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Drug trafficking is a serious crime treated harshly by both the state of Florida and the federal government of the United States. Depending on which illegal substance and the quantity of that substance, sentences could involve life imprisonment, or even the death penalty. If you’ve been charged with drug trafficking, it’s time to seek legal counsel. Contact our team of seasoned drug crime attorneys at Hanlon Law today to schedule a free consultation. 


What Is Drug Trafficking? 


In general, drug trafficking refers to any participation in the making and/or distribution of any illicit substance. Florida Statute 893.135 defines drug trafficking as “the intentional selling, manufacturing, purchasing, possessing, delivering, or transporting of an illegal substance in the state.” This extends to drugs that have been imported into Florida but did not originate there. 


In addition to this description, you must be found with quantities exceeding the minimums as defined by Florida law in order for the charge to be considered drug trafficking. The minimum quantity required varies depending on which substance is involved, as do the specific sentencings associated with those charges.


What is Flunitrazepam? 


Flunitrazepam is a central nervous system depressant often used to treat severe insomnia in countries outside the United States. However, the substance may not be legally manufactured or sold within the US. 


Flunitrazepam is more commonly referred to as Rohypnol, or the “Date Rape” drug. However, there are also a variety of “street names” to be aware of: Circles, Forget Me Pill, La Rocha, Lunch Money Drug, Mexican Valium, Pingus, R2, Roach 2, Ruffies, Rophies (or “Roofies”), and Wolfies.


Flunitrazepam is popular in club scenes, and is also often used by cocaine addicts to help combat the side effects of using cocaine. Some individuals may use flunitrazepam to self-medicate mental health conditions such as depression. And, as the name “date rape” drug suggests, flunitrazepam has also historically been used in the commission of sexual assault crimes.


What Are the Consequences for Flunitrazepam Trafficking? 


The sentences associated with a flunitrazepam charge depends on the threshold weight, or amount, of the drug discovered. Higher threshold weights correspond to more severe sentencing and heftier fines. 


The quantity of the drug discovered will also dictate if the charge is considered a third-, second-, or first-degree felony. Felonies come with their own set of consequences in the form of long-term repercussions. Endeavors that require a background check, such as finding a job, applying for housing, obtaining professional licensure, securing educational opportunities, etc., may prove difficult for convicted felons.


It’s important to note that while other drug charges may be reduced based on mitigating factors at the judge’s discretion, no such allowances are made for flunitrazepam trafficking. The sentence for flunitrazepam trafficking is determined strictly by Florida law. 


Mandatory Minimum Sentences for Flunitrazepam Trafficking

Amount of Flunitrazepam Imprisonment Fine
4 - 14 grams 3 year minimum $50,000
14 - 28 grams 7 year minimum $100,000
28 grams - 30 kilograms 25 calendar years minimum $500,000

Knowingly trafficking more than 30 kilograms of flunitrazepam in the state of Florida is considered a first-degree felony, and is punishable by up to life imprisonment. 


In addition, if the courts find you guilty of intentionally killing someone, or directly or indirectly causing someone to be killed in relation to the trafficking, you can be charged with a capital felony. Capital felonies are punishable by life in prison and even the death penalty. 


An exception to these defined consequences lies in offenders who are under the age of 21. As a popular club drug, flunitrazepam users are often underage. Depending on the quantity of the drug, underage defendants may qualify to be charged as a child. In such a case, the judge does not have to abide by the stated minimum sentences, and can charge the defendant at his or her discretion. 


This exception can only be utilized once, however. For any subsequent offenses, the underage individual will be charged as an adult and sentenced accordingly. 


How to Defend Against Flunitrazepam Trafficking Charges


Despite how severe flunitrazepam trafficking charges can be, don’t give up hope just yet. There are plenty of defenses that an experienced drug crime attorney may recommend. 


One of the most common defenses involves a violation of constitutional rights. This includes everything from improper search and seizure to entrapment. Basically, the constitution outlines what law enforcement officers can and cannot do in the name of securing an arrest and obtaining evidence. Anything beyond that authority is illegal, and any evidence obtained in such a manner can be thrown out. 


Seasoned Drug Crime Attorneys in Orlando


Flunitrazepam trafficking, and indeed any kind of drug trafficking, is a severe crime. You deserve the best possible drug crime defense attorneys working on your behalf. At Hanlon Law, we’ll leverage nearly two decades of experience in the defense business to your benefit, and work tirelessly to secure the best possible outcome. Contact our office today to schedule a free consultation.

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