 |
Florida Statutes (Last Updated: April 21, 2021) |
 |
TITLE XLVI. CRIMES |
|
CHAPTER 893. DRUG ABUSE PREVENTION AND CONTROL |
SECTION 893.135. Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
Latest version.
- 1(1) 2Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 18893.1319:20(a) 21Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,” punishable as provided in s. 79775.082, 80s. 81775.083, 82or s. 84775.08485. If the quantity of cannabis involved:921. 93Is in excess of 25 pounds, but less than 2,000 pounds, or is 300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000.1482. 149Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $50,000.2053. 206Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $200,000.
243For the purpose of this paragraph, a plant, including, but not limited to, a seedling or cutting, is a “cannabis plant” if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from the cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant is a “cannabis plant” or in the charging of an offense under this paragraph. Upon conviction, the court shall impose the longest term of imprisonment provided for in this paragraph.
387(b)1. 388Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 421893.03(2)(a)4422., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 462775.082, 463s. 464775.083, 465or s. 467775.084468. If the quantity involved:473a. 474Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.512b. 513Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.551c. 552Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.5852. 586Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 150 kilograms or more of cocaine, as described in s. 619893.03(2)(a)4620., commits the first degree felony of trafficking in cocaine. A person who has been convicted of the first degree felony of trafficking in cocaine under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 675947.149676. However, if the court determines that, in addition to committing any act specified in this paragraph:693a. 694The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or720b. 721The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,737such person commits the capital felony of trafficking in cocaine, punishable as provided in ss. 752775.082 753and 754921.142755. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
7793. 780Any person who knowingly brings into this state 300 kilograms or more of cocaine, as described in s. 798893.03(2)(a)4799., and who knows that the probable result of such importation would be the death of any person, commits capital importation of cocaine, a capital felony punishable as provided in ss. 830775.082 831and 832921.142833. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.857(c)1. 858A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 907893.03(1)(b), 908(2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 957775.082, 958s. 959775.083, 960or s. 962775.084963. If the quantity involved:968a. 969Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.1005b. 1006Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $100,000.1042c. 1043Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $500,000.10792. 1080A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of hydrocodone, as described in s. 1113893.03(2)(a)11114.k., codeine, as described in s. 1120893.03(2)(a)11121.g., or any salt thereof, or 28 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in hydrocodone,” punishable as provided in s. 1160775.082, 1161s. 1162775.083, 1163or s. 1165775.0841166. If the quantity involved:1171a. 1172Is 28 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.1208b. 1209Is 50 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.1245c. 1246Is 100 grams or more, but less than 300 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.1282d. 1283Is 300 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.13193. 1320A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 7 grams or more of oxycodone, as described in s. 1353893.03(2)(a)11354.q., or any salt thereof, or 7 grams or more of any mixture containing any such substance, commits a felony of the first degree, which felony shall be known as “trafficking in oxycodone,” punishable as provided in s. 1393775.082, 1394s. 1395775.083, 1396or s. 1398775.0841399. If the quantity involved:1404a. 1405Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.1441b. 1442Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.1478c. 1479Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $500,000.1515d. 1516Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $750,000.15524.a. 1553A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of:1581(I) 1582Alfentanil, as described in s. 1587893.03(2)(b)11588.;1589(II) 1590Carfentanil, as described in s. 1595893.03(2)(b)61596.;1597(III) 1598Fentanyl, as described in s. 1603893.03(2)(b)91604.;1605(IV) 1606Sufentanil, as described in s. 1611893.03(2)(b)301612.;1613(V) 1614A fentanyl derivative, as described in s. 1621893.03(1)(a)621622.;1623(VI) 1624A controlled substance analog, as described in s. 1632893.0356, 1633of any substance described in sub-sub-subparagraphs (I)-(V); or1641(VII) 1642A mixture containing any substance described in sub-sub-subparagraphs (I)-(VI),1651commits a felony of the first degree, which felony shall be known as “trafficking in fentanyl,” punishable as provided in s. 1673775.082, 1674s. 1675775.083, 1676or s. 1678775.0841679.
