FL S0834

Allows defendants convicted of drug trafficking offenses with mandatory 3-year sentences to petition the sentencing court for departure from mandatory minimum imprisonment and fines.

State attorney may file objections to departure motions, and court may grant motions only if defendant proves by preponderance of evidence that all criteria are met.

Defendant must not have previously received a departure under this provision and cannot have prior convictions for trafficking, drug sales, or specific violent and sexual offenses listed in statute.

Departure eligibility limited to possession of controlled substances within specified thresholds: 34 grams cocaine, 17 grams hydrocodone, 8 grams oxycodone, 6 grams oxymorphone, 34 grams phencyclidine, 17 grams amphetamine/methamphetamine, 6 grams flunitrazepam, 20 grams phenethylamines, or 2 grams LSD.

Defendant must demonstrate no intent to sell or distribute, did not use minors to obtain substances, did not possess weapons or use force, and is amenable to substance abuse treatment if needed.