By Lyssanoel Frater

In the state of Florida, drug trafficking charges aren’t just for large-scale operations. The quantity of drugs that are discovered in a person’s possession can result in serious charges that can result in mandatory prison time, financial penalties, and a long-term criminal record.

For anyone facing charges or interested in protecting their rights, understanding how the drug trafficking laws work in Florida is vital.

“Even minimum sentences can result in years of incarceration, substantial fines, and other penalties,” says a drug defense lawyer at DMR Law.

Definition of Drug Trafficking Under Florida Law

In 2024, there were 88,013 drug-related arrests in Florida. The definition of drug trafficking under state law includes delivering, manufacturing, purchasing, selling, transporting, or possessing a certain amount of controlled substances.

Trafficking isn’t considered “intent to sell,” but rather on statutory weight thresholds that are established by the law.

Examples:

• Cocaine: 28+ grams
• Cannabis: 25+ pounds or 300+ plants
• Fentanyl: as low as 4 grams

Someone with limited knowledge of state law could easily face trafficking charges without realizing it.

Possession Versus Trafficking

When a person is found in possession of smaller quantities of controlled substances, they will be charged with possession. This can result in misdemeanor charges or lower-level felonies.

If a person has controlled substances that exceed the weight limits, they are charged with trafficking, often with a first-degree felony. It doesn’t matter whether the individual intended to distribute the substances; it’s the weight that determines how they are charged.

There is also constructive possession, which is when drugs aren’t found directly on the body of the individual who is being charged. It’s not enough for a person to be near the drugs. Prosecutors have to prove that the individual being charged knew about the drugs being present, and they could control what was done with the drugs.

For example, if drugs are found in a car trunk, all the occupants might be charged if the evidence gathered suggests they knew about the drugs and had control over them.

Mandatory Minimum Sentencing Laws

The state of Florida has a strict sentencing structure that enforces mandatory minimum sentencing.

For example, if someone is found in possession of 28-200 grams of cocaine, they have to serve a minimum of 3 years in prison and pay a $50,000 fine. If the amount of cocaine discovered is 200-400 grams, they have to serve a minimum of 7 years. More than 400 grams will result in a jail time of 15 years or more.

Fentanyl and some other substances carry even harsher penalties under the law. A person with 28 grams of Fentanyl would face a minimum of 25 years in prison and a $500,000 fine.

Mistakes to Avoid After an Arrest

There are common mistakes that people often make when they are being arrested for possession of controlled substances, such as speaking to law enforcement without an attorney and consenting to a search. Another mistake that many make is posting about their case on social media.

Anyone arrested for possession should immediately get legal representation. Avoiding common mistakes can significantly impact the outcome of the case. An attorney can challenge the evidence, work to reduce the charges, and possibly affect the sentencing.

FAQ

What qualifies as drug trafficking in Florida?

Drug trafficking is defined by Florida law as knowingly selling, purchasing, manufacturing, delivering, transporting, or possessing a controlled substance above a specific weight. The charges are set by the weight of the drugs, not on whether or not a person intends to sell them.

What are the penalties for drug trafficking?

The penalties for drug trafficking are mandatory minimum jail time and large fines.

Can charges be reduced?

An attorney can try to get the charges reduced based on weak evidence, constitutional violations such as illegal search and seizure, or through negotiations with prosecutors.

What should you do after being charged?

Do not speak with law enforcement without an attorney present, and let the attorney handle the case. Also, do not post on social media about the arrest or the case progress.

Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. Every case is unique, and laws are subject to change. For specific legal advice regarding drug trafficking charges or related matters, please consult a qualified attorney.