Pursuant to Florida Statute 893.135 any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 4 grams or more of Oxycodone commits a felony of the first degree, which felony shall be known as “Trafficking in Oxycodone”.
Trafficking in Oxycodone is done by weight of the drug. If you are in possession of more than 4 grams of Oxycodone then you will be charged with Trafficking in Oxycodone.
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 Oxycodone based upon the weight of the mixture containing Oxycodone. Under Florida law, only the Office of the State Attorney can agree to waive the minimum-mandatory sentencing requirements.
|4 grams or more but less than 14 grams||3 year minimum mandatorysentence/$50,000.00 fine|
|14 grams or more but less than 28 grams||15 year minimum mandatorysentence/$100.00 fine|
|28 grams or more but less than 30 kilograms||25 year minimum mandatorysentence/$500.00 fine|
It is the actual weight of the pills itself and not just the active ingredient that determines the ultimate weight and thus the charge and penalties. In certain instances, a person in illegal possession of 10 Oxycodone pills can be charged with regular Possession of Hydrocodne while in other instances different 10 pills can land a person a trafficking in Oxycodone charge. It is all dependant on the total weight of the pills.
There are many possible defences to the charge of Trafficking in Oxycodone. 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.