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Is Using Drugs a Different Charge Than Selling Drugs?

Over the past decade, drug crime penalties have increased in severity. Even at the federal level, drug laws prohibit the possession and distribution of drugs including marijuana, methamphetamine, ecstasy, cocaine, and heroin. In both the federal and state criminal justice systems, the penalties vary significantly if a person possess a controlled substance or if a person is distributes them. The Fort Lauderdale drug crime defense attorneys at Rudenberg and Glasser, P.A. have gathered the various penalties for using drugs and for selling drugs in Florida.

Florida Drug Possession Laws

Using drugs or drug possession is an offense committed by someone who didn’t manufacture, distribute, or sell the controlled substance, but instead is only charged for using it. Simply for drug possession, the charges can vary significantly depending on the circumstances of the crime.

Drug possession charges in Florida include the following:

  • 1st Degree Misdemeanor Possession: This can be charged for up to 20 g of marijuana, (except for medical marijuana). This is subject to at least one year in jail, plus court costs. Those with at least¬†four prior convictions may be sentenced to one year in jail, mandatory treatment, or home detention.
  • 3rd Degree Felony: This can be charged for more than 20 g of marijuana. A person may face up to five years in prison and $5,000 in fines.
  • 1st Degree Felony: ¬†This is when a person has more than 25 lbs. of marijuana; more than 28 g of cocaine; more than 10 g of MDMA/ecstasy; more than 1 g LSD; more than 4 g heroin/opiate. A person may face up to 30 years in prison and up to $250,000 in fines.

Florida Drug Distribution Laws

The state of Florida has a separate set of laws for selling drugs. In such cases, a prosecutor must show that the person accused “knowingly” participated in drug trafficking activities and possessed large amounts of a controlled substance with the intent to sell. Drug distribution can result in a variety of sentences.

Drug distribution charges in Florida include the following:

  • 1st Degree Felony: Maximum of thirty years imprisonment. The penalties will vary depending on the type of drug and the quality of the drug involved in the trafficking activities.
  • 2nd Degree Felony: This may result in a term of imprisonment for up to fifteen years and a fine in of up to $10,000.
  • 3rd Degree Felony: The term of imprisonment can last for up to five years and may require a fine of up to $5,000.

Experienced Fort Lauderdale Drug Crime Defense Attorneys. Call Today (954) 543-1788

Regardless if you are accused of using or selling drugs, the penalties can affect your freedom, future, and financial security. For that reason, it is vital to have an experienced attorney on your side who can protect your rights and get the best possible results for your case. At Rudenberg and Glasser, P.A., we have extensive experience handling a variety of complex drug crime cases. You can be sure that your rights will be aggressively defended and that we will work toward getting your charges reduced or even dismissed. If you’ve been arrested for drug possession or drug distribution, contact our Fort Lauderdale drug crime defense attorneys as soon as possible. We are available to speak with you and answer your questions 24/7.

At Rudenberg and Glasser, P.A., we are proud to offer outstanding representation for our clients in Fort Lauderdale and surrounding areas. Call us today for a case review at (954) 543-1788!

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