Drugs Listed in Subsection k of 893.135 (Mandatory Minimums)
Phenylethylamine (PEA) is an organic compound that works as a neurotransmitter in the central nervous system. It is also a controlled substance that can work on the body to make certain chemicals. PEA is known as Molly or MDMA on the street, and it is psychoactive. Trafficking in phenylethylamine and many other related controlled substances are criminalized under subsection (k) of 893.135. If you are caught with a threshold amount of any of the substances listed in that section, you can be charged with drug trafficking. You should consult an experienced Clearwater drug trafficking lawyer as soon as you believe that you are being investigated for drug trafficking. Hanlon Law fights for the rights of the accused.Drugs Listed in Subsection (k) of 893.135
To establish that you were engaged in trafficking in the controlled substances enumerated under subsection (k) of 893.135, a prosecutor must prove that you: (1) knowingly (2) actually or constructively possessed, bought, sold, manufactured, delivered, or imported into the state (3) at least 10 grams of (4) a substituted phenylethylalamine or substances that are set forth under 893.03(1)(c)4., 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.
Ten grams is the threshold amount for a PEA trafficking charge, which is a first-degree felony. However, the penalties are increasingly severe if the amount of the substance involved is greater, as with trafficking in cocaine or other substances. If you are caught with 10 grams-200 grams of a listed substance, the mandatory minimum sentence is 3 years in prison and a $50,000 fine. If you are caught with 200 grams-400 grams of a listed substance, the mandatory minimum sentence is 7 years in prison and a $100,000 fine. If you are caught with 400 or more grams of a listed substance, the mandatory minimum sentence is 15 years in prison and a $250,000 fine. No mitigating factors, such as having a spotless record, will be taken into account during sentencing.
It is stressful to face a charge of PEA trafficking. However, you should not assume that a conviction is assured. There may be numerous potential defenses that a Clearwater criminal lawyer can explore, depending on the circumstances surrounding the investigation and arrest. It may be possible to show that there was a Fourth Amendment violation in connection with the seizure of the PEA. For example, to stop you while you are driving, the police need to have a reasonable suspicion that you committed or are committing a crime, although it can be an offense like reckless driving instead of a specific drug crime. The reasonable suspicion cannot simply be a hunch; it needs to be a reason that is articulable. If they did not have a reasonable suspicion to stop your car, it may be possible to get evidence of drugs seized from the car suppressed.
In order to get a warrant to search your home, the police usually need to have probable cause that you committed a crime or are committing a crime, or that there is evidence of the trafficking in the home. If the police did not have probable cause or a warrant was needed, your attorney may be able to get evidence of the PEA suppressed and excluded. Without evidence of the drug, the prosecutor probably will not be able to prove the trafficking charge.
In certain situations, it may be appropriate to defend by offering substantial assistance or proving entrapment. However, in other situations, it may be appropriate for us to negotiate with the prosecutor so that you can plead guilty to a lesser level of drug crime that does not come with a mandatory minimum sentence.Hire an Experienced Drug Crime Attorney in the Clearwater Area
If you are charged with trafficking in drugs listed in subsection (k) of 893.135 in Clearwater, you face the possibility of going to prison and owing an enormous fine. After being released, you may have difficulty getting a job, finding a place to live, or getting a professional license. Our founder, Will Hanlon, has been dedicated to fighting for clients accused of trafficking in substances ranging from MDMA to cocaine, heroin, and morphine since 1994. You can call Hanlon Law at 727-897-5413 or complete our online form.