Definition of Trafficking in Oxycodone (Oxycontin)
Per Florida Statute 893.135(1)(c)(3) anyone who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 or more grams of Oxycodone, will face Oxycodone (Oxycontin) trafficking charges. Oxycodone is a Schedule II controlled substance under federal and state laws.
It is also illegal to knowingly possess mixtures including Oxycodone, or in conjunction with other chemicals and equipment utilized in the manufacture of Oxycodone.
Common sense suggests that prescription drug trafficking criminal charges would involve large amounts of pills, drug transportation and the actual sale of drugs. Individuals accused of trafficking Oxycodone and other prescription drugs, often simply have a relatively small quantity of pills and will still be criminally charges with trafficking in Oxycodone. Why?
Florida law determines that you are trafficking prescription drugs by the weight of the pills. This can lead to surprising and frightening trafficking charges since just a handful of pills — sometimes as little as nine pills — can lead to trafficking charges. Trafficking charges can be charged even if:
- All pills in possession were meant for consumption by the pills’ owner
- The weight of the pills is primarily comprised of inert/inactive ingredients
What is Oxycodone (Oxycontin)?
Oxycodone is a semi-synthetic opioid drug that is typically prescribed for severe pain. The common prescriptions for Oxycodone are Tylox®, Percodan® and OxyContin®. Oxycodone is usually taken in the pill form but can also be ingested by inhaling the vapors by heating the tablet or snorting the crushed pill.
The Penalties for Oxycodone Trafficking in Florida
The penalties for Oxycodone trafficking in Florida depend on the amount of Oxycodone involved. It is important for law enforcement officers to accurately measure the amount of Oxycodone (Oxycontin) in question. While the arresting officer will measure the weight at the scene, an official measurement from the Florida Department of Law Enforcement Forensic laboratory will also be completed for evidentiary purposes at a hearing or trial. The minimum mandatory penalties for Trafficking in Oxycodone (Oxycontin) are as follows:
- When the accused is in possession of between 7 and 14 grams of Oxycodone, he or she can face between three and 30 years of jail time, a fine of up to $50,000, and a minimum prison sentence of three years.
- Possession of 14 to 25 grams of Oxycodone will result in a jail term of seven to 30 years in prison with a potential fine of up to $100,000. The minimum prison sentence for this crime is seven years.
- Possession of 25 to 100 grams of Oxycodone will result in a jail term of fifteen to thirty years in prison with a potential fine of up to $500,000. The minimum prison sentence for this crime is Fifteen years.
- When the accused possesses 100 grams to 30 Kilos of Oxycodone, he or she will face a prison sentence of up to 30 years, with a minimum mandatory prison sentence of 25 years and a fine of up to $750,000.
Drivers License Suspension and Professional License Suspension
A conviction to the criminal charge of Trafficking in Oxycodone will also result in some collateral consequences that need to be fully understood. In Florida, if you are convicted of a Trafficking charges, you are subject to a revocation of your Drivers license for 6 months. (Florida Statute 322.055) Additionally, a conviction for trafficking in Oxycodone is grounds for disciplinary action by the licensing state agency. A state agency shall initiate an immediate emergency suspension of an individual professional license upon conviction for trafficking in a controlled substance.
Defenses Against Oxycodone Trafficking Charges
The best defenses against Oxycodone trafficking charges depend on the facts of the individual case. Unfortunately, law enforcement officers can become over-ambitious and overstep their boundaries. Sometimes law enforcement officers conduct illegal searches and seizures. Experienced criminal defense lawyers know how to challenge the evidence of Oxycodone (Oxycontin) charges for the purpose of convincing the court to drop the charges.
Some of the potential defenses include:
- Mere proximity to the Oxycodone does not establish possession
- Temporary possession
- Knowledge is required. In actual possession the knowledge is presumed, however in constructive cases the knowledge of the Oxycodone is not presumed.
- Fourth amendment violation due to unlawful search and seizure – this could be an unlawful search of your vehicle or an unlawful search of your pockets.
- Having a legal Prescription for the drugs can be used as a Defense
Contact Our Experienced Criminal Defense Lawyers
We understand the fear and confusion that can result from charges of trafficking prescription drugs. Often, the accused are in possession of drugs they intend only for personal use, or are fighting an addiction and, therefore, possess a quantity of medication without a prescription. Even with no evidence of drug selling, drug quantity and drug weight can lead to trafficking charges.
As former prosecutors, we can investigate your claim and skillfully counter the prosecutors’ claims and charges at each step. Our goal is a reduction or dismissal of your drug charges. For a no-charge consultation with an experienced Orlando prescription drug trafficking defense lawyer, contact our Orlando law office.
Trafficking in Oxycodone (Oxycontin) Resources:
Florida Statute 893.135(1)(c)(3) – Oxycodone Trafficking Statute
Florida Statute 893.12(6)(a) – Possession of Controlled Substance Statute
Florida Statute 893.03(2)(a)(1) – Oxycodone listed as a Schedule II drug
Florida Statute 322.055 – Driver’s license suspension for drug conviction
Florida Statute 893.21 – Overdose possession
Florida Statute 777.201 – Entrapment Statute
Florida Statute 893.11 – Profession License Suspension Statute
Florida Statute 893.101 – State must prove Defendant knew of the illicit nature of the controlled substance
Oxycodone Street Terms:
Hillbilly Heroin, Roxy, perc, oxy, kicker, Blues, OX, OC