How to Argue Against Trafficking After Being Caught With a Large “Personal Supply”

Authorities follow a very simple logic when it comes to controlled substances. If a person has a large quantity of drugs, then they must be engaged in trafficking. Although this logic is simple, it sometimes doesn’t make much sense. After all, plenty of people are heavy drug users, and they may consume drugs on a level that would seem impossible to the average prosecutor. How do you argue against drug trafficking charges in Fort Myers if you’re just a heavy user?

Examples of Heavy Drug Users

Perhaps the most well-known heavy drug user in modern history is Charlie Sheen, who publicly admitted to “banging” seven-gram rocks of crack cocaine on a daily basis, or even multiple times per day. Sheen also revealed that his suppliers were so amazed by the amount of drugs he was consuming that they “cut him off,” as they assumed he was trafficking on the side. No one could believe that a single person could consume so much crack.

Another notable user is Snoop Dogg, who once boasted about smoking “80 joints per day.” Assuming that each joint contained one gram, the rapper would have had to possess or obtain an incredible quantity of cannabis on a daily or weekly basis. Someone with a similar habit would likely face felony trafficking charges if authorities caught them with that much cannabis in Florida.

Prosecutors Only Care About Net Weight, Not Intent

The Harvard Journal on Legislation states that “quantity (weight) is a poor proxy for the seriousness of the crime committed.” Although prosecuting based on weight might be a simple solution, it doesn’t really take into account the various factors that might surround each defendant. The classic example is a low-ranking criminal tasked with unloading many kilograms of cocaine from the back of a truck. If he is caught in the act alone, he could face decades behind bars despite only playing a bit-part role in the overall criminal conspiracy.

The Suffolk Journal of Trial and Appellate Advocacy also notes that a defendant caught with LSD on blotter paper might face a lighter sentence than a defendant caught with LSD-infused gelatin cubes, despite both possessing drugs of exactly the same potency. The only distinguishing factor between these two cases is that one type of LSD weighs more than the other.

If You Can Prove Personal Use, It Might Help During Sentencing

If you can prove that you were consuming your drugs by yourself, it probably won’t save you from felony charges associated with higher quantities. However, it may help during sentencing if the judge sees you as a user with a terrible addiction rather than a trafficker.

Can a Fort Myers Defense Attorney Help Me? 

A Fort Myers drug crime defense attorney may be able to help if you were caught with a large, “personal supply” of controlled substances. At the end of the day, Florida law lays out severe penalties for anyone caught with large quantities of drugs, regardless of intent or personal use. That said, establishing that you’re a heavy user might help when it comes to sentencing. Contact The Foley & Wilson Law Firm today for further guidance.

Sources:

 journals.law.harvard.edu/jol/wp-content/uploads/sites/86/2014/06/Sentencing_Note_Cropped1.pdf

dc.suffolk.edu/cgi/viewcontent.cgi?article=1345&context=jtaa-suffolk