Someone caught with oxycodone pills weighing at least 7 grams can be sentenced to a mandatory three-year sentence and fined $50,000 under Florida drug trafficking state laws.
That could soon change for non-violent offenders who are not involved with a criminal organization under a Senate proposal that would allow judges to depart from mandatory minimum sentences, but not fines.
The bill, sponsored by Republican Sen. Jeff Brandes and Democrat Sen. Randolph Bracy, cleared the Senate Appropriations Committee on a 15-5 vote and now heads to the Senate floor for consideration.
The proposal would impact those criminally charged under the drug trafficking statute, whether it be sale, delivery, importation, manufacturing or possession of large quantities of a controlled substance. That would include cocaine, marijuana and opioids such as fentanyl.
A Democrat-sponsored House effort that would seek to reduce sentences for certain drug offenses has not moved in the chamber though. This could show signs of trouble for the proposal with two weeks left in the 2018 legislative session.
The Senate and the House have pushed a series of criminal justice reforms this year, but those seeking to loosen mandatory minimum sentences requirements have not been too welcome in the House. Lobbyist Barney Bishop has also been critical of the measure, saying that it would not help drug addict, but instead aid those with “so much drugs” on them.
Brandes, however, has pushed back on that claim.
“Our point here is largely low level people who are addicts and get involved with heroin and they may purchase heroin that is mixed with fentanyl,” Brandes said.