Florida Heroin Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed October 25, 2024

Florida's heroin laws aim to curb the illegal possession, sale, and distribution of this dangerous opioid. Due to heroin's high potential for drug addiction, drug abuse, and other health risks, the state imposes severe fines and penalties.

This article provides a comprehensive overview of Florida’s heroin laws. It details the penalties associated with the possession, sale, and trafficking of heroin.

General Florida Heroin Laws

Both federal and state law classifies heroin as a Schedule I controlled substance. This drug schedule reflects heroin’s high risk for drug abuse and the lack of accepted medical use.

Although heroin is illegal under both federal and state law, the state often prosecutes these types of cases. Some jurisdictions have specialized drug courts to prosecute drug cases. Drug courts can provide alternative sentencing options, such as attending mandatory treatment programs instead of prison sentences.

Florida Comprehensive Drug Abuse Prevention and Control Act

The Florida Comprehensive Drug Abuse Prevention and Control Act regulates the use, control, and distribution of drugs within the state. It categorizes controlled substances into drug schedules.

The laws arrange the drug schedule depending on their potential for substance abuse and accepted medical use. It outlines different penalties for illegal possession and distribution of controlled substances. It also covers drug trafficking.

Florida Statutes sections 775.082 and 893.01 detail Florida drug laws, which cover various cases related to controlled substances. Given how confusing legalese is, consider speaking with a Florida drug crimes attorney if you have questions.

Possession of Heroin

Possession of heroin is a third-degree felony under Florida law. The prosecutor must prove beyond reasonable doubt that the accused had control over the substance. The accused should likewise know about the nature of the substance as an illegal drug. The possession charges can either be actual possession or constructive possession.

Actual possession is when the person has direct physical control over the substance. Under drug law, this indicates that the drug is on the physical body of the person. Examples include in their pocket or located within their reach.

Constructive possession is when the controlled substance is found in a place that the person has control over. Locations that qualify include the person’s home, their vehicle, or a storage locker.

Possession of heroin is a third-degree felony with a corresponding penalty of up to five years of prison sentence and a $5,000 fine. Florida statute likewise adds a mandatory suspension of driver’s license as a penalty for those found in drug possession of heroin.

Sale and Manufacturing of Heroin

Sale is the act of transferring possession of a controlled substance from one person to another in exchange for money or other benefit. Manufacturing means means the preparation, production, cultivation, growing, conversion, or processing of controlled substances. This also includes activities associated with labeling or packaging of the drugs.

Florida laws classify the sale or manufacturing of heroin as a second-degree felony. The penalty for these drug charges can include up to 15 years of prison sentence and a fine of up to $10,000. The law also adds a mandatory suspension of driver’s licenses for those convicted of this drug crime.

Drug Trafficking of Heroin

Florida statute defines drug trafficking as the possession, sale, manufacturing, delivery, or transport of controlled substances above the threshold amount. The prosecution should prove that the defendant was aware that they possessed, sold, purchased, manufactured, delivered, or transported four grams or more of heroin or other opioid derivatives.

Threshold Amounts

The following details the mandatory minimum sentence for drug trafficking charges. The prison sentence and fines depend on the amount of heroin involved:

More than four grams but less than 14 grams: Three years in prison and up to a $50,000 fine
More than 14 grams but less than 28 grams: 15 years in prison and up to a $100,000 fine
28 grams to 30 kilograms: 25 years in prison and up to a $500,000 fine
30 kilograms or more: Life in prison and up to a $500,000 fine

Note: Florida state laws are subject to change. While we strive to provide the most current information and sentencing guidelines, it is recommended that you consult an attorney to learn how Florida law applies to your unique situation.