Miami Drug Sale Attorney

Are you facing a drug sale charge in Miami? Feeling anxious, confused, and worried about your future is natural. Crimes related to illegal drugs can come with severe penalties in Florida, like jail time and heavy fines. Sale and delivery charges are among the drug crimes we defend in Miami. Although unauthorized possession of 20 grams or less of marijuana plant material is generally a misdemeanor, selling marijuana is generally a felony, even when the amount sold is small. Drug sale and drug distribution convictions have collateral consequences, such as driver’s license suspensions, licensing issues, and immigration concerns. Due to the severity of these drug offenses and the possible consequences, involving an experienced Miami drug sale attorney is crucial as soon as possible after an arrest.

What is a Controlled Substance?

According to Florida Statute 893.13, it is a crime for a person to sell or deliver a controlled substance to another person. But what is a controlled substance?miami drug sale

A controlled substance is a type of drug that the government regulates. Many controlled substances are typically illegal to possess, use, or sell under almost any circumstances. Other controlled substances are illegal to possess without a valid prescription or license. The government controls these substances because they can be dangerous and have a high potential for abuse.

Florida lists controlled substances in five schedules under Florida Statutes § 893.03. These classifications address accepted medical use, potential for abuse, and dependence. A substance’s schedule alone does not determine the penalty for selling or delivering it.

Examples from Florida’s schedules include:

  • Schedule I: heroin, LSD, and cannabis. Florida separately permits qualifying medical use of marijuana under state law.
  • Schedule II: cocaine, methamphetamine, and fentanyl.
  • Schedule III: certain codeine-containing prescription products, anabolic steroids, and ketamine.
  • Schedule IV: alprazolam and diazepam.
  • Schedule V: certain preparations containing limited amounts of codeine.

Delivery vs. Sale of a Controlled Substance

A sale involves transferring or delivering a controlled substance in exchange for money, something of value, or a promise of payment or value. An offer or negotiation alone does not necessarily establish a completed sale.

Delivery includes an actual, constructive, or attempted transfer of a controlled substance from one person to another. Payment is not required, so giving drugs to someone can qualify as delivery.

A completed transaction is not required for a separate charge of possession with intent to sell or deliver. That charge concerns possession of a controlled substance with the intent to sell or deliver it.

What are the Elements of Sale or Delivery of Drugs?

To prove sale or delivery of a controlled substance, the State must establish beyond a reasonable doubt that:

  1. The defendant sold or delivered a substance.
  2. The substance was the specific controlled substance alleged in the charge.
  3. The defendant knew the substance was present.

The State does not have to prove that the defendant knew the substance was illegal. Lack of knowledge of its illicit nature may be raised as an affirmative defense under Florida Statutes § 893.101.

Penalties for Sale or Delivery of a Controlled Substance

The possible sentence depends on the drug, the amount involved, the location of the alleged offense, and the defendant’s criminal history. Under section 893.13(1)(a), the basic offense levels include:

  • Second-degree felony: Sale or delivery of cocaine, heroin, or methamphetamine generally carries a maximum of 15 years in prison, absent an enhancement or a separate trafficking charge.
  • Third-degree felony: Sale or delivery of cannabis, the other Schedule I substances listed in section 893.03(1)(c), specified Schedule II substances, or Schedule III or IV drugs generally carries a maximum of 5 years in prison.
  • First-degree misdemeanor: Sale or delivery of a Schedule V substance generally carries a maximum of 1 year in jail.

Section 893.13(1)(b) makes sale or delivery of more than 10 grams of a substance listed in section 893.03(1)(a) or (b), a combination of those substances, or a mixture containing one of them a first-degree felony. The ordinary maximum is 30 years in prison. This rule does not cover every Schedule I drug.

A separate exception applies to delivery, without payment or other consideration, of 20 grams or less of cannabis under section 893.13(3). That offense is a first-degree misdemeanor. The exception excludes cannabis resin and compounds or preparations made from that resin; it does not apply to a sale.

Selling or delivering drugs in certain protected areas can increase the felony level. The three-year minimum in section 893.13(1)(c)1 applies to specified drugs and locations, including qualifying school and park offenses. For schools, the provision applies between 6 a.m. and midnight. The statute expressly excludes qualifying child-care-facility offenses from that particular minimum. The place-of-worship provision in section 893.13(1)(e) increases the offense level for specified drugs but does not itself impose the same three-year minimum.

Other statutory provisions may impose higher penalties or mandatory minimum terms. These examples describe the basic rules and do not cover every enhancement.

When the substance and quantity meet Florida’s statutory trafficking thresholds, an alleged sale or delivery may lead to drug trafficking charges. These charges carry separate penalties, including mandatory minimum prison terms.

Defenses to Drug Sale or Delivery Charges

The available defenses depend on what happened and the evidence the State can prove. An attorney may challenge the identification of the accused, whether a sale or delivery occurred, or whether laboratory testing establishes the substance alleged in the charge. Recordings, witness accounts, and the handling of the physical evidence can help show gaps in the State’s case.

When an informant or another witness describes the alleged transaction, the defense should examine that person’s ability to observe it, any conflicting statements, and any benefit offered for cooperating with police.

If police obtained evidence through an unlawful search or seizure, a motion to suppress may provide grounds to exclude it.

In cases involving undercover officers or informants, an attorney should also assess whether the facts support an entrapment defense. Undercover involvement alone does not establish entrapment.

Contact an Experienced Miami Drug Sale Lawyer

If you or a loved one has been charged with the sale or delivery of drugs in Florida, it is critical to consult with an experienced Miami drug sale lawyer as soon as possible. You need the counsel of an experienced Miami criminal attorney to guide you through the process and maximize your chances of resolving your controlled substance case with a favorable outcome.

Convictions for crimes involving the delivery or sale of a controlled substance can negatively impact your future with lasting consequences. With decades of combined experience, our drug crime attorneys can protect your rights and aggressively defend you. We believe this is necessary to achieve the best possible outcomes for our clients. 

By taking the immediate action of hiring a criminal defense attorney, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.

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