DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS

Trafficking 4 to 14 Grams
Morphine, Opium,
Oxycodone,
Hydrocodone, Hydromorphone 
"shall be sentenced to a mandatory minimum term of imprisonment of 3 years"


If you have been charged with DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS you can call a Tampa Criminal Defense Attorney at 813-222-2220 to fight for you or a friend.

Trafficking drugs under Florida is based upon the weight of the substance, not the actual conduct of the person who has been charged. The crime can be committed even if no drugs were actually sold to anyone. The mere possession of a scheduled compound, in the requisite amount can generate a charge of drug trafficking.

"Constructive possession means the controlled substance is 
in a place over which the (defendant) has control, 
or in which the (defendant) has concealed it."

Form Code: DRUG3912

Florida Statute: 893.135.1C1A
Level: Fel (Felony)
Degree: 1st
Description: TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS

Trafficking 4 to 14 Grams Morphine, Opium, 
Oxycodone, Hydrocodone, Hydromorphone

DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS is often charged in Hillsborough County, Florida.


Chapter 893 DRUG ABUSE PREVENTION AND CONTROL


893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(c)1. 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 any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.



"To prove the crime of Trafficking in Illegal Drugs, the State must prove . . ."


Florida Jury Instruction on TRAFFICKING IN ILLEGAL DRUGS
§ 893.135(1)(c), Fla. Stat.

            Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.

            To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:

            1.         (Defendant) knowingly

                                    [sold]
                                    [purchased]
                                    [manufactured]
                                    [delivered]
                                    [brought into Florida]
                                    [possessed]

                        a certain substance.

2.         The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].

3.         The quantity of the substance involved was 4 grams or more.

            See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).
4.         (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].

            If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above.  For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.
[4.        (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]

            Definitions.  Give as applicable.
            Sell.
            “Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

            Manufacture.  § 893.02(13)(a), Fla. Stat.
            “Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly.  Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

            Deliver.  § 893.02(5), Fla. Stat.
            “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

            Possession.
            To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

            Possession may be actual or constructive.

            Actual possession means:

a.         The controlled substance is in the hand of or on the person, or

b.         The controlled substance is in a container in the hand of or on the person, or

c.         The controlled substance is so close as to be within ready reach and is under the control of the person.

            Give if applicable.
            Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

            Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.

            In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.

            Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

            If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.

            If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.

            Knowledge of the illicit nature of the controlled substance.  Give if applicable.  § 893.101(2) and (3), Fla. Stat.
            Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged).  Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense.  (Defendant) has raised this affirmative defense.  However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.

            If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.

            If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.

            See State v. Weller, 590 So. 2d 923 (Fla. 1991).
            If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

            Enhanced penalty.  Give if applicable up to extent of charge.
a.         [The quantity of the substance involved was 4 grams or more but less than 14 grams.]

b.         [The quantity of the substance involved was 14 grams or more but less than 28 grams.]

c.         [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]

d.         [The quantity of the substance involved was 30 kilograms or more.]

Lesser Included Offenses

TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2
CATEGORY ONE
CATEGORY TWO
FLA. STAT.
INS. NO.
Trafficking offenses requiring lower quantities of illegal drugs

893.135(1)(c)1
25.11

Attempt (but not conspiracy), except when delivery is charged
777.04(1)
5.1

If sale, manufacture or delivery is charged
893.13(1)(a)
25.2

If purchase is charged
893.13(2)(a)


Bringing same illegal drug as charged into state
893.13(5)


Possession of same illegal drug
893.13(6)(a)


Comment

This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [509 So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245].  See also SC03-629 [869 So. 2d 1205 (Fla. 2004)].