Trafficking in Hydrocodone in Florida

Florida imposes mandatory minimum prison sentences on people convicted of Trafficking in Hydrocodone.

Florida imposes mandatory minimum prison sentences and stiff fines for people convicted of Trafficking in Hydrocodone.

Under Florida Statute 893.135(1)(c)(2), the crime of Trafficking in Hydrocodone is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 28 grams or more of hydrocodone.

Hydrocodone Trafficking Thresholds

If a person is caught Trafficking in Hydrocodone, the minimum penalties they face are determined by the following Hydrocodone trafficking thresholds:

• 28 to 50 grams of Hydrocodone;
  • 3 years prison / $50,000 fine
• 50 to 100 grams of Hydrocodone;
  • 7 years prison / $100,000 fine
• 100 grams to 300 kilograms of Hydrocodone;
  • 15 years prison / $500,000 fine
• 300 grams to 30 kilograms of Hydrocodone;
  • 25 years prison / $750,000 fine

Weight Determination

The trafficking weight is determined by the aggregate weight of the Hydrocodone pills, not by the combined dosages.

As a result, a person could have 30 Hydrocodone pills whose combined dosage is less than 28 grams of Hydrocodone, but because the pills weigh more than 28 grams, the person would be guilty of Trafficking in Hydrocodone instead of simple Possession of Hydrocodone.

Penalties for Trafficking in Hydrocodone

The crime of Trafficking in Hydrocodone is a First Degree Felony and, depending on the amount of hydrocodone, is assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.

Under Florida law, unless the State Attorney agrees to waive the mandatory minimum sentencing requirements, the minimum sentences depends on whether you are convicted of:

• Trafficking in 28 to 50 grams of Hydrocodone
• Trafficking in 50 to 100 grams of Hydrocodone
• Trafficking in 100 to 300 grams of Hydrocodone
• Trafficking in 300 to 30 kilograms of Hydrocodone

Trafficking in 28 to 50 grams of Hydrocodone

If convicted of Trafficking in 28 grams or more, but less than 50 grams, of Hydrocodone, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 36 months in prison and a $50,000 fine.

Trafficking in 50 to 100 grams of Hydrocodone

If convicted of Trafficking in 50 grams or more, but less than 100 grams, of Hydrocodone, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 7 years in prison and a $100,000 fine.

Trafficking in 100 to 300 grams of Hydrocodone

If convicted of Trafficking in 100 grams or more, but less than 300 grams, of Hydrocodone, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 15 years in prison and a $500,000 fine.

Trafficking in 300 grams to 30 kilograms of Hydrocodone

If convicted of Trafficking in 300 grams or more, but less than 30 kilograms, of Hydrocodone, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 25 years in prison and a $750,000 fine.

Mandatory Minimum Sentences

In drug trafficking cases, the statutorily required mandatory minimum sentence acts as the sentencing floor and a judge cannot sentence a person convicted of drug trafficking below the statutorily required mandatory minimum sentence.

However, mandatory minimum drug trafficking sentences are eligible for incentive gain time and a person will only have to serve 85% of the mandatory minimum sentence provided they don't forfeit any of the gain time due to bad behavior while in prison. [1]

Driver License Suspension

Pursuant to Florida Statute 322.055, a person convicted of Trafficking in Hydrocodone will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV.

Professional License Suspension

Pursuant to Florida Statute 893.11, a person convicted of Trafficking in Hydrocodone will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.

Defenses to Trafficking in Hydrocodone

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Trafficking in Hydrocodone include:

• Entrapment;
• Illegal Search and Seizure;
• Insufficient Evidence;
• Substantial Assistance; and
• Valid Prescription.

Entrapment

Entrapment occurs when an undercover law enforcement officer or confidential informant induces a person to commit a criminal offense that the person would otherwise have been unlikely to commit. If it can be shown you were entrapped, the court can dismiss the charges against you.

Illegal Search and Seizure

Often, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search when they otherwise would not be required to; coerce people into agreeing to a search; arrest people without probable cause; or obtain search warrants in bad faith.

If any of these can be proven through the filing of a Motion to Suppress, the courts will suppress the resulting evidence as having been illegally obtained in violation of the Fourth Amendment of the United States; which can lead to an outright dismissal of the case.

Insufficient Evidence

The prosecutor can only prove you possessed hydrocodone for the purposes of trafficking in one of two ways:

1. Actual Possession
2. Constructive Possession

Actual Possession

To prove that you actually possessed hydrocodone, the prosecutor has to show the hydrocodone was found on your person. So if the hydrocodone was found in your pocket, the prosecutor would have a case involving actual possession of hydrocodone.

Constructive Possession

On the other hand, if the hydrocodone was found in a place where more than one person had access, the prosecutor would have a much more difficult time proving you possessed the hydrocodone because they would have to comply with the law of constructive possession.

The law of constructive possession requires the prosecutor to prove each of three distinct elements before you can be convicted:

1. Knowledge the hydrocodone is present;
2. Knowledge the substance was hydrocodone; and
3. Dominion and control over the hydrocodone.

Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.

Scenario 1: You were stopped while driving a friend’s car and police found hydrocodone in the trunk, they would be unable to convict you of Trafficking in Hydrocodone unless they had some proof that you knew the hydrocodone was there.

Scenario 2: You were stopped while driving a friend’s car and police found a pill bottle containing hydrocodone in the back seat, but in plain view. Unless they had some proof that you knew the bottle contained hydrocodone, they would be unable to convict you of Trafficking in Hydrocodone.

Scenario 3: You were driving your car, had a friend with you, and your friend takes a pill bottle containing hydrocodone and places it in the passenger side door pocket. The police then stop you, see your friend’s pill bottle, and arrest both of you. They should be unable to convict you of Trafficking in Hydrocodone because even though you knew the pill bottle was there, your friend is the only person who had dominion and control over it.

Substantial Assistance

While not technically a defense, Substantial Assistance is the most commonly utilized method to avoid the mandatory minimum sentencing required for the crime of Trafficking in Hydrocodone.

The state attorney is authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in trafficking in controlled substances.

This remedy is routinely offered pursuant to a “Substantial Assistance Contract” that requires you to “assist” law enforcement in arresting a specific amount of individuals involved in trafficking drugs within a limited period of time.

However, if you are unable to deliver the specified amount of people, you will be required to serve the applicable mandatory minimum prison sentence; regardless of how hard you tried to “assist” law enforcement.

Valid Prescription

While it seems obvious, many people are arrested for Trafficking in Hydrocodone when they are unable to immediately produce a valid prescription or a recently dispensed pill bottle. These arrests usually occur when law enforcement have stopped your for suspicious behavior and discover the Hydrocodone in an unconventional area.

However, a valid prescription is a complete defense to Trafficking in Hydrocodone if the trafficking charge is based solely on the amount of Hydrocodone you had in your possession. [2]

Contact Criminal Defense Lawyer Richard Hornsby

If you have been charged or arrested with the crime of Trafficking in Hydrocodone in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

1. Mastay v. McDonough, 928 So. 2d 512 (Fla. 1st DCA 2006)
2. Wagner v. State, 88 So. 3d 250, 252 (Fla. 4th DCA 2012)