Drug Crimes

The worst thing you can do is wait to speak with an attorney…

If you have been charged with a felony or misdemeanor by either the state or federal government regarding any type of drug crime including, possession, possession with intent to distribute, manufacture, cultivation or trafficking in drugs, contact the skilled and experienced criminal defense attorneys at the law firm of Siegel Siegel & Wright for a free consultation today. We have the experience, knowledge, and resources to effectively defend you against criminal drug charges. Securing the services of a high quality criminal defense team can save you months or years of anguish and may make the difference whether you face time in jail or not.

Roxicodone a/k/a Roxycodone, the new epidemic…

what is roxycodone

roxicodone a/k/a roxy's

What is roxycodone? In the 1980′s crack cocaine was an epidemic in the United States. Currently, the most frightening substance abuse epidemic facing South Florida is Roxycodone, also known as Roxy’s. Selling or simply being in possession of merely a handful of these prescription drugs can result in extreme minimum mandatory sentences in Florida for drug trafficking. If you are caught with a one month prescription of Roxycodone, just 14-28 grams by weight (about a handful), you could be facing 15 years in prison. In Florida it doesn’t matter that each pill may only have 25 milligrams of active ingredient in it, you are charged with the weight of the actual pill.

Drug trafficking is a very serious crime that becomes more serious as the quantities of the trafficked drug increase. Since prosecutors are more aggressively pursuing charges against individuals accused of drug trafficking, you need a qualified, experience and aggressive defense lawyer to ensure that your rights are protected.

If you have already been arrested with or believe you are under investigation for possession, drug trafficking, cultivating, importation, or manufacturing, contact the experienced attorneys at Siegel Siegel & Wright. Our criminal lawyers use their skill and knowledge to investigate the evidence, the validity of a search warrant, or an illegal search and seizure. We take the time to evaluate each case individually and use our experience to formulate an effective defense.

The law firm of Siegel Siegel & Wright offers aggressive legal defense for those facing federal drug trafficking and other drug charges involving all drugs, such as, heroin, cocaine, methamphetamines (meth), crack, ecstasy, roxycodone, and marijuana and designer drugs such as jwh-018, C2, and molly (MDMA). The attorneys at Siegel Siegel & Wright handle drug charges such as:

  • Drug Distribution
  • Drug Possession
  • Possession with Intent to Distribute
  • Drug Smuggling
  • Drug Cultivation
  • Drug Manufacturing
  • Drug Conspiracy
  • Prescription Fraud
  • Drug Trafficking

Florida’s Drug Laws Are Unconstitutional – maybe…

Circuit Courts in the 11th Circuit, Dade County, differ on the application of Shelton v. Secretary, Florida Department of Corrections. In Shelton, on July 27, 2011, the Federal District Court, Middle District, Florida, ruled Florida’s Drug Statute violates the federal due process clause because the Florida Drug Possession Law lacks a mens rea requirement. In contrast, on August 11, 2011, the Florida State Circuit Court, 11th Circuit, held in State v. Anderson that s. 893.13 Florida Statutes as amended in 2002, which added s. 893.101, Florida Statutes, does not make Florida’s Drug Possession law unconstitutional. The Court reasoned that Florida Circuit Court’s are required to follow Florida District Court’s of Appeal decisions on the same issue, not the Federal Courts, unless those decisions are from the United States Supreme Court or the Florida Supreme Court. Most of the Circuit Judges across Florida are following the Anderson ruling and similar decisions, but at least one Circuit Judge in Dade County has followed Shelton.

Current Florida Drug Laws:

Florida Statutes 893.13. Prohibited acts; penalties
(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) 4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c) 1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) 4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c) 1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

This paragraph does not apply to a child care facility unless the owner or operator of the facility posts a sign that is not less than 2 square feet in size with a word legend identifying the facility as a licensed child care facility and that is posted on the property of the child care facility in a conspicuous place where the sign is reasonably visible to the public.

