Felony Drug Trafficking Charges in Florida: How Counts Are Defined and What It Means for Your Case
Drug charges in Florida range widely in severity, but drug trafficking is among the most serious. Many folks assume that trafficking means selling drugs on a large scale, but under Florida law, you can be charged with trafficking based solely on the weight of a substance–even if there is no evidence of sale, intent to sell, or distribution. A person who has never dealt drugs in their life can find themselves facing mandatory prison time simply because the amount in their possession crossed a statutory threshold.
Understanding how trafficking charges work is critical, especially in the earliest stages of a case.
How does Florida define drug trafficking?
Under Florida Statute § 893.135, trafficking is defined by:
- The type of controlled substance
- The weight of the substance (including mixtures or fillers)
- Whether the weight meets a minimum threshold set by law
For example:
- 7 grams of oxycodone
- 14 grams of methamphetamine
- 25 pounds of cannabis
- 28 grams of cocaine
Each of these weights can trigger a trafficking charge, even if the drugs were for personal use. In other words, intent is not required. Weight alone can create a felony trafficking count.
Mandatory minimum sentences
Once charged with trafficking, the stakes are high. Florida law imposes mandatory minimum prison sentences that judges cannot waive unless the prosecutor agrees. The higher the weight category, the longer the mandatory sentence.
Penalties include:
- Mandatory prison terms (3, 7, 15 years or more)
- Substantial fines (often tens of thousands of dollars)
- Felony conviction with lifelong consequences
This is why it’s crucial to have an attorney who will fight on your behalf.
How drug trafficking cases are prosecuted
Cops don’t rely on just one method when building a trafficking case. They tend to pull from a whole toolbox of tactics. Some of the more common ones include:
- Getting warrants to search homes, storage spaces, or even someone’s phone or laptop
- Working with confidential informants–usually people trying to lessen their own charges
- Setting up controlled buys to catch someone selling directly
- Tracking movements using GPS or by tapping into cell phone tower data
- Pulling people over under the claim of “suspicious activity,” even when the reason isn’t always clear.
Here’s where things can shift. If it turns out the search or stop wasn’t legally valid, then anything they find might not be allowed as evidence in court. And if that’s the main piece of evidence, the whole case could fall apart.
Talk to a Tallahassee, FL, Criminal Defense Lawyer Today
Luke Newman, P.A., represents the interests of Tallahassee residents who are facing serious charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
