Pursuant to Florida Statute 893.135(1)(k) any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of any of 3,4 Methylenedioxymethamphetamine (MDMA); individually or in any combination of or any mixture commits a felony of the first degree, which felony shall be known as “trafficking in Phenethylamines,”
To prove the crime of Trafficking in MDMA, the State must prove the
following three elements beyond a reasonable doubt:
- The accused knowingly sold, purchased, manufactured, delivered, brought into Florida, or possessed a certain substance.
- The substance was Methylenedioxymethamphetamine (MDMA) or a mixture containing Methylenedioxymethamphetamine (MDMA).
- The Methylenedioxymethamphetamine (MDMA) or mixture containing Methylenedioxymethamphetamine (MDMA) weighed 10 grams or more.
The sentencing guidelines for drug trafficking charges are harsh and severe. Drug trafficking is a first degree felony, punishable by up to 30 years in Florida State Prison. Florida imposes minimum-mandatory prison sentences and fines for people convicted of Trafficking in MDMA based upon the weight of the mixture containing MDMA. Under Florida law, only the Office of the State Attorney can agree to waive the minimum-mandatory sentencing requirements.
MDMA (the following represent “Trafficking in MDMA”, all of which are First Degree Felony Charges):
Mandatory Minimum Sentence
|10 grams or more, but less than 200 grams||
3 Years + $50,000 fine
|200 grams or more, but less than 400 grams||
7 Years + $100,000 fine
|400 grams or more, but less than 30 kilograms||
15 Years + $500,000 fine
There are many possible defences to the charge of Trafficking in MDMA. For more information on these possible defenses read Defenses to a Drug Charge.
For a free consultation to see how David J. Sobel can defend you, contact Mr. Sobel at 954-383-3000. You will be able to speak directly with Mr. Sobel 24/7.