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When we think of a Daytona Beach drug trafficking charge often the perception is something like Cocaine Cowboys with a trunk load of drugs. With a prescription drug trafficking charge this could not be farther from the truth. Carrying just a couple days supplies of drugs like Oxycodone, Hydrocodone, Codeine, Morphine, Methadone, Fentanyl and Amphetamines can qualify as trafficking in prescription drugs. The problem with the drug trafficking laws in Florida is that the entire pill weight is used to determine the weight. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
Because the entire pill weight is used the accused can get charged for binder and acetaminophen in the pills. The actual drug is a small portion of the total weight. Pills with the same amount of scheduled substance but with different binder can end up exposing someone to a greater sentence. Daytona Beach prescription drug trafficking attorney Kevin J. Pitts has the experience to challenge the state's evidence and obtain the best possible outcome. Mr. Pitts was a former Daytona Beach prosecutor and has extensive criminal defense experience.
Daytona Beach Criminal Defense Lawyer
Kevin J. Pitts
747 S Ridgewood Ave,
Daytona Beach, FL 32114
Phone: 386-
daytonabeachcriminaldefense@gmail.com