1680b. 1681If the quantity involved under sub-subparagraph a.:1688(I) 1689Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and shall be ordered to pay a fine of $50,000.1725(II) 1726Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and shall be ordered to pay a fine of $100,000.1762(III) 1763Is 28 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and shall be ordered to pay a fine of $500,000.17945. 1795A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 1847893.03(1)(b), 1848(2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or more of any mixture containing any such substance, commits the first degree felony of trafficking in illegal drugs. A person who has been convicted of the first degree felony of trafficking in illegal drugs under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 1920947.1491921. However, if the court determines that, in addition to committing any act specified in this paragraph:1938a. 1939The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or1965b. 1966The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,1982such person commits the capital felony of trafficking in illegal drugs, punishable as provided in ss. 1998775.082 1999and 2000921.1422001. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
20256. 2026A person who knowingly brings into this state 60 kilograms or more of any morphine, opium, oxycodone, hydrocodone, codeine, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 2063893.03(1)(b), 2064(2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such substance, and who knows that the probable result of such importation would be the death of a person, commits capital importation of illegal drugs, a capital felony punishable as provided in ss. 2111775.082 2112and 2113921.1422114. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.2138(d)1. 2139Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of phencyclidine, as described in s. 2172893.03(2)(b)232173., a substituted phenylcyclohexylamine, as described in s. 2181893.03(1)(c)1952182., or a substance described in s. 2189893.03(1)(c)132190., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 2206893.03(2)(b)232207., a substituted phenylcyclohexylamine, as described in s. 2215893.03(1)(c)1952216., or a substance described in s. 2223893.03(1)(c)132224., 32., 38., 103., or 146., commits a felony of the first degree, which felony shall be known as “trafficking in phencyclidine,” punishable as provided in s. 2252775.082, 2253s. 2254775.083, 2255or s. 2257775.0842258. If the quantity involved:2263a. 2264Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.2302b. 2303Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.2341c. 2342Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.23702. 2371Any person who knowingly brings into this state 800 grams or more of phencyclidine, as described in s. 2389893.03(2)(b)232390., a substituted phenylcyclohexylamine, as described in s. 2398893.03(1)(c)1952399., or a substance described in s. 2406893.03(1)(c)132407., 32., 38., 103., or 146., or of any mixture containing phencyclidine, as described in s. 2423893.03(2)(b)232424., a substituted phenylcyclohexylamine, as described in s. 2432893.03(1)(c)1952433., or a substance described in s. 2440893.03(1)(c)132441., 32., 38., 103., or 146., and who knows that the probable result of such importation would be the death of any person commits capital importation of phencyclidine, a capital felony punishable as provided in ss. 2477775.082 2478and 2479921.1422480. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.2504(e)1. 2505Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 200 grams or more of methaqualone or of any mixture containing methaqualone, as described in s. 2544893.03(1)(d), 2545commits a felony of the first degree, which felony shall be known as “trafficking in methaqualone,” punishable as provided in s. 2567775.082, 2568s. 2569775.083, 2570or s. 2572775.0842573. If the quantity involved:2578a. 2579Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.2617b. 2618Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.2656c. 2657Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.26852. 2686Any person who knowingly brings into this state 50 kilograms or more of methaqualone or of any mixture containing methaqualone, as described in s. 2710893.03(1)(d), 2711and who knows that the probable result of such importation would be the death of any person commits capital importation of methaqualone, a capital felony punishable as provided in ss. 2741775.082 2742and 2743921.1422744. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.2768(f)1. 2769Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 2802893.03(2)(c)22803., or methamphetamine, as described in s. 2810893.03(2)(c)52811., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as “trafficking in amphetamine,” punishable as provided in s. 2864775.082, 2865s. 2866775.083, 2867or s. 2869775.0842870. If the quantity involved:2875a. 2876Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.2914b. 2915Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.2953c. 2954Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.29822. 2983Any person who knowingly manufactures or brings into this state 400 grams or more of amphetamine, as described in s. 3003893.03(2)(c)23004., or methamphetamine, as described in s. 3011893.03(2)(c)53012., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of amphetamine, a capital felony punishable as provided in ss. 3077775.082 3078and 3079921.1423080. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.3104(g)1. 3105Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 3143893.03(1)(a) 3144commits a felony of the first degree, which felony shall be known as “trafficking in flunitrazepam,” punishable as provided in s. 3166775.082, 3167s. 3168775.083, 3169or s. 3171775.0843172. If the quantity involved:3177a. 3178Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.3216b. 3217Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.3255c. 3256Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.32892. 3290Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state or who is knowingly in actual or constructive possession of 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 3328893.03(1)(a) 3329commits the first degree felony of trafficking in flunitrazepam. A person who has been convicted of the first degree felony of trafficking in flunitrazepam under this subparagraph shall be punished by life imprisonment and is ineligible for any form of discretionary early release except pardon or executive clemency or conditional medical release under s. 3383947.1493384. However, if the court determines that, in addition to committing any act specified in this paragraph:3401a. 3402The person intentionally killed an individual or counseled, commanded, induced, procured, or caused the intentional killing of an individual and such killing was the result; or3428b. 3429The person’s conduct in committing that act led to a natural, though not inevitable, lethal result,3445such person commits the capital felony of trafficking in flunitrazepam, punishable as provided in ss. 3460775.082 3461and 3462921.1423463. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
