Florida Heroin Laws

Drug laws are generally some of the toughest on the books. However, there is still a great deal of variety in how different types of drugs are punished, and also in how states and the federal government address them. Heroin is one of the drugs with the most devastating consequences for users from both a health and legal standpoint. As with most drugs, however, a heroin offense can vary depending on whether it involves simple possession or distribution. Similarly, the amount of drugs involved plays a key role. Here is a summary of heroin laws in Florida.

Heroin Laws Generally

Heroin and other narcotics remain illegal under both federal and state law. Florida heroin laws are not lenient with possession of heroin being charged as a felony, and charges for dealers and traffickers are even more serious. Still, the Sunshine State does offer options for first-time offenders in need of treatment. Some jurisdictions have specialized “drug courts,” which can help drug crime defendants avoid jail in lieu of treatment and other options.

Certain illicit drugs, like heroin, are restricted at both the federal and state level -- from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of heroin. While conviction on drug charges can often carry stiff sentences, including prison time, some prosecutors will offer plea bargains to lower-level offenders in exchange for help with a larger case.

Heroin Laws in Florida

Laws prohibiting heroin possession and use can differ from one state to the next. The chart below provides a basic synopsis of the Florida Comprehensive Drug Abuse Prevention and Control Act which is the basis for Florida’s heroin laws (including morphine and other opiates).

Statutes

Florida Statutes Section 775.082 et. seq., 893.01 et. seq.

Possession

Elements: Florida prosecutor must provebeyond a reasonable doubt that you were in possession of a substance and that the substance was heroin. Possession can include constructive possession.

Penalties: 3rd degree felony

  • Up to five years in prison
  • $5,000 in fines
  • Driver’s license suspension pursuant to pursuant to Florida Statute 322.055

Sales/Delivery/Manufacturing

Elements: Prosecutor must show beyond a reasonable doubt that defendant sold, manufactured, or delivered any amount of heroin; or possessed any amount of heroin with the intent to sell, manufacture, or deliver the heroin.

Penalties: 2nd degree felony

  • Up to 15 years in prison
  • Up to 15 years of probation
  • Up to $10,000 fine
  • Driver’s license suspension pursuant to pursuant to Florida Statute 322.055

Trafficking

Elements: Prosecutor must show beyond a reasonable doubt that defendant knowingly possessed, sold, purchased, manufactured, delivered, or transported four grams or more of heroin or any derivative compound.

Mandatory Prison Minimums:

  • Four grams or more, but less than 14 grams of heroin;
    • Three years prison / $50,000 fine
  • 14 grams or more, but less than 28 grams of heroin;
    • 15 years prison / $100,000 fine
  • 28 grams to 30 kilograms of heroin;
    • 25 years prison / $500,000 fine
  • 30 kilograms or more of heroin;
    • Life in Prison / $500,000 fine

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Florida Heroin Laws: Related Resources

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