Federal Drug Offenses

Florida criminal statutes prohibiting the possession and sale of controlled substances are the subject of much debate by criminal defense attorneys and the families of defendants serving lengthy prison sentences due to minimum mandatory drug trafficking laws.

Broward County Marijuana/Drugs Lawyer

Florida criminal statutes prohibiting the possession and sale of controlled substances are the subject of much debate by criminal defense attorneys and the families of defendants serving lengthy prison sentences due to minimum mandatory drug trafficking laws.

Our drug laws apply equally to illicit substances such as cocaine as they do to prescription medications such as those used for unintended medical purpose. Pain pills, medication designed to treat anxiety disorders and mood stabilizers have grown over the past decade to be the substance most often seen in drug trafficking arrests. The general public is unaware that a trafficking charge, prosecution and conviction may result from simply possessing an amount of medication in excess of that allowed under Florida law.

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A drugs quantity is measured by weight under Florida drug statutes. This weight is determined by the aggregate of the substance meaning that potency is not a mitigating factor. A specific pain medication dispensed in a tablet that is heavier per individual unit then a similar pain pill, generic or otherwise will require less from a quantitative standpoint to reach trafficking amounts.

Trafficking in illegal narcotics may be prosecuted on both the state and federal level, however in most cases, it is the local jurisdiction's state attorney's office that seeks conviction of individuals arrested. The United States attorney's office does prosecute certain trafficking offenses in Florida, however, chooses to exercise jurisdiction in far less arrests leaving the County state attorney's office to proceed on charges.

Read Articles on Criminal Defense by Fort Lauderdale, Florida Drug Crime Attorney William Moore

Both the state and federal laws prohibiting drug trafficking are similar with regard to what acts are prohibited, however, state sentences are significantly more lengthy than those mandated under federal law.

Controlled substances prescribed by a licensed physician may be possessed only where an individual has a valid prescription. Possession of medication without a prescription will give rise to an arrest for a felony in Florida.