First Time Drug Offender in Florida

A person without a criminal history may have the opportunity to resolve their drug possession case without a criminal conviction.  If the circumstances of the case seem to suggest drug selling or manufacturing, these opportunities are almost never offered.  Such options may include diversion programs like Pretrial Intervention or Drug Court.  A diversion program puts prosecution of the case on hold to provide an opportunity for drug or alcohol treatment.  These programs require that the person have a substance abuse problem that would benefit from drug or alcohol treatment.  Requirements include drug testing and other drug or alcohol treatment determined on a case by case basis.  If the program is successfully completed, charges are dropped.  However, if a person tests positive for drugs or alcohol, or otherwise violates the program's requirements, they would face prosecution just as they did before entering the diversion program.  Under some circumstances, these programs offer a risk-free chance at having charges dropped to maintain a clean criminal record.  If charges are dropped, a person may qualify to have their record sealed/expunged.

Possession vs. Trafficking in Florida

Contrary to common belief, drug trafficking in Florida does not have to involve crossing state lines with drugs, nor does it have to involve evidence of selling drugs.  The quantity (or weight) of drugs possessed by a person alone can be the source of a criminal charge for drug trafficking that has penalties far more severe than simple possession.

Penalties for Common Drug Offenses in Florida

Marijuana Penalties in Florida:

• Possession:

  • Less than 20 grams: maximum of one year in jail

  • More than 20 grams: maximum of 5 years in prison

• Trafficking:

  • More than 25 lbs, or more than 300 but less than 2,000 plants:

    • Minimum 3 years to Maximum 30 years prison

    • fine of $25,000

  • 2,000 lbs to 10,000 lbs, or more than 2,000 plants but less than 10,000 plants:

    • Minimum 7 years to Maximum 30 years in prison

    • fine of $50,000

  • 10,000 lbs or more, or 10,000 or more plants:

    • Minimum 15 years to Maximum 30 years in prison

    • fine of $200,000

• Sale:

  • Maximum 5 years in prison

  • fine of up to $5,000

Cocaine Penalties in Florida

• Possession:

  • Any amount under 28 grams: Maximum 5 years in prison, and fine of up to $5,000

• Trafficking:

  • 28 grams to less than 200 grams: Minimum 3 years to Maximum 30 years in prison, and fine of $50,000

  • 200 grams to less than 400 grams: Minimum 7 years to Maximum 30 years prison

  • 400 grams to less than 150 kilograms: Minimum 15 years to Maximum 30 years prison, and fine of $250,000

  • 150 kilograms or more: Life in prison

• Sale:

  • Maximum 15 years in prison, fine of up to $10,000

  • Within 1,000 feet of a park, school, or child care facility: Minimum 3 years to maximum 30 years in prison