By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 24, 2024
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The state of Florida takes a firm stance on drug-related offenses. It reflects the state’s ongoing efforts in fighting against illegal drug use and trafficking.
This article looks at Florida’s cocaine laws. It offers comprehensive information for those looking to understand the penalties for drug possession and sale of cocaine in Florida.
Florida law classifies cocaine as a Schedule II controlled substance. This comes from the Controlled Substances Act, mirrored by Florida laws. Other controlled substances under Schedule II are morphine, methamphetamine, amphetamines, fentanyl, and cocaine.
The drug Schedule in Florida has five categories.
Schedule I 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).
Schedule II 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.
Schedule III and IV are substances with a lower risk of drug abuse and dependence. This includes medications such as codeine, lorazepam, diazepam, and phenobarbital.
Schedule V has the lowest risk for drug abuse. This includes over-the-counter medications with minimal amounts of opium, codeine, and ethylmorphine.
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.
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.
Florida laws charge the possession of cocaine 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.
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 with a penalty of up to 15 years of jail time and up to a $10,000 fine.
Under Florida statute, possession of cocaine 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 of cocaine carries a mandatory minimum sentence depending on the grams of cocaine.
The penalty for the sale of cocaine in Florida carries a more stringent penalty compared with possession.
Florida law charges the sale of any amount of cocaine as a second-degree felony. It carries imprisonment of up to 15 years of prison sentence and a fine of $10,000.
Drug laws list certain circumstances that increase the penalties for the sale of cocaine.
Federal laws can also prosecute offenders guilty of illegal sale of cocaine. This applies, in particular, to cases with large quantities of cocaine or those that cross state lines.
Note: State laws are subject to change. While we strive to provide the most current information and sentencing guidelines, we recommend you consult an attorney or conduct thorough research to verify the state or federal law(s) you are researching.
Being involved in drug crimes can be overwhelming and daunting. If you or someone you know is facing drug charges in Florida, seek legal advice from a criminal defense lawyer. They can help you understand the drug offense and review your case. An experienced criminal defense attorney can also represent you in drug court. Whether you’re in Orlando or Miami, there are law offices near you.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Florida attorneys offer free consultations for Drug Crime.
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