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Law Office Of Leanna J. Smith
Leanna Smith

Criminal Defense for Drug Crimes in DeLand & Volusia County

If you have been charged with drug crimes, such as possession, trafficking, or cultivation of illegal substances in DeLand, Daytona Beach, DeBary, Deltona, Orange City or other areas of Volusia County and need aggressive criminal defense representation from an experienced attorney, contact the Law Office of Leanna J. Smith today. Our criminal defense attorneys are dedicated to defending the rights of those who find themselves in trouble with the law, and may be able to lessen or seek to have charges against you dropped.

Drug Crimes in Florida

Drug Dealing

Importation of Cannabis

Under Florida Statute 893.13(5)(1)(c), “Importation of Cannabis” is defined as importing any amount of cannabis into the state of Florida without a valid and legal importation license issued by the state of Florida.

Penalty: the penalty for unlawfully importing cannabis into the state of Florida is considered a felony of the third degree, punishable by up to five years imprisonment and up to $5,000 in fines.

Additionally, any person who has been convicted of illegally importing cannabis into the state of Florida will have their driver’s license or driving privilege revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Sale or Delivery of Cannabis

Under Florida Statute 893.13(1)(a)(2), the “Sale or Delivery of Cannabis” is defined as selling, manufacturing, delivering; or possessing with the intent to sell, manufacture, or deliver cannabis.

Penalty: the sale or delivery of cannabis in the state of Florida is considered a felony of the third degree, punishable by up to five years imprisonment and up to $5,000 in fines.

Additionally, any person who has been convicted of the sale or delivery of cannabis will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Sale or Delivery of Cocaine

Under Florida Statute 893.13(1)(a)(1), the “Sale or Delivery of Cocaine” is defined as selling, manufacturing, delivering; or possessing any amount of cocaine with the intent to sell, manufacture, or deliver cocaine.

Penalty: the sale or delivery of cocaine in the state of Florida is considered a felony of the second degree, punishable by up to 15 years imprisonment and up to $10,000 in fines.

Additionally, any person who has been convicted of the sale or delivery of cocaine will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Sale or Delivery of Heroin

Under Florida Statute 893.13(1)(a)(1), the “Sale or Delivery of Heroin” is defined as selling, manufacturing, delivering; or possessing with the intent to sell, manufacture, or deliver heroin.

Penalty: the sale or delivery of heroin in the state of Florida is considered a felony of the second degree, and is punishable by up to 15 years imprisonment and up to $10,000 in fines.

Additionally, any person who has been convicted of the sale or delivery of heroin will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Sale or Delivery of Meth

Under Florida Statute 893.13(1)(a)(1), the “Sale or Delivery of Meth” is defined as selling, manufacturing, delivering; or possessing with the intent to sell, manufacture, or deliver methamphetamine.

Penalty: the sale or delivery of meth in the state of Florida is considered a felony of the second degree, which is punishable by up to 15 years imprisonment and up to $10,000 in fines.

Additionally, any person who has been convicted of the sale or delivery of meth will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Drug Possession/Prescription Drug Possession

Possession of Cannabis

In the State of Florida, cannabis is considered a Schedule I controlled substance, and it is illegal to possess any amount of cannabis without a valid prescription.

Penalty: possessing less than 20 grams of cannabis is considered a misdemeanor of the first degree, which is punishable by up to one year in jail, one year of probation, and up to $1,000 in fines. Possessing more than 20 grams of cannabis is considered a felony of the third degree, which is punishable by up to five years in prison and a $5,000 fine.

Additionally, any person who has been convicted of possessing cannabis will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Possession of Cocaine

In the state of Florida, cocaine is considered a Schedule II controlled substance, and it is illegal to possess cocaine in any amount.

Penalty: possessing cocaine is considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.

Additionally, any person who has been convicted of possessing cocaine will have their driver’s license or driving privileges revoked for one year.

Possession of Heroin

In the state of Florida, heroin is considered a Schedule I controlled substance, and it is illegal to possess heroin in any amount.

Penalty: possessing heroin is considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.

Additionally, any person who has been convicted of possessing heroin will have their driver’s license or driving privileges revoked for one year.

Possession of Methamphetamine

In the state of Florida, methamphetamine is considered a Schedule II controlled substance, and it is illegal to possess methamphetamine in any amount.

Penalty: possessing meth is considered a felony of the third degree, which is punishable by up to five years in prison and a $5,000 fine.

Additionally, any person who has been convicted of possessing meth will have their driver’s license or driving privileges revoked for one year.

Cultivation of Cannabis

Under Florida Statute 893.13(1)(a)(2), the “Cultivation of Cannabis” is defined as when a person grows or cultivates cannabis plants for their personal use. In the state of Florida, possession of less than 25 cannabis plants are assumed to be for personal use, and possession of more than 25 cannabis plants constitutes prima facie evidence that the cannabis plants are intended to be sold or distributed.

Penalty: cultivating cannabis is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.

Additionally, any person who has been convicted of cultivation of cannabis will have their driver’s license or driving privileges revoked for one year.

Possession of Cannabis Concentrates

Under Florida Statute 893.13(6)(a), “Possession of Cannabis Concentrates” is defined as illegally possessing any amount of THC cannabis concentrate.

