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Morphine trafficking charges are no joke, and could result in a sentence as severe as life imprisonment. With nearly two decades in the defense business and varied experience with drug-related crimes, Hanlon Law is here to help you explore your options if you have been charged with morphine trafficking and mount your best possible case. Call us today to schedule a free consultation.
According to Florida Statute 893.135, drug trafficking is when someone knowingly sells, manufactures, purchases, possesses, delivers, or transports an illegal substance in a quantity above its threshold amount. The threshold amount is determined by weight, and described by the same statute depending on which substance is involved.
In addition to the threshold weight, Statute 893.135 also lists a series of minimum mandatory sentences that apply depending on the quantity of the substance involved, with sentences getting progressively more severe as the quantity increases.
It’s important to note that Florida law includes drugs that have been imported into the state in these definitions, so even if the drugs did not originate here, they can still lead to a trafficking charge.
Morphine is a narcotic derived from opium and used as a medical-strength pain reliever. It also causes feelings of euphoria, or a “high,” and is widely abused throughout the United States.
Because of its addictive nature, many abusers develop a dependence on the drug, and experience withdrawal symptoms if they abstain. The human body will also develop a tolerance to morphine with repeated use over time, which can lead to abusers increasing their dosage in order to induce the desired high. This is extremely dangerous, and can lead to unintentional overdose. Morphine overdose symptoms include a decrease in blood pressure, heart rate, and respiration, along with cold and clammy skin, sleepiness, and eventual unconsciousness that may result in death.
Other dangers of morphine abuse result from the administration. While other methods have been introduced over the years, morphine abusers often prefer the typical intravenous method to more quickly get the drug into their bloodstream. Doing so requires the use of needles, which pose significant health risks if not adequately sterilized. Similarly, improper injection can cause a host of issues.
Morphine is known medically under both generic and brand names, including MS-Contin, Oramorph SR, MSIR, Roxanol, Kadian, and RMS. Street names for morphine include Dreamer, Emsel, First Line, God’s Drug, Hows, M.S., Mister Blue, Morf, Morpho, and Unkie.
Morphine trafficking is a first-degree felony. The sentence, however, will depend on the quantity (weight) of morphine in question. Four or more grams of morphine, its derivatives, or any mixture containing morphine constitute morphine trafficking. Judges are not entitled to discretion in lowering the resulting sentence beneath the mandatory minimum for the quantity in question.
Amount of Morphine | Imprisonment | Fine |
---|---|---|
4 - 14 grams | 3 year minimum | $50,000 |
14 - 28 grams | 15 year minimum | $100,000 |
28 grams - 30 kilograms | 25 year minimum | $500,000 |
In addition to these minimum sentences, trafficking more than 30 kilograms of morphine can result in life imprisonment.
It’s important to note that there are certain aggravating factors that may lead to sentences above these minimums. Such factors include the use of a firearm, evading the police, involvement in sex trafficking, etc.
The most severe aggravating factor is a death resulting from morphine trafficking. In such a case, the conviction may elevate to a capital felony, which is punishable with life in prison and even the death penalty.
Despite this bleak outlook, there are a variety of defenses to take against morphine trafficking charges. The burden of proof lies with the prosecution, meaning they must show beyond any reasonable doubt that the defendant is guilty according to Florida law. As Florida law includes “knowingly” in its description of trafficking, this means the prosecution must prove the defendant’s intent, which can be incredibly difficult.
In addition, there are a multitude of opportunities to advocate your case both in and out of the courtroom. That’s why it’s vital to seek a seasoned drug crimes lawyer to help build your defense. At Hanlon Law, our team brings nearly 20 years of experience to the table. Our personalized approach is designed to ensure you understand what you’re being charged with, what your options are, and the best way to move forward. We’ll examine the evidence, speak with the prosecution and judge on your behalf, and do everything possible to secure a favorable outcome.
If you’ve been accused of morphine trafficking, or any other drug-related crime, don’t wait.
Contact Hanlon Law today.
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