Possession of Cocaine

• In Florida possession of less than 28 grams of cocaine is a third degree felony which is punishable by up to five years in Florida state prison.  A conviction for possession of cocaine also triggers a statutory one year driver's license suspension and a fine of up to $5,000.   See Fl. Stat. 893.13
• There are often legal defenses available because of the strict requirements that are placed on police officers in search and seizure cases.  
• If a charge of possession of cocaine is the result of unlawful conduct by the police, then a Motion to Suppress by a defense attorney will likely result in the charges being dismissed by the State Attorney's Office.  

Possession of Cocaine with Intent to Distribute

• Possession of Cocaine with Intent to Sell or Deliver is a second degree felony in Florida.  A second degree felony is punishable by up to 15 years in Florida state prison. (See Fla. Stat. 893.135 (1) (b))
• The intent to sell or deliver is an essential element of this crime and  in order for a person to be convicted, the element of intent must be proven beyond a reasonable doubt.  
• Some of the factors that are usually examined in determining intent are conversations with buyers, large quantities of cash, multiple individually wrapped bags or containers, possession of quantities are that are unusually large for personal use.  

Trafficking in Cocaine

• Possession of cocaine in a quantity in excess of 28 grams is considered trafficking in cocaine in the state of Florida.  Trafficking in cocaine is a 1st degree felony for which a person faces a maximum penalty of up to 30 years in Florida state prison.  
• The crime of trafficking in cocaine also has mandatory minimum fines and prison terms as a component of a conviction.  
• A conviction for possession of more than 28 grams of cocaine but less than 200 grams has a 3 year mandatory minimum term of incarceration and a mandatory $50,000 fine.
• Possessing over 200 grams of cocaine but less than 400 grams subjects an individual to a 7 year mandatory minimum prison sentence and a mandatory $100,000 fine.  
• Possessing over 400 grams of cocaine but less than 150 kilograms has a mandatory minimum sentence of 15 years in state prison and a minimum fine of $250,0000.
• A conviction for possession of more than 150 grams of cocaine carries with it a mandatory life sentence without the possibility of parole.  
• Selling or trafficking in cocaine near a convenience store, school, park church or playground is a 1st degree felony.  

Possible Defenses to Possession of Cocaine

• Knowledge is an essential element if any possession crime.  A conviction for possession of cocaine requires that the State satisfy their burden of proving the defendant's knowledge of of the presence of the cocaine beyond a reasonable doubt.
• Illegal search and seizure:  The 4th Amendment places very stringent requirements on the police when they are conducting a search of a person or their property.  A deviation from the Constitutionally mandated guidelines regarding the manner in which searches are to be conducted can often lead to suppression of evidence and the eventual dismissal of criminal charges.