Penalty: the possession of THC cannabis concentrate in any amount is considered a felony of the third degree, which is punishable by up to five years imprisonment and up to $5,000 in fines.

Additionally, any person who has been convicted of possessing cannabis concentrates will have their driver’s license or driving privileges revoked for one year.

Possession of Drug Paraphernalia

Under Florida Statute 893.147(1), the “Possession of Drug Paraphernalia” is defined as possessing any item used, intended to be used, or designed to be used to:

To determine whether an item may be qualified as drug paraphernalia, Florida courts consider the proximity in which the item was to any controlled substances, as well as any existence of residue on the item, whether the item can be used for legitimate purposes, in addition to expert testimony concerning the actual use of the item. Items may be tested for drug residue if even a miniscule amount of residue is found.

Penalty: possessing drug paraphernalia is considered a misdemeanor of the first degree, which is punishable by up to one year in jail and up to $1,000 in fines.

Possession of Hydrocodone

In the state of Florida, Hydrocodone is considered a Schedule II controlled substance, and it is illegal to possess any amount without a prescription.

Penalty: possessing Hydrocodone without a prescription is considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.

Additionally, any person who has been convicted of possessing Hydrocodone will have their driver’s license or driving privileges revoked for one year.

Possession of Oxycodone (OxyContin)

In the state of Florida, Oxycodone is considered a Schedule II controlled substance, and is it illegal to possess any amount without a prescription.

Penalty: possessing Oxycodone without a prescription is considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.

Additionally, any person who has been convicted of possessing Oxycodone will have their driver’s license or driving privileges revoked for one year.

Possession of Xanax (Alprazolam)

In the state of Florida, Xanax is considered a Schedule IV controlled substance, and it is illegal to possess any amount without a prescription.

Penalty: possession of Xanax without a prescription is considered a felony of the third degree, which is punishable by up to five years in prison and up to $5,000 in fines.

Additionally, any person who has been convicted of possessing Xanax will have their driver’s license or driving privileges revoked for one year.

Drug Trafficking/Prescription Drug Trafficking

Trafficking in Cannabis

Under Florida Statute 893.135(1)(a), “Trafficking in Cannabis” is defined as when a person knowingly possesses, sells, purchases, manufactures, delivers, or brings into the state of Florida 25 pounds or more of cannabis, or 300 or more cannabis plants.

Penalty: trafficking cannabis is considered a felony of the first degree, which is punishable depending upon the amount of cannabis or cannabis plants that were in possession.

Trafficking in Cocaine

Under Florida Statute 893.135(1)(b), “Trafficking in Cocaine” is defined as when a person knowingly possesses, sells, purchases, manufactures, delivers, or brings into the state of Florida 28 grams or more of cocaine.

Penalty: trafficking cocaine is considered a felony of the first degree, which is punishable depending upon the amount of cocaine in possession.

Additionally, any person who has been convicted of trafficking cocaine will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Trafficking in Heroin

Under Florida Statute 893.135(1)(c)(1), “Trafficking in Heroin” is defined as when a person knowingly possesses, sells, purchases, manufactures, delivers, or brings into the state of Florida four grams or more of heroin or any of its derivative compounds.

Penalty: trafficking heroin is considered a felony of the first degree, which is punishable depending upon the amount of heroin in possession.

Additionally, any person who has been convicted of trafficking heroin will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Trafficking in Hydrocodone

Under Florida Statute 893.135(1)(c)(2), “Trafficking in Hydrocodone” is defined as when a person knowingly possesses, sells, purchases, manufactures, delivers, or brings into the state of Florida 14 grams or more of Hydrocodone without a prescription.

Penalty: trafficking Hydrocodone without a prescription is considered a felony of the first degree, which is punishable depending upon the amount of Hydrocodone in possession.

Additionally, any person who has been convicted of trafficking heroin will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Trafficking in Methamphetamine (Meth, Crystal Meth)

Under Florida Statute 893.135(1)(f)(1), “Trafficking in Methamphetamine” is defined as a person who knowingly possesses, sells, purchases, manufactures, delivers, or brings into the state of Florida 14 grams or more of methamphetamine.

Penalty: trafficking methamphetamine is considered a felony of the first degree, which is punishable depending upon the amount of meth in possession.

Additionally, any person who has been convicted of trafficking meth will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Trafficking in Oxycodone (OxyContin)

Under Florida Statute 893.135(1)(c)(3), “Trafficking in Oxycodone” is defined as when a person knowingly possesses, sells, purchases, manufactures, delivers, or brings into the state of Florida 7 grams or more of Oxycodone without a prescription.

Penalty: trafficking Oxycodone without a prescription is considered a felony of the first degree, which is punishable depending upon the amount of Oxycodone in possession.

Additionally, any person who has been convicted of trafficking Oxycodone will have their driver’s license or driving privileges revoked for one year, and can also have any professional license issued by the state of Florida suspended for one year.

Contact the Law Office of Leanna J. Smith

When you need an honest, dedicated criminal defense attorney to defend you against drug charges in DeLand, Daytona Beach, Deltona, or surrounding Volusia County, contact the Law Office of Leanna J. Smith. If you’re in trouble, we want to help.
Criminal Defense