What is a Drug Trafficking Charge?
What makes a drug trafficking charge? Well, generally when we think of drug trafficking, we picture someone flying in planes of cocaine from Columbia. However, in most jurisdictions, a trafficking offense or the charge of drug trafficking is determined not by where the drugs originate from, it is determined by the quantity of the substance.
For example, in most jurisdictions if you possess a certain amount of a substance, like more than 28 grams of cocaine, it moves that criminal charge from mere simple possession of cocaine to the more severe charge of trafficking. The more cocaine or legal substance you possess, the higher the degree of felony and more serious the charge.
Some states even will have minimum mandatory sentences meaning that if you possess a certain amount of cocaine, such as a kilo of cocaine, you would be required to serve a minimum mandatory amount of time in state prison. Trafficking does not necessarily require a selling of the substance; it just needs to involve possession of the substance.
Usually the statute will read this way: a person is guilty of trafficking a controlled substance if they possess it, if they buy it, if they sell it, if they deliver it, or if they transport it. So trafficking does not have to include the moving of large amounts of drugs from one country to another, it can mean merely possession of the drug, or simply selling or delivering the drug, but it must constitute a certain quantity or a certain weight. Once the weight is met then it kicks in the criminal charge of trafficking in narcotics.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.