(d) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private college, university, or other postsecondary educational institution. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) 4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c) 1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

(e) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) 4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c) 1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

(f) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public housing facility at any time. For purposes of this section, the term “real property comprising a public housing facility” means real property, as defined in s. 421.03(12), of a public corporation created as a housing authority pursuant to part I of chapter 421. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c) 4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c) 1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

(g) Except as authorized by this chapter, it is unlawful for any person to manufacture methamphetamine or phencyclidine, or possess any listed chemical as defined in s. 893.033 in violation of s. 893.149 and with intent to manufacture methamphetamine or phencyclidine. If any person violates this paragraph and:

1. The commission or attempted commission of the crime occurs in a structure or conveyance where any child under 16 years of age is present, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of 5 calendar years.

2. The commission of the crime causes any child under 16 years of age to suffer great bodily harm, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of 10 calendar years.

Minimum Mandatory Sentences

Drug Trafficking cases in Florida come with very serious minimum mandatory penalties. A minimum mandatory sentence means that, if convicted, the Judge may sentence the defendant to no less than the minimum mandatory sentence. No gain time, no early release, no parole. If you merely possessed a listed amount of a drug outlined in Florida Statute §893.135 then you may be charged with trafficking and face serious minimum mandatory sentences. It is that simple.

To outline some (but not all) specific drugs and their minimum mandatory amounts, see below:

  1. Cannabis (Marijuana)
    • 25+ pounds but less than 2,000 pounds (or 300 or more plants) = 3 year minimum mandatory sentence.
    • 2,000+ pounds but less than 10,000 pounds (or 2,000 or more plants) = 7 year minimum mandatory sentence.
    • 10,000+ pounds = 15 year minimum mandatory sentence.
  2. Cocaine
    • 28 grams to 200 grams = 3 year minimum mandatory sentence.
    • 200 grams to 400 grams = 7 year minimum mandatory sentence.
    • 400 grams to 150 kilograms = 15 year minimum mandatory sentence.
    • 150+ kilograms = life sentence.
  3. Oxycodone, Hydrocodine, Morphine, Opium and Hydromorphone
    • 4 grams to 14 grams = 3 year minimum mandatory sentence.
    • 14 grams to 28 grams = 15 year minimum mandatory sentence.
    • 28 grams to 30 kilograms = 25 year minimum mandatory sentence.
    • 30+ kilograms = life sentence.
  4. Phencyclidine (PCP or Angel Dust)
    • 28 grams to 200 grams = 3 year minimum mandatory sentence.
    • 200 grams to 400 grams = 7 year minimum mandatory sentence.
    • 400+ grams = 15 year minimum mandatory sentence.
  5. Methaqualone (Quaalude)
    • 200 grams to 5 kilograms = 3 year minimum mandatory sentence.
    • 5 kilograms to 25 kilograms = 7 year minimum mandatory sentence.
    • 25+ kilograms = 15 year minimum mandatory sentence.
  6. Amphetamine and Methamphetamine (Crystal Meth)
    • 14 grams to 28 grams = 3 year minimum mandatory sentence.
    • 28 grams to 200 grams = 7 year minimum mandatory sentence.
    • 200+ grams = 15 year minimum mandatory sentence.
  7. Flunitrazepam (Date Rape Drug)
    • 4 grams to 14 grams = 3 year minimum mandatory sentence.
    • 14 grams to 28 grams = 7 year minimum mandatory sentence.
    • 28 grams to 30 kilograms = 25 year minimum mandatory sentence.
    • 30+ kilograms = life sentence.
  8. GHB (gamma-hydroxybutyric acid), GBL (gamma-butyrolactone) and 1,4-Butanediol
    • 5 kilogram to 5 kilograms = 3 year minimum mandatory sentence.
    • 5 kilograms to 10 kilograms = 7 year minimum mandatory sentence.
    • 10+ kilograms = 15 year minimum mandatory sentence.
  9. LSD (lysergic acid diethylamide)
    • 1 grams to 5 grams = 3 year minimum mandatory sentence.
    • 5 grams to 7 grams = 7 year minimum mandatory sentence.
    • 7+ grams = 15 year minimum mandatory sentence.