Drug Trafficking Charges in Florida
Drug trafficking is a highly serious criminal charge with significant consequences. Individuals convicted of trafficking controlled substances can face lengthy prison sentences. Additionally, fines for a drug trafficking conviction can reach six figures.
Understanding Drug Trafficking Charges
Drug trafficking is an extremely serious criminal charge with severe consequences, including lengthy prison sentences and substantial fines that can reach six figures. If you or a loved one has been charged with drug trafficking, it is essential to seek immediate legal advice. At Rush & Frisco Law, our experienced criminal defense attorneys can help you understand your options and fight for the best possible outcome.
Definition of Drug Trafficking
In Florida, drug trafficking is defined under Florida Statute § 893.135 as knowingly engaging in the sale, purchase, manufacture, delivery, importation, or possession (actual or constructive) of specific Schedule I or Schedule II controlled substances in quantities specified by law. Unlike drug possession or sale, trafficking charges are triggered by the amount of drugs involved, not the nature of the transaction.
Florida’s Approach to Drug Trafficking
Florida allocates significant resources to combat drug trafficking, focusing on high-level traffickers rather than low-level dealers or users. This approach has resulted in some of the harshest penalties for drug trafficking offenses in the country. The state does not require involvement in a large drug cartel for a trafficking charge; even small quantities of certain drugs can result in severe charges.
Penalties for Drug Trafficking
Most drug trafficking offenses in Florida are classified as first-degree felonies, punishable by up to 30 years in prison and fines up to $10,000. However, the actual penalties depend on the type and quantity of the controlled substance involved. Many trafficking charges include mandatory minimum prison sentences and significant fines.
Threshold Quantities for Drug Trafficking Charges
The following are the minimum quantities required to be charged with drug trafficking in Florida. For a consultation with a Gainesville attorney specializing in criminal law, contact us today.
| Cocaine | 28 grams |
| Fentanyl | 4 grams |
| GHB | 1 kilogram |
| Hydrocodone | 14 grams |
| Cannabis | 25 pounds or 300 plants |
| Heroin | 4 grams |
| LSD | 1 gram |
| Oxycodone | 7 grams |
| MDMA (Ecstasy) | 10 grams |
Mandatory Minimum Sentences and Fines
Drug trafficking offenses in Florida carry mandatory minimum sentences and fines, which vary based on the substance and quantity involved. Below are examples of the penalties for different substances:
Cannabis
- 25-2,000 pounds: 3 years & $25,000 fine
- 2,000-10,000 pounds: 7 years & $50,000 fine
- Over 10,000 pounds: 15 years & $200,000 fine
Cocaine
- 28-200 grams: 3 years & $50,000 fine
- 200-400 grams: 7 years & $100,000 fine
- 400 grams to 150 kilograms: 15 years & $250,000 fine
Fentanyl
- 4-14 grams: 3 years & $50,000 fine
- 14-28 grams: 15 years & $100,000 fine
- 28 grams to 30 kilograms: 25 years & $500,000 fine
GHB
- 1-5 kilograms: 3 years & $50,000 fine
- 5-10 kilograms: 7 years & $100,000 fine
- Over 10 kilograms: 15 years & $250,000 fine
Hydrocodone
- 14-28 grams: 3 years & $50,000 fine
- 28-50 grams: 7 years & $100,000 fine
- 50-200 grams: 15 years & $500,000 fine
- 200 grams to 30 kilograms: 25 years & $750,000 fine
Heroin
- 4-14 grams: 3 years & $50,000 fine
- 14-28 grams: 15 years & $100,000 fine
- 28 grams to 30 kilograms: 25 years & $500,000 fine
- Over 30 kilograms: life in prison & $500,000 fine
LSD
- 1-5 grams: 3 years & $50,000 fine
- 5-7 grams: 7 years & $100,000 fine
- Over 7 grams: 15 years & $500,000 fine
MDMA (Ecstasy)
- 10-200 grams: 3 years & $50,000 fine
- 200-400 grams: 7 years & $100,000 fine
- Over 400 grams: 15 years & $250,000 fine
Methamphetamine
- 14-28 grams: 3 years & $50,000 fine
- 28-200 grams: 7 years & $100,000 fine
- Over 200 grams: 15 years & $250,000 fine
Oxycodone
- 7-14 grams: 3 years & $50,000 fine
- 14-25 grams: 7 years & $100,000 fine
- 25-100 grams: 15 years & $500,000 fine
- 100 grams to 30 kilograms: 25 years & $750,000 fine
Aggravating Factors
Aggravating factors that can lead to enhanced sentencing for drug possession or distribution include:
- Prior convictions: previous drug-related offenses or other criminal history.
- Use of a firearm: possessing or using a firearm during the commission of the drug offense.
- Proximity to certain areas: committing the offense near schools, parks, or other areas where children are present.
- Quantity of drugs: possession or distribution of particularly large amounts of controlled substances.
- Role in a larger operation: being part of an organized crime syndicate or drug trafficking network.
- Presence of minors: involving minors in the drug offense, either as participants or witnesses.
- Violence or threats: using or threatening violence during the commission of the offense.
- Distribution to vulnerable individuals: targeting vulnerable populations, such as minors or individuals with substance abuse issues.
- Production or manufacturing: being involved in the production or manufacturing of controlled substances.
- Injury or death: causing injury or death as a result of the drug offense.
- Transport across borders: smuggling drugs across state or national borders.
- Tampering with evidence: attempting to destroy or conceal evidence related to the drug offense.
These factors can lead to longer prison sentences, higher fines, and additional penalties.
Confidential Informants in Drug Trafficking Cases
In drug trafficking cases, law enforcement agencies often rely on confidential informants (CIs) to gather evidence and conduct undercover operations. These informants can be individuals who provide information about illegal activities in exchange for leniency in their own legal situations, financial compensation, or other benefits. Confidential informants play a crucial role in making undercover stings, also known as “controlled buys,” where they attempt to purchase or sell drugs to a suspect under the supervision and recording of law enforcement.
Defense Strategies Involving Confidential Informants
A skilled criminal defense attorney is essential for addressing issues related to confidential informants. Defense strategies may include:
- Revealing the informant's identity: filing motions to disclose the identity of the confidential informant, especially if their testimony is critical to the prosecution's case.
- Challenging credibility: evaluating the informant's credibility, which can be undermined by factors such as prior criminal records, incentives for reduced charges, or payments received for cooperation with the police.
- Examining evidence: scrutinizing the evidence obtained through the informant’s involvement, including the methods used during undercover operations and the legality of any surveillance recordings.
- Fourth Amendment violations: investigating whether any evidence obtained through the informant resulted from an illegal search or seizure, which could lead to the exclusion of that evidence from the trial.
Defending Against Drug Trafficking Charges
If you are arrested for drug trafficking, it is vital to hire a knowledgeable defense attorney who can navigate the complex legal landscape. At Rush & Frisco Law, our attorneys have the experience needed to challenge the prosecution’s evidence, explore possible defenses, and work towards a reduction or dismissal of charges. We will examine the circumstances of your arrest, including any potential violations of your Fourth Amendment rights against unreasonable searches and seizures.
For more information and a free consultation, contact Rush & Frisco Law today. Our dedicated legal team is ready to defend your rights and fight for your future.
Rush & Frisco Criminal Defense Law Firm Gainesville, FL | 11 SE 2ND Ave | Gainesville, FL 32601 | Map | Tel: (352) 373-7566
