Thursday, July 3, 2014

2014 Criminal Laws


Florida Statute §893.135 which governs Florida’s drug trafficking laws was enacted for the purpose of combatting high-level drug traffickers and dealers.  The penalties for violating any section of this statute were harsh.  Drug traffickers would be faced with minimum-mandatory periods of imprisonment and substantial fines.  On its face, this appeared to be an idea that would not be met with much opposition.

However, what the statute failed to take into account were the large numbers of addicts who would find themselves caught in this web for simply possessing a predetermined weight of drugs despite the fact that these individuals had no intent whatsoever to sell or traffic their drugs.  Things only got worse when the State of Florida cracked down on trafficking in prescription narcotics (oxycodone and hydrocodone) that individuals were obtaining from the so called “pill mills”, or worse yet, teenagers were gathering from their parent’s and grandparent’s medicine cabinets.  Now, individuals who otherwise had clean criminal records and who had previously been prescribed these narcotics for medical reasons and later became addicted found themselves facing substantial prison time.

Needlessly incarcerating these individuals who were never the target of Florida Drug Trafficking laws were costing taxpayers millions of dollars every year to incarcerate.  Many groups spoke in opposition arguing that society would be better served to provide these people with treatment versus incarceration. 

It appears that the Florida Legislature has finally listened.  After July 1, 2014, penalties will change for those charged with Trafficking in Hydrocodone and Trafficking in Oxycodone. 

Trafficking in Hydrocodone
Minimum Mandatory Sentence
4 grams or more, but less than 14 grams; after July 1, 2014 changed to 14 grams or more, but less than 28 grams
3 years + $50,000 fine
14 grams or more, but less than 28 grams; after July 1, 2014 changed to 28 grams or more, but less than 50 grams
15 years + $100,000 fine; after July 1, 2014 changed to 7 years + $100,000 fine
28 grams or more, but less than 30 kilograms; after July 1, 2014 changed to 50 grams or more but less than 200 grams
25 years + $500,00 fine; after July 1, 2014 changed to 15 years + $500,000 fine
Offenses after July 1, 2014: 200 grams or more, but less than 30 kilograms
25 years + $750,000 fine
 
 
Trafficking in Oxycodone
Minimum Mandatory Sentence
4 grams or more, but less than 14 grams; after July 1, 2014 changed to 7 grams or more, but less than 14 grams
3 years + $50,000 fine
14 grams or more, but less than 28 grams; after July 1, 2014 changed to 14 grams or more, but less than 25 grams
15 years + $100,000 fine; after July 1, 2014 changed to 7 years + $100,000 fine
28 grams or more, but less than 30 kilograms; after July 1, 2014 changed to 25 grams or more but less than 100 grams
25 years + $500,00 fine; after July 1, 2014 changed to 15 years + $500,000 fine
Offenses after July 1, 2014: 100 grams or more, but less than 30 kilograms
25 years + $750,000 fine
 

 

http://www.zlawfirmfl.com/drug-trafficking.html