tazzygirl
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Joined: 10/12/2007
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For those arrested for possessing a small bottle of prescription meds in the State of Florida, welcome to the wonderful world of “Trafficking in a controlled substance." We're going to explore how it is that a couple dozen pills can rack up prison sentences usually reserved for Colombian drug lords. There’s harsh punishment for prescription drug possession, and a simple review of the minimum mandatory sentences for possession of oxycodone, hydrocodone, or xanax, can leave a person wondering why addiction to pharmaceutical meds is subject to more mandatory prison time than child molestation or armed robbery. Let’s dig deeper to better understand the absurdity.
The minimum mandatory sentences for possessing hydrocodone or oxycodone increase as the weight increases, and all of the possession charges listed below are actually called "Trafficking" charges--due to the amounts involved. So, possessing 4 grams to 14 grams of Oxycodone or Hydrocodone carries a minimum 3 years prison, and a fine of $50,000. Possessing 14 grams to 28 grams, the mandatory minimum prison increases to 15 years, and the fine jumps to $100,000 (bear in mind that it only takes 23 hydrcodone pills to get a 15 year mandatory prison sentence!! More on this later…). At 28 grams to 30 kilograms, the mandatory minimum prison term is 25 years, plus a fine of $500,000.
The minimum mandatory prison sentences for pill possession are based upon the weight of the illegal substance, right? Wrong. The charge is based upon the total weight of the pill--each pill contains both an illegal substance and the weight of the legal substances contained within the pill (usually Tylonol, asprin, etc). And my friends, that's the main problem. Let's review why this is so unfair (unless, of course, you think 15 years prison is a reasonable punishment for possessing 23 hydrocodone pills).
THE CORRECT, SCIENTIFIC WAY TO WEIGH A SUBSTANCE....
Take an arrest for twenty five (25) Hydrocodone pills, marked “Watson 540”. These pills weigh 15.8 grams. Because this weight falls within the 14 grams to 28 grams category listed above, the minimum mandatory prison sentence for 25 pills is 15 years prison!
The question here is, “Did you REALLY possess that many grams of hydrocodone?” Scientifically speaking, NO. Here’s why. The 25 pills labeled “Watson 540” (light blue oval pill) are a generic form of Lortab, an opioid pain medication containing 10 mg hydrocodone and 500 mg acetaminophen (Tylenol). Remember grade school math taught us that 1000 mg = 1 gram. Thus, 25 hydrocodone pills multiplied by 10 mg of illegal substance per pill equals 0.25 grams hydrocodone, total. Wow, ¼ gram of hydrocodone is all that is—scientifically—possessed in 25 pills. ¼ gram is not even close to a trafficking amount of hydrocodone. As a matter of fact, to actually possess the 15.8 grams of hydrocodone in our example, you would need to possess 1,580 pills…..not 25.
http://www.jgcrimlaw.com/lawyer-attorney-1619199.html
Dont you just love plea bargains backed by lots of money?
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