Drug trafficking in Florida is decided by weight. You do not have to sell anything. Under section 893.135, knowingly selling, purchasing, manufacturing, delivering or bringing a drug into the state, or being in actual or constructive possession of it, becomes trafficking once the weight reaches the amount set for that drug. Trafficking carries mandatory prison time.
How does weight set a trafficking charge?
The weight counts the drug or any mixture containing it. That is why a small amount of a drug mixed into something larger can reach a trafficking threshold. Here are the amounts and the mandatory minimum prison terms and fines that apply to the most common drugs.
| Drug | Weight | Mandatory minimum | Fine |
|---|---|---|---|
| Cannabis | More than 25 pounds (or 300 or more plants), under 2,000 pounds | 3 years | $25,000 |
| 2,000 pounds up to 10,000 pounds (or 2,000 to 10,000 plants) | 7 years | $50,000 | |
| 10,000 pounds or more (or 10,000 or more plants) | 15 years | $200,000 | |
| Cocaine | 28 grams to under 200 grams | 3 years | $50,000 |
| 200 grams to under 400 grams | 7 years | $100,000 | |
| 400 grams or more | 15 years | $250,000 | |
| Heroin, morphine, opium | 4 grams to under 14 grams | 3 years | $50,000 |
| 14 grams to under 28 grams | 15 years | $100,000 | |
| 28 grams or more | 25 years | $500,000 | |
| Hydrocodone, codeine | 28 grams to under 50 grams | 3 years | $50,000 |
| 50 grams to under 100 grams | 7 years | $100,000 | |
| 100 grams to under 300 grams | 15 years | $500,000 | |
| 300 grams or more | 25 years | $750,000 | |
| Oxycodone | 7 grams to under 14 grams | 3 years | $50,000 |
| 14 grams to under 25 grams | 7 years | $100,000 | |
| 25 grams to under 100 grams | 15 years | $500,000 | |
| 100 grams or more | 25 years | $750,000 | |
| Fentanyl and analogues | 4 grams to under 14 grams | 7 years | $50,000 |
| 14 grams to under 28 grams | 20 years | $100,000 | |
| 28 grams or more | 25 years | $500,000 | |
| Methamphetamine, amphetamine | 14 grams to under 28 grams | 3 years | $50,000 |
| 28 grams to under 200 grams | 7 years | $100,000 | |
| 200 grams or more | 15 years | $250,000 |
Other drugs, including LSD, GHB, PCP and synthetic cannabinoids, have their own thresholds in the statute. Higher weights carry longer sentences, up to life imprisonment for the largest quantities of some drugs.
Are there mandatory sentences for trafficking?
For trafficking, a judge cannot suspend, defer or withhold the sentence below the mandatory minimum. The State Attorney can ask the court to reduce or suspend a sentence for a person who provides substantial assistance. That is a possibility the law allows, not something to rush into. It is an option I would discuss with you only if I believed it was in your best interest.
What if a firearm is involved?
If a firearm was involved in a trafficking offense, Florida’s 10-20-Life law can require a mandatory minimum prison term in addition to the trafficking penalties. If you actually possessed a firearm during the offense, the minimum is 10 years. If you discharged it, the minimum is 20 years, and if the discharge caused death or great bodily harm, it is 25 years up to life. A person sentenced under this law cannot have adjudication withheld and is not eligible for gain-time or early release before serving the minimum. “Possession” is defined by the statute: carrying the firearm on the person, or having it within immediate physical reach with ready access and the intent to use it during the offense, proven beyond a reasonable doubt. See my page on weapons charges.
Where are trafficking cases fought?
Because the weight decides the charge, the weight is the first thing I look at. Each item or package must now be tested individually, so I look at whether the State tested every one that went into the total weight. I also look at whether the weight counted is the drug or the packaging and the mixture, and whether the scales and the testing were reliable.
Next is possession. If the drugs were not on your body, the State has to prove you knew they were there and had control over them. A shared car, a shared home or a friend’s bag can raise a real question. After that, I look at the stop, the search and the warrant, since most trafficking cases begin with one.
If the charge is based on a sale or delivery, the case often depends on an informant or a controlled buy. I look at the informant’s history and motive, whether the buy was recorded, and whether law enforcement pushed the offense on someone who was not already inclined to commit it, which can be an entrapment defense.
Trafficking cases often involve more than one person, and people are sometimes offered a deal to cooperate against others. What you say to officers, and to anyone else charged, can be used against you.
If you have been charged with trafficking in Hillsborough, Pinellas or Pasco, call me at (813) 228-6001 before you talk to anyone about the case.
The consultation is free.
Sealing and expunction. A conviction for drug trafficking, or for manufacturing a controlled substance, cannot be sealed or expunged, even if adjudication was withheld. A charge that was never filed, was dismissed, or ended in acquittal is treated differently. See expungement and record sealing.
Common questions
Is the consultation free?
Yes. Call me at (813) 228-6001 and we can talk about the charge and what comes next. The consultation is free.
Should I talk to the police or the prosecutor before I call you?
No. Anything you say can be used in the case. It is easier to help you before a statement is made than after, so call me first.
Where do you handle cases?
Mainly in Hillsborough, Pinellas and Pasco counties, from my office in Tampa.
This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past outcomes do not guarantee a similar result.
The law (short version): Fla. Stat. 775.087 (10-20-Life), Fla. Stat. 893.135 (trafficking); 893.03 (drug schedules); 893.13 (possession and sale).
The Law Office of Adam B. Landeen, PA
2511 W. Columbus Dr., Tampa, FL 33607
(813) 228-6001
Related: All practice areas, Driving While License Suspended in Florida, Domestic Violence Battery Charges in Florida, Violation of Probation in Florida.