Drug trafficking in Florida isn’t just about large criminal enterprises or interstate smuggling operations. Under Florida Statute §893.135, you can face trafficking charges simply for possessing a certain amount of a controlled substance — even if there’s no evidence of sale or intent to distribute.
This surprises many people charged with drug offenses for the first time.
It’s About Weight, Not Intent
Unlike simple possession or possession with intent to sell, drug trafficking charges are triggered by quantity, not behavior. The statute sets very specific weight thresholds for each drug type.
For example:
- Marijuana: 25 pounds or more
- Cocaine: 28 grams or more
- Oxycodone: 7 grams or more
- Methamphetamine: 14 grams or more
- Fentanyl: 4 grams or more
Even if the drugs were for personal use, crossing these limits can lead to a mandatory minimum prison sentence and steep fines.
Mandatory Minimum Sentences
Florida imposes strict mandatory minimum penalties for drug trafficking that judges cannot reduce without specific legal grounds. These penalties depend on both the type of drug and its total weight — including any mixture that contains the controlled substance.
In general, mandatory minimums range from 3 to 25 years in prison, with fines from $50,000 up to $750,000. However, some drugs carry even harsher penalties. For example, trafficking in fentanyl starts at a 7-year mandatory minimum for just 4 grams, increases to 20 years for 14–28 grams, and reaches 25 years for 28 grams or more.
Because of these mandatory terms, drug trafficking is one of the most serious non-violent offenses prosecuted in Florida courts.
Common Misunderstandings
Many clients are shocked to learn that:
- They can be charged with trafficking even without proof of sale.
- Prescription medications (like oxycodone or hydrocodone) count toward trafficking weights.
- Florida counts the total weight of any mixture containing the substance seized in the case.
- The “constructive possession” rule allows charges even when drugs weren’t found directly on you — if prosecutors can link you to them through circumstantial evidence.
These technical details often make the difference between a trafficking felony and a lesser charge.
Did you know?
In Florida, possessing as little as 4 grams of fentanyl (about a small packet’s weight) can trigger trafficking with a 7-year mandatory minimum.
Defending a Trafficking Charge
A strong defense strategy focuses on:
- Challenging the legality of the search or seizure
- Questioning how the weight was measured
- Identifying chain-of-custody errors
- Proving lack of knowledge or control
Each case turns on its facts — which is why working with a defense team experienced in Florida’s trafficking laws is crucial.
At Rush & Frisco Law, our attorneys analyze every detail of the evidence and police procedure to build a precise defense strategy tailored to your situation.
Learn more about our approach to defending drug trafficking charges in Florida.
You don’t have to be a drug dealer to face trafficking charges in Florida.
A few extra grams can turn a possession case into a felony carrying years behind bars.