Conspiracy does not just revolve around super-secret FBI or CIA government information, such as the movie, “All the President’s Men” (Nixon’s Watergate scandal) or conspiracy theories that Area 51 is holding an alien species. Being arrested for conspiracy to drug trafficking is an actual criminal offense. Florida law states that any person who agrees or conspires with another to commit a drug trafficking act prohibited by law will be committing a 1st-degree felony. That felony carries the same punishable outcome as if that person committed the act. Therefore, drug trafficking and conspiracy to drug trafficking carry the same offense weight.

Because conspiracy to drug trafficking carries the same weight as a drug trafficking offense, the same mandatory minimum sentencing also applies. If the quantity for:

Marijuana is between 25-2,000 pounds or 300-2,000 plants
1. Mandatory minimum sentencing= 3 years in prison and a $25,000 fine;
Cocaine is between 28-200 grams
1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine;
Methamphetamine or Amphetamine is between 14-28 grams
1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine;
Lysergic Acid Diethylamide (LSD) is between 1-5 grams
1. Mandatory minimum sentencing= 3 years in prison and a $50,000 fine;
Oxycodone is between 7-10 grams
1. Mandatory minimum sentencing = 3 years in prison and a $50,000 fine.

Mandatory minimum sentencing increases if the quantity of controlled substance is more than the maximum amounts listed above.

So, what exactly does that mean? To be charged with conspiracy to drug trafficking, there must be an intention to commit (perform) the offense AND an agreement between both people. The agreement can be expressed or implied, but the agreement must be to commit the same criminal offense. One or the other element is not enough; the state prosecutor must prove both elements for a person to be found guilty of conspiracy to drug trafficking. For example, in the 2012 Florida case Davis v. State, the trial court charged and found Chad Davis guilty of conspiracy to drug trafficking. The Florida 5th District Court of Appeals (DCA) changed the conspiracy to drug trafficking charge to not guilty because the conspiracy elements were not met. The state prosecutor’s evidence failed to prove one of the two conspiracy to drug trafficking elements, the agreement element, between Mr. Davis and his buyer, Robert.

The 5th DCA serves the Central Florida counties: Brevard, Citrus, Flagler, Hernando, Lake, Marion, Orange, Osceola, Putnam, St. Johns, Seminole, Sumter, and Volusia County. At Adams and Luka, P.A., we represent clients in many of the 5th DCA counties, in which the prosecution is required to follow the Davis v. State court case opinion stated above. To best represent you and ensure your case is handled properly, we will provide you with a criminal defense attorney, communicate with law enforcement on your behalf, and defend you against state prosecution.