Florida Statute, Section 893.13(1)(b)
If you have been charged with Sale, Purchase, Delivery or Possession of Illegal Drugs in Excess of Ten Grams, under Florida Statute, Section 893.13(1)(b), you are facing a first-degree felony. If you are convicted of this first-degree felony, you could spend as much as 30 years in prison, up to 30 years of probation, and be sentenced to a maximum fine of $10,000. Under this statute, a person may not sell or deliver in excess of 10 grams any substance which is named or described in Florida Statutes, Section 893.03(1)(a) or (1)(b), more specifically:
- Schedule One substances, which have a high potential for abuse, and no accepted medical use. Further, Schedule One drugs do not meet accepted safety standards when used under medical supervision. The following substances are considered Schedule One controlled substances: Acetyl-alpha methylfentanyl; Acetylmethadol; Allylprodine; Alphacetylmethadol; Alphamethadol; Alpha-methylfentanyl; Alpha-methylthiofentanyl; Alphameprodine; Benzethidine; Benzylfentanyl; Betacetylmethadol; Beta-hydroxyfentanyl; Beta-hydroxy-3-methylfentanyl; Betameprodine; Betamethadol; Betaprodine; Clonitazene; Dextromoramide; Diampromide; Diethylthiambutene; Difenoxin; Dimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; Etonitazene; Etoxeridine; Flunitrazepam; Furethidine; Hydroxypethidine; Ketobemidone; Levomoramide; Levophencylmorphan; Desmethylprodine; 3-Methylfentanyl; 3-Methylthiofentanyl; Morpheridine; Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; Para-Fluorofentanyl; Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; PEPAP; Piritramide; Proheptazine; Properidine; Propiram; Racemoramide; Thenylfentanyl; Thiofentanyl; Tilidine; Trimeperidine Acetylfentanyl; Butyrylfentanyl; Beta-Hydroxythiofentanyl or any of the following: Acetorphine; Acetyldihydrocodeine; Benzylmorphine; Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; Desomorphine; Dihydromorphine; Drotebanol; Etorphine; Heroin; Hydromorphinol; Methyldesorphine; Methyldihydromorphine; Monoacetylmorphine; Monoacetylmorphine; Morphine methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; Myrophine; Nicocodine; Nicomorphine; Normorphine; Pholcodine or Thebacon.
The above offense is just one of many which fall under Section 893 of the Florida Statutes. If you are charged with a drug offense, it will fall into one of the following categories:
- Possession of a controlled substance, whether actual possession or constructive possession;
- Selling a controlled substance (Evidence used to prove this crime concerns how the drugs were packaged or concealed and/or possession of paraphernalia suggesting sales);
- Manufacture of a controlled substances, such as a meth lab or a grow house for marijuana plants;
- Trafficking in a controlled substance, which usually concerns larger operations and very large quantities of narcotics. Mandatory minimum sentencing may come into play with trafficking offenses; and
- Possession of drug paraphernalia, which is considered to be any device or material which is designed for the “cultivation, ingestion, inhalation, storage, sale, production, compounding, planting, propagation, concealment or transportation” of a controlled substance.
Defenses to the Crime of Sale, Purchase, Delivery or Possession of Illegal Drugs in Excess of Ten Grams
Your Florida criminal defense attorney will determine the best defense on your behalf for your charges of Sale, Purchase, Delivery, or Possession of Illegal Drugs in Excess of Ten Grams. That being said, one or more of the following defenses could be applicable in your situation:
- The evidence against you was obtained illegally;
- The search and seizure was done without a valid warrant;
- The method used to identify the contraband was flawed;
- The amount of the controlled substance was not ten grams or more;
- You were entrapped by law enforcement;
- You were not actually in possession of the drug;
- The drugs were not yours;
- You had no control over the drugs; or
- You were mistakenly identified—i.e., you are innocent of the charges.
How a Criminal Defense Attorney from The Law Place Can Help
If you have been charged with Sale, Purchase, Delivery or Possession of Illegal Drugs in Excess of Ten Grams, it is extremely important that you contact a criminal lawyer from The Law Place as soon as you are charged. The sooner our criminal defense attorneys can start building a defense on your behalf, the better your chances of a positive outcome. The penalties and consequences for drug crimes in Florida are extremely serious—don’t leave your future to chance. Call 888-224-6114 today to ensure your rights and your future are properly protected.