Harsh Mandatory Sentences for Simple Drug Possession
In Florida, a conviction for possession of small amounts of certain controlled substances (four grams) can carry a harsh mandatory minimum prison sentence (three years in prison).

September 09, 2009 /24-7PressRelease/ -- Harsh Mandatory Sentences for Simple Drug Possession

Article provided by Clyde M. Taylor Jr.
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In Florida, a conviction for possession of small amounts of certain controlled substances can carry a harsh mandatory minimum prison sentence. The minimum penalty for possession of four grams of a hydrocodone drug such as Lortab, Percocet, Vicodin or Darvocet is three years in prison.

How much is four grams? Two pennies together weigh more than four grams. Four grams is about the equivalent of six tablets of Lortab. That means if you have in your possession six Lortab pills without a prescription, you face a minimum of three years in state prison. If you have 30 Lortab tablets, you're looking at a minimum of 15 years in prison. If you go up to 100 Lortabs, you face 25 years in prison, at the very minimum. In these minimum mandatory sentences a defendant serves every day of the minimum mandatory term. Thus if a defendant received a 15 year sentence he would serve ALL 15 years, with no gain time relief!

Part of the problem with the sentencing laws is that with Class II drugs such as the hydrocodone drugs, the inert filler ingredients (typically acetaminophen, the ingredient that is in Tylenol) are included as part of the weight of the hydrocodone in each pill. Even though most of the Lortab pill is composed of acetaminophen, all of it counts as hydrocodone when the time comes for sentencing.

These sentencing laws treat people as traffickers even though they may be guilty of no more than possession of a few pills without a prescription because they are addicted to pain killing medications, many time initially prescribed by physicians for earlier injuries/accidents. These harsh penalties are handed out to first-time offenders as well as to repeat offenders.

It's no wonder that Florida's prisons are overcrowded. We currently house approximately 100,000 inmates at state prisons (at a cost of approximately $20,000 per inmate annually) and another 60,000 in county jails.

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