Thank you for asking me “How much time can I get for Possessing Opiates in FL?”
Possession of any amount of Opiates without a valid prescription or Rx is a felony in Florida, and in FL the term “opiates” covers a wide range of substances, including heroin, morphine, opium, oxycodone, hydrocodone, hydromorphone or any derivative thereof.
Simple possession of any opiate is a 3rd degree felony punishable by up to 5 years in state prison, but if you cross the weight threshold for trafficking then you have crossed the line from mere possession to trafficking, subjecting you to a 1st degree felony which is punishable by up to 30 years in prison.
The minimum mandatory sentences associated with opiate trafficking vary depending upon the opiate in question. For example the over / under for trafficking in morphine is 4 grams, for oxycodone it is 7 grams and for hydrocodone is it 14 grams, but in any event 3, 7 and 15 year min mands will apply for trafficking in any opiate.
As is the case with trafficking in any prohibited controlled substance, if you are found guilty of trafficking in opiates then, absent a statutory basis for departure, the court is required to sentence you to a maximum prison term of 30 years coupled with the appropriate minimum mandatory term of imprisonment, and while you will earn gain time on the overall sentence you must first serve the minimum mandatory, day for day, without accruing gain time or any time off for good behavior.
There are some ways around the min/mand, but they are few and far between.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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