3487(h)1. 3488Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-hydroxybutyric acid (GHB), as described in s. 3523893.03(1)(d), 3524or any mixture containing gamma-hydroxybutyric acid (GHB), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-hydroxybutyric acid (GHB),” punishable as provided in s. 3555775.082, 3556s. 3557775.083, 3558or s. 3560775.0843561. If the quantity involved:3566a. 3567Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.3605b. 3606Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.3644c. 3645Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.36732. 3674Any person who knowingly manufactures or brings into this state 150 kilograms or more of gamma-hydroxybutyric acid (GHB), as described in s. 3696893.03(1)(d), 3697or any mixture containing gamma-hydroxybutyric acid (GHB), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-hydroxybutyric acid (GHB), a capital felony punishable as provided in ss. 3740775.082 3741and 3742921.1423743. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.3767(i)1. 3768Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of gamma-butyrolactone (GBL), as described in s. 3802893.03(1)(d), 3803or any mixture containing gamma-butyrolactone (GBL), commits a felony of the first degree, which felony shall be known as “trafficking in gamma-butyrolactone (GBL),” punishable as provided in s. 3832775.082, 3833s. 3834775.083, 3835or s. 3837775.0843838. If the quantity involved:3843a. 3844Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.3882b. 3883Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.3921c. 3922Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.39502. 3951Any person who knowingly manufactures or brings into the state 150 kilograms or more of gamma-butyrolactone (GBL), as described in s. 3972893.03(1)(d), 3973or any mixture containing gamma-butyrolactone (GBL), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of gamma-butyrolactone (GBL), a capital felony punishable as provided in ss. 4014775.082 4015and 4016921.1424017. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.4041(j)1. 4042Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 kilogram or more of 1,4-Butanediol as described in s. 4076893.03(1)(d), 4077or of any mixture containing 1,4-Butanediol, commits a felony of the first degree, which felony shall be known as “trafficking in 1,4-Butanediol,” punishable as provided in s. 4107775.082, 4108s. 4109775.083, 4110or s. 4112775.0844113. If the quantity involved:4118a. 4119Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.4157b. 4158Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.4196c. 4197Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.42252. 4226Any person who knowingly manufactures or brings into this state 150 kilograms or more of 1,4-Butanediol as described in s. 4247893.03(1)(d), 4248or any mixture containing 1,4-Butanediol, and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of 1,4-Butanediol, a capital felony punishable as provided in ss. 4289775.082 4290and 4291921.1424292. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.4316(k)1. 4317A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of a:4346a. 4347Substance described in s. 4351893.03(1)(c)44352., 5., 10., 11., 15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or 187.-189., a substituted cathinone, as described in s. 4381893.03(1)(c)1914382., or substituted phenethylamine, as described in s. 4390893.03(1)(c)1924391.;4392b. 4393Mixture containing any substance described in sub-subparagraph a.; or4402c. 4403Salt, isomer, ester, or ether or salt of an isomer, ester, or ether of a substance described in sub-subparagraph a.,4423commits a felony of the first degree, which felony shall be known as “trafficking in phenethylamines,” punishable as provided in s. 4445775.082, 4446s. 4447775.083, 4448or s. 4450775.0844451.
44522. 4453If the quantity involved under subparagraph 1.:4460a. 4461Is 10 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine of $50,000.4497b. 4498Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine of $100,000.4534c. 4535Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine of $250,000.45663. 4567A person who knowingly manufactures or brings into this state 30 kilograms or more of a substance described in sub-subparagraph 1.a., a mixture described in sub-subparagraph 1.b., or a salt, isomer, ester, or ether or a salt of an isomer, ester, or ether described in sub-subparagraph 1.c., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of phenethylamines, a capital felony punishable as provided in ss. 4648775.082 4649and 4650921.1424651. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2.4674(l)1. 4675Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 1 gram or more of lysergic acid diethylamide (LSD) as described in s. 4711893.03(1)(c), 4712or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as “trafficking in lysergic acid diethylamide (LSD),” punishable as provided in s. 4746775.082, 4747s. 4748775.083, 4749or s. 4751775.0844752. If the quantity involved:4757a. 4758Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.4796b. 4797Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.4835c. 4836Is 7 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $500,000.48642. 4865Any person who knowingly manufactures or brings into this state 7 grams or more of lysergic acid diethylamide (LSD) as described in s. 4888893.03(1)(c), 4889or any mixture containing lysergic acid diethylamide (LSD), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 4934775.082 4935and 4936921.1424937. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.4961(m)1. 4962A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 280 grams or more of a:4991a. 4992Substance described in s. 4996893.03(1)(c)304997., 46.-50., 114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic cannabinoid, as described in s. 5012893.03(1)(c)1905013.; or5015b. 5016Mixture containing any substance described in sub-subparagraph a.,5024commits a felony of the first degree, which felony shall be known as “trafficking in synthetic cannabinoids,” punishable as provided in s. 5047775.082, 5048s. 5049775.083, 5050or s. 5052775.0845053.
