Florida Statute § 893.135 (Drug Trafficking)
Statutory Warning:
In Florida, “trafficking” does not require proof of sales or transport—it is determined strictly by the gross weight of the substance seized. Crossing the threshold triggers mandatory prison terms.
Florida Drug Trafficking Weight Thresholds & Mandatory Sentences
| Controlled Substance | Weight Threshold | Mandatory Minimum Prison | Mandatory Fine |
|---|---|---|---|
| Fentanyl | 4g to 14g 14g to 28g 28g+ | 3 Years 7 Years 20 Years | $50,000 $100,000 $500,000 |
| Cocaine | 28g to 200g 200g to 400g 400g to 150kg | 3 Years 7 Years 15 Years | $50,000 $100,000 $250,000 |
| Cannabis / Weed | 25 lbs to 2,000 lbs (or 300+ plants) | 3 Years | $25,000 |
| Oxycodone / Hydrocodone | 7g to 14g 14g to 28g 28g to 100g | 3 Years 7 Years 15 Years | $50,000 $100,000 $100,000 |
How to Defend Against Florida Trafficking Charges
- Fourth Amendment Motions to Suppress: If law enforcement conducted an illegal traffic stop, prolonged a search without canine probable cause, or searched a residence with a defective warrant, the physical drugs can be suppressed, forcing dismissal.
- Substantial Assistance (§ 893.135(4)): Florida law authorizes the State Attorney to recommend sentence reductions or complete relief from mandatory minimums if substantial assistance is provided.
- Constructive Possession Challenges: When contraband is found in a shared vehicle or dwelling, the State must prove beyond a reasonable doubt that the accused had actual knowledge and dominion/control over the contraband.
Facing Trafficking Charges in Florida?
Mandatory minimums require proven criminal trial litigators. Contact an experienced Florida drug defense attorney today.
Disclaimer: The information provided on this page is for educational and informational purposes only and does not constitute formal legal advice. Hiring a criminal defense attorney is an important decision that should not be based solely upon advertisements. Pursuant to Florida Bar Rule 4-7, past legal results do not guarantee future outcomes.