{"id":372533,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-cocaine-laws.html"},"modified":"2024-10-24T11:22:38","modified_gmt":"2024-10-24T16:22:38","slug":"florida-cocaine-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-cocaine-laws.html","title":{"rendered":"Florida Cocaine Laws"},"content":{"rendered":"\n
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Florida Cocaine Laws<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The state of Florida takes a firm stance on drug-related offenses. It reflects the state\u2019s ongoing efforts in fighting against illegal drug use and trafficking.<\/p>\r\n

This article looks at Florida\u2019s cocaine laws. It offers comprehensive information for those looking to understand the penalties for drug possession and sale of cocaine in Florida.<\/p>\r\n

Schedule of Controlled Substances in Florida<\/b><\/h2>\r\n

Florida law<\/a> classifies cocaine as a Schedule II controlled substance. This comes from the Controlled Substances Act<\/a>, mirrored by Florida laws<\/a>. Other controlled substances under Schedule II are morphine, methamphetamine, amphetamines, fentanyl, and cocaine.<\/p>\r\n

The drug Schedule in Florida has five categories.<\/p>\r\n

Schedule I<\/b> are drugs that have no accepted medical use and have the highest risk for substance abuse. This includes drugs such as LSD, methaqualone, MDA, and psilocybin (mushrooms).<\/p>\r\n

Schedule II<\/b> controlled substance means that the drug has a high risk for substance abuse but has accepted medical use. It also has the risk of physical or psychological dependence if abused. This includes drugs such as cocaine, methamphetamine, amphetamine, morphine, oxycodone, and fentanyl.<\/p>\r\n

Schedule III and IV<\/b> are substances with a lower risk of drug abuse and dependence. This includes medications such as codeine, lorazepam, diazepam, and phenobarbital.<\/p>\r\n

Schedule V<\/b> has the lowest risk for drug abuse. This includes over-the-counter medications with minimal amounts of opium, codeine, and ethylmorphine.<\/p>\r\n

Cocaine being in Schedule II status means that the Florida statute makes the penalties for its sale, possession, and trafficking in cocaine among the most severe.<\/p>\r\n

What Are the Penalties for Possession of Cocaine in Florida?<\/b><\/h2>\r\n

The severity of penalties for possession of cocaine charges in Florida depends on the amount of cocaine and whether the offender has a criminal record.<\/p>\r\n

Simple Possession<\/b><\/h3>\r\n

Florida laws charge the possession of cocaine<\/a> in Florida, regardless of the quantity, as a third-degree felony. This drug crime carries a potential penalty of up to five years in prison and a $5,000 fine. The court may allow a diversion program or probation instead of imprisonment for first-time offenders.<\/p>\r\n

Possession With Intent to Sell<\/b><\/h3>\r\n

If the quantity of cocaine is big enough to suggest possession with intent to sell, or if there is other evidence that suggests the person in possession has an intent to sell cocaine, the penalty and charge increase significantly. Florida laws also charge this drug crime as a second-degree felony<\/a> with a penalty of up to 15 years of jail time and up to a $10,000 fine.<\/p>\r\n

Drug Trafficking<\/b><\/h3>\r\n

Under Florida statute, possession of cocaine<\/a> of more than 28 grams is automatically drug trafficking. The law applies this rule regardless of the actual intent of the person in possession. The penalty for drug trafficking<\/a> of cocaine carries a mandatory minimum sentence depending on the grams of cocaine.<\/p>\r\n