Florida has some of the toughest drug trafficking laws in the U.S., outlined primarily in Florida Statutes § 893.135. Here's a comprehensive breakdown of what you should know:
In Florida, drug trafficking doesn't require you to be caught "selling" drugs — mere possession of a certain weight of a controlled substance can trigger trafficking charges.
Trafficking involves:
Knowingly selling, purchasing, manufacturing, delivering, bringing into Florida, or possessing a threshold quantity of a controlled substance.
Common Trafficked Substances & Thresholds
Florida law sets minimum weight thresholds for trafficking charges:
Drug Minimum Weight Statute Reference Cannabis (marijuana) 25 lbs or 300 plants § 893.135(1)(a) Cocaine 28 grams § 893.135(1)(b) Heroin 4 grams § 893.135(1)(c) Fentanyl 4 grams § 893.135(1)(c) MDMA (Ecstasy) 10 grams § 893.135(1)(k) Oxycodone 7 grams § 893.135(1)(c) Methamphetamine 14 grams § 893.135(1)(f) Hydrocodone 14 grams § 893.135(1)(c) Possessing just over the threshold (even without intent to sell) is enough.
Penalties: Mandatory Minimum Sentences
Florida law imposes mandatory minimum prison sentences and fines based on the weight of the drug. Judges cannot reduce or waive these unless the defendant qualifies as a cooperating informant or meets narrow exceptions.
Example: Cocaine Trafficking Penalties
Amount Prison Time Fine 28–200 grams 3 years min $50,000 200–400 grams 7 years min $100,000 400+ grams 15 years min $250,000 Similar tiered penalties apply to other substances.
Enhancements & Aggravating Factors
Florida increases penalties if:
The trafficking occurs near schools, parks, or childcare facilities.
Firearms or violence are involved.
It’s part of a criminal enterprise.
The offense results in death or serious injury (can trigger life sentence or capital charges).
Defenses Against Drug Trafficking Charges
Possible defenses include:
Lack of knowledge (unaware the drugs were present).
Illegal search/seizure (4th Amendment violation).
Entrapment (law enforcement induced the crime).
Constructive possession (drugs not under the defendant's direct control).
Substance was not a controlled substance (e.g., lab error).
Substantial Assistance Provision
Florida law allows sentence reductions if the defendant provides substantial assistance (i.e., snitching). The prosecution must agree and recommend the reduction under § 893.135(4).
Collateral Consequences
A drug trafficking conviction in Florida can also result in:
Driver’s license suspension
Loss of professional licenses
Ineligibility for state aid or housing
Deportation for non-citizens
Civil asset forfeiture
If you or a loved one are facing trafficking charges in Miami-Dade, Broward, or Palm Beach, contact Attorney Eric Matheny immediately.
Those arrested for trafficking must see a first-appearance Judge and run the risk of being held on a Nebbia Hold (where bond funds must first be sourced and then approved by the Court), or on a Pretrial Detention Motion.
It is CRITICAL that you be represented by an attorney at your first appearance (also known as your bond hearing) if you are facing trafficking charges.