F.S. 893.13, F.S. 893.135, F.S. 893.147, F.S. 777.04 – Florida Drug Crimes

In Florida, drug-related crimes can carry significant legal consequences, impacting a person’s future in various ways, from job opportunities to personal relationships. For individuals facing these charges in Fort Lauderdale, understanding the complex framework of Florida drug laws—particularly statutes like F.S. 893.13, F.S. 893.135, F.S. 893.147, and F.S. 777.04—is essential. These statutes cover a range of offenses from simple possession to trafficking and paraphernalia, each with unique elements, penalties, and defenses. 

An experienced Fort Lauderdale criminal defense lawyer can make all the difference in navigating this intricate legal landscape, ensuring the defendant's rights are protected and working toward the most favorable outcome possible.

Florida’s laws regarding controlled substances are primarily governed by Chapter 893 of the Florida Statutes, which covers offenses related to drug possession, trafficking, and paraphernalia.

Under Florida Statute 893.13, it is illegal to possess, manufacture, deliver, or distribute controlled substances. The degree of the charge depends on the type of substance and quantity involved.

To prove possession, the prosecution must demonstrate:

1. The defendant knowingly possessed a controlled substance.
2. The substance was illegal, as listed under Florida's controlled substances schedules.

Possession of a controlled substance can range from a first-degree misdemeanor (punishable by up to one year in jail and a fine) to a third-degree felony, which could result in up to five years in prison and substantial fines. Possession of small amounts of cannabis, for instance, is generally a misdemeanor, while possession of harder substances like cocaine or heroin often leads to felony charges.

One notable case, State v. Adkins (2012), upheld the constitutionality of Florida’s strict liability standard for drug possession, which does not require proof of intent to possess an illegal substance. This ruling emphasizes the importance of a strong defense strategy, as individuals can be convicted even if they were unaware that they were in possession of drugs.

Another relevant case is Conage v. U.S. (2022), a federal drug case in which the U.S. Supreme Court held that a completed purchase of illegal drugs necessarily entails the defendant buyer’s possession of the drugs – but only if the defendant both gave consideration for and obtained control of the drugs. 

Florida Statute 893.135 covers drug trafficking, which involves the sale, purchase, manufacture, or transportation of controlled substances in large quantities. This offense carries the most severe penalties among Florida drug laws.

To secure a trafficking conviction, prosecutors must establish:

1. The defendant knowingly engaged in selling, purchasing, manufacturing, or transporting a large quantity of a controlled substance.
2. The substance and amount meet specific trafficking thresholds (e.g., 25 pounds of cannabis or 28 grams of cocaine).

Drug trafficking is a felony with mandatory minimum prison sentences, which vary based on the type and amount of the substance. For example, trafficking in cocaine can result in a minimum sentence of three years in prison, while larger quantities may carry 25-year minimum sentences and hefty fines.

The Florida Supreme Court has held that constructive possession (i.e., not directly holding the drugs) requires proof that the defendant had control over the substance and knew of its presence. This ruling reinforces the importance of challenging possession evidence in trafficking cases, as indirect possession can be difficult for prosecutors to prove beyond a reasonable doubt.

Florida Statute 893.147 addresses the possession of drug paraphernalia, including any items used to manufacture, ingest, or distribute controlled substances.

To obtain a conviction, the prosecution must show:

1. The defendant was in possession of an item defined as paraphernalia.
2. The item was intended or used for a drug-related purpose.

Possession of drug paraphernalia is usually charged as a first-degree misdemeanor, with up to one year in jail and fines of up to $1,000.

A common defense against paraphernalia charges is arguing that the item was not intended for drug-related use. For example, a common household item, like a plastic baggie, could be argued as being used for non-drug purposes.

Florida Statute 777.04 covers crimes of attempt and solicitation, where individuals are accused of attempting to commit or encouraging others to commit drug-related offenses.

For a conviction, the prosecution must prove:

1. The defendant intended to commit a specific drug crime.
2. The defendant took a substantial step toward completing the offense (attempt) or solicited another person to commit it.

Attempted drug crimes often carry penalties reduced by one level compared to the completed crime. However, solicitation may be penalized according to the penalties of the completed offense if the solicitation was direct and intentional.

Defenses for solicitation or attempt may include lack of intent or withdrawal from the attempted crime. A strong argument might be that the defendant changed their mind before taking any substantial action toward the crime.

Navigating Florida’s drug statutes requires a nuanced understanding of legal procedures and case law. An experienced criminal defense lawyer can play a critical role by:

1. Challenging Evidence. For possession or trafficking charges, an attorney can question the legality of searches and seizures, challenge lab results, or argue that the prosecution lacks evidence for knowing possession.
2. Negotiating Reduced Sentences. An attorney familiar with local prosecutorial policies may negotiate plea deals for alternative sentences, such as diversion programs, probation, or reduced charges for minor offenses.
3. Defending Intent and Knowledge. Particularly in cases of constructive possession or paraphernalia charges, a skilled lawyer can argue that the defendant was unaware of the drugs or intended the item for legal uses.
4. Addressing the Impact of Conviction. A drug conviction can affect everything from housing and employment opportunities to financial aid eligibility. A defense lawyer will work to avoid or minimize these collateral consequences.

In recent years, some Florida prosecutors have shifted their approach toward minor drug offenses, particularly with marijuana possession. With an increase in public support for cannabis legalization, some jurisdictions in Florida now offer alternatives like diversion programs or deferred prosecutions for small amounts of marijuana. However, despite these changes, Florida’s laws remain strict on more serious drug offenses, especially trafficking, and even minor offenses can still result in significant consequences.

You Still Need an Experienced Lawyer. 

Even in areas where prosecution for minor offenses may be more lenient, having a knowledgeable lawyer is crucial. Attorneys can help ensure fair treatment, access diversion programs, and advocate for defendants’ rights in cases where law enforcement may overstep. Moreover, for charges related to more serious drugs like cocaine, heroin, or methamphetamine, prosecutors continue to push for strict enforcement, making strong legal representation essential.

Ensuring that defendants are represented by knowledgeable legal counsel is key to navigating these charges and mitigating the long-term impacts on their lives and livelihoods.

If you’re arrested in Fort Lauderdale, call The Ansara Law Firm today for your free initial consultation at (954) 761-4011.