How Florida Handles Drug Trafficking Cases
Introduction
Drug trafficking is one of the most serious drug-related offenses in Florida and carries severe penalties, including mandatory minimum prison sentences and heavy fines. Unlike simple possession charges, drug trafficking is based on the quantity of drugs found, regardless of whether the person intended to sell them.
This guide explains how drug trafficking is prosecuted in Florida, the penalties associated with it, and possible defenses that may be used to fight these charges.
What Is Drug Trafficking in Florida?
Under Florida law, drug trafficking is defined as the possession, sale, purchase, manufacturing, delivery, or transportation of a controlled substance in amounts that exceed a legally defined threshold.
The key factor that distinguishes drug trafficking from simple drug possession is the weight or quantity of the drugsfound. Even if a person had no intention of selling the drugs, possession of a certain amount automatically qualifies as trafficking under Florida law.
Commonly Trafficked Drugs and Minimum Weight Thresholds
Florida law sets specific weight thresholds for different controlled substances that determine whether a charge qualifies as drug trafficking. The most common substances and their thresholds include:
- Marijuana: 25 pounds or 300 plants
- Cocaine: 28 grams
- Heroin: 4 grams
- Fentanyl: 4 grams
- Methamphetamine: 14 grams
- Oxycodone: 7 grams
If the amount of drugs found meets or exceeds these thresholds, the defendant will face drug trafficking charges rather than simple possession or possession with intent to sell.
Penalties for Drug Trafficking in Florida
Florida has some of the strictest drug trafficking laws in the country, with mandatory minimum sentences based on the type and amount of drugs involved.
Marijuana Trafficking
- 25 to 2,000 pounds: Mandatory three years in prison and a $25,000 fine
- 2,000 to 10,000 pounds: Mandatory seven years in prison and a $50,000 fine
- More than 10,000 pounds: Mandatory 15 years in prison and a $200,000 fine
Cocaine Trafficking
- 28 to 200 grams: Mandatory three years in prison and a $50,000 fine
- 200 to 400 grams: Mandatory seven years in prison and a $100,000 fine
- 400 grams to 150 kilograms: Mandatory 15 years in prison and a $250,000 fine
Heroin and Fentanyl Trafficking
- 4 to 14 grams: Mandatory three years in prison and a $50,000 fine
- 14 to 28 grams: Mandatory 15 years in prison and a $100,000 fine
- 28 grams to 30 kilograms: Mandatory 25 years in prison and a $500,000 fine
For fentanyl, which is considered especially dangerous, federal charges may also apply.
Methamphetamine Trafficking
- 14 to 28 grams: Mandatory three years in prison and a $50,000 fine
- 28 to 200 grams: Mandatory seven years in prison and a $100,000 fine
- 200 grams or more: Mandatory 15 years in prison and a $250,000 fine
The penalties increase significantly for larger amounts, and if federal charges are added, a defendant could face life imprisonment.
Defenses Against Drug Trafficking Charges
Because drug trafficking carries mandatory minimum sentences, a strong defense strategy is crucial. Common defenses against drug trafficking charges include:
Illegal Search and Seizure
If law enforcement officers conducted an illegal search without probable cause or a warrant, any evidence obtained may be inadmissible in court.
Lack of Knowledge
In some cases, a person may have been unaware that they were in possession of drugs. For example, if drugs were found in a borrowed vehicle or in luggage belonging to someone else, this defense may apply.
Entrapment
If law enforcement used coercion or undue pressure to persuade the defendant to commit a crime they would not have otherwise committed, an entrapment defense may be possible.
No Actual Possession
Prosecutors must prove that the defendant had actual or constructive possession of the drugs. If the drugs were in a shared space, such as a house or car with multiple occupants, it may be difficult to prove who actually owned them.
Substance Was Not an Illegal Drug
Lab testing must confirm that the substance in question is actually an illegal drug. If law enforcement failed to properly test the evidence or if errors occurred in the chain of custody, the case may be challenged.
How a Criminal Defense Attorney Can Help
Because drug trafficking carries mandatory minimum sentences, hiring an experienced criminal defense attorney is critical. A defense lawyer can:
- Review how the evidence was obtained and challenge illegal searches
- Negotiate with prosecutors to reduce the charges to possession or a lesser offense
- Challenge the amount of drugs claimed by law enforcement
- Identify potential weaknesses in the prosecution’s case
- Work to secure drug treatment programs instead of prison time for certain defendants
At Bonderud Law, we have extensive experience defending individuals facing serious drug charges. If you or a loved one is accused of drug trafficking, contact us today for a consultation.
Conclusion
Drug trafficking in Florida is a serious offense that carries mandatory minimum prison sentences and significant fines, even for first-time offenders. Because trafficking charges are based on the weight of the drugs rather than intent, many people are charged with trafficking even if they had no plans to sell drugs.
If you are facing drug trafficking charges, working with an experienced criminal defense attorney as soon as possible can make a significant difference in the outcome of your case.