50542. 5055If the quantity involved under subparagraph 1.:5062a. 5063Is 280 grams or more, but less than 500 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.5101b. 5102Is 500 grams or more, but less than 1,000 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.5141c. 5142Is 1,000 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $200,000.5181d. 5182Is 30 kilograms or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years, and the defendant shall be ordered to pay a fine of $750,000.5215(n)1. 5216A person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of:5244a. 5245A substance described in s. 5250893.03(1)(c)1645251., 174., or 175., a n-benzyl phenethylamine compound, as described in s. 5263893.03(1)(c)1935264.; or5266b. 5267A mixture containing any substance described in sub-subparagraph a.,5276commits a felony of the first degree, which felony shall be known as “trafficking in n-benzyl phenethylamines,” punishable as provided in s. 5299775.082, 5300s. 5301775.083, 5302or s. 5304775.0845305.
53062. 5307If the quantity involved under subparagraph 1.:5314a. 5315Is 14 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.5353b. 5354Is 100 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.5392c. 5393Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $500,000.54263. 5427A person who knowingly manufactures or brings into this state 400 grams or more of a substance described in sub-subparagraph 1.a. or a mixture described in sub-subparagraph 1.b., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of a n-benzyl phenethylamine compound, a capital felony punishable as provided in ss. 5492775.082 5493and 5494921.1425495. A person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine under subparagraph 2.5518(2) 5519A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.5581(3) 5582Notwithstanding the provisions of s. 5587948.01, 5588with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 5670947.149, 5671prior to serving the mandatory minimum term of imprisonment.5680(4) 5681The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person’s accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.5795(5) 5796Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).5861(6) 5862A mixture, as defined in s. 5868893.02, 5869containing any controlled substance described in this section includes, but is not limited to, a solution or a dosage unit, including but not limited to, a gelatin capsule, pill, or tablet, containing a controlled substance. For the purpose of clarifying legislative intent regarding the weighing of a mixture containing a controlled substance described in this section, the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture. If there is more than one mixture containing the same controlled substance, the weight of the controlled substance is calculated by aggregating the total weight of each mixture.5977(7) 5978For the purpose of further clarifying legislative intent, the Legislature finds that the opinion in 5993Hayes v. State, 5996750 So. 2d 1 (Fla. 1999) does not correctly construe legislative intent. The Legislature finds that the opinions in 6015State v. Hayes, 6018720 So. 2d 1095 (Fla. 4th DCA 1998) and 6027State v. Baxley, 6030684 So. 2d 831 (Fla. 5th DCA 1996) correctly construe legislative intent.
History.-s. 1, ch. 79-1; s. 1, ch. 80-70; s. 2, ch. 80-353; s. 491, ch. 81-259; s. 1, ch. 82-2; s. 3, ch. 82-16; s. 53, ch. 83-215; s. 5, ch. 87-243; ss. 1, 4, ch. 89-281; s. 1, ch. 90-112; s. 3, ch. 93-92; s. 24, ch. 93-406; s. 15, ch. 95-184; s. 5, ch. 95-415; s. 54, ch. 96-388; s. 3, ch. 97-1; s. 1828, ch. 97-102; s. 23, ch. 97-194; s. 9, ch. 99-188; s. 4, ch. 2000-320; s. 2, ch. 2001-55; s. 7, ch. 2001-57; ss. 1, 2, 3, ch. 2002-212; s. 4, ch. 2003-10; s. 3, ch. 2005-128; s. 7, ch. 2008-184; s. 5, ch. 2011-73; s. 3, ch. 2011-90; s. 4, ch. 2013-29; s. 3, ch. 2014-159; s. 1, ch. 2014-176; s. 14, ch. 2015-34; s. 6, ch. 2016-13; s. 6, ch. 2016-105; s. 6, ch. 2017-1; s. 6, ch. 2017-107; s. 18, ch. 2018-13; s. 45, ch. 2019-167.
