aren’t the only penalties for fentanyl trafficking. If you are convicted, you also face other just as severe consequences, including the following:
Six-Month Driver’s License Suspension
- Loss of professional license
- Difficulty finding employment and housing because of the felony conviction
- If involved in a large trafficking case, you may be prosecuted on a federal level, resulting in even longer sentences.
Defense Strategies in Florida Fentanyl Trafficking Cases
Even in serious cases, there are legal defenses that your attorney can apply that may help reduce or dismiss charges, including:
- Entrapment, in case a law enforcement officer tricked or pressured you into committing a crime.
- Illegal search and seizure where an unlawful search was conducted
- Lack of evidence as the prosecution must prove possession of the drugs beyond a reasonable doubt.
Contact an Orlando Drug Trafficking Lawyer Today
If you or someone you know is facing fentanyl trafficking charges in Florida, contact our skilled Orlando drug trafficking lawyer at Joshi Law Firm, PA, as soon as possible to discuss your legal options and explore potential defenses for the best outcome.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.135.html
