When Is Selling Drugs a Felony in Florida?

When some people are down on their luck and have no other options, selling drugs can seem like a reasonable choice; however, judicial convictions for selling drugs are severe. Every state judges’ suppliers differently, and Florida is no exception. Therefore, it’s important to identify when selling drugs are considered a Florida felony.

Florida Felony Drug Crimes

Circumstances that Impact the Charge

Before we identify what substances constitute a felony drug crime in Florida, we must identify the various aspects of an arrest that will impact the potential penalties.

Here are some of the facts judges will review before making a drug charge:

  • The number of drugs the person intended to sell.

The higher the number of drugs you’re trying to sell, the worse the charge.

  • Where the person was selling drugs (near a school, state park, church, etc.);

If you sell drugs near certain buildings or organizations, you could face stiffer penalties.

  • Whom they’re selling drugs to;

Selling drugs to a minor can increase your potential charges.

Therefore, the substance is only a piece of the puzzle in determining the proper charge.

Substances that Will Result in a Felony Charge

You may be surprised to learn that a Florida conviction for the sale of most drugs, regardless of the amount, is a felony offense.

The sale of the following drugs is a felony offense in Florida:

  • Meth;
  • Cocaine;
  • Oxy;
  • Anabolic steroids;
  • Morphine;
  • Marijuana.

However, the degree of the felony varies based on the drug in question. For example, selling LSD or cannabis could result in a felony of the third degree, whereas selling cocaine or morphine could result in a felony of the second degree. The type of drug you sell will impact your penalties, as a felony in the second degree could result in a prison term of up to 15 years, while a felony in the third degree could result in a prison term of up to 5 years. That’s a 10-year difference!

As you can see, a lot goes into the determination of a drug charge. If you or a loved one is charged for selling drugs, Hager & Schwartz can help you fight for your case!

Charged with possession or possession with intent to sell? Call (305) 330-1360 now for a free consultation!


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