Florida has some incredibly strict laws on the distribution and sale of controlled substances. Distribution includes the selling, transportation, and illegal import of unlawful substances, such as:
- Marijuana
- Cocaine
- Heroin
- Methamphetamines
If the substance is controlled, it usually means that the use and distribution of such a material are governed by law. These substances are also often classified at different levels under federal and state statutes. For example, distribution of marijuana (Schedule I controlled substance) is a slightly less severe charge than distributing cocaine (Schedule II) or anabolic steroids (Schedule III).
Federal and State Charges
Both the federal and state governments could charge you for drug distribution. Federally, controlled substances are governed by the Controlled Substances Act. However, federal law enforcement will be more focused on larger quantities of the drugs, particularly those that cross state lines. If you’re facing trafficking on top of distribution charges, you could be facing heavy prosecution on the federal level.
Proving the Charge
In both the federal and state cases, the prosecutor would have to prove that you knowingly participated in drug distribution activities. Additionally, a prosecutor would have to show that the drugs you might have been found with were defined as controlled substances in the state of Florida or in the United States.
Defenses
If you’re only facing distribution charges, the sentence will be slightly lighter than also facing trafficking violations. An excellent Florida criminal defense attorney will attempt to prove that you possessed the substance for personal use with no intent to distribute or sale. Likewise, entrapment set up by the police can look particularly bad for the prosecution, as would unlawful search and seizure in violation of the 4th Amendment.
Penalties
Drug distribution activities might be prosecuted as possession with intent to sell, which is a 3rd-degree felony. If you are convicted of this, you could face a prison term of up to 5 years and be fined up to $5,000. However, if you’re convicted of a 2nd-degree felony, you could be imprisoned for up to 15 years and be fined up to $10,000. If you have prior felony convictions, Florida will allow enhanced sentencing, which means that it could lead to an increase in the prison term.