I was arrested with a mixture of a controlled substance combined with a non-illegal substance.  How will the State of Florida determine whether there are enough drugs present to warrant a charge of drug trafficking?

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Q: I was arrested with a mixture of a controlled substance combined with a non-illegal substance.  How will the State of Florida determine whether there are enough drugs present to warrant a charge of drug trafficking?

A: Under Florida law, a “mixture” is defined as the “physical combination of two or more substances.”  Fla. Stat. § 893.02(15).  Law enforcement is permitted to weigh the entire mixture of what the entire combination is (including the portion that is the non-controlled substance), resulting in a higher weight than the controlled substance by itself.  Fla. Stat. § 893.135(6).

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