Miami Drug Trafficking Defense Attorney

What is considered drug trafficking in Florida? 

Florida has poured countless resources into clearing up its image as a 1980s drug trafficking hub. The laws here are some of the harshest in the country.

But what constitutes drug trafficking in Florida?

Drug trafficking charges target not only multinational drug cartels but anyone who is found with certain quantities of illicit drugs on them. According to Section 893.135 of the Florida Statutes, even small amounts of Schedule I drugs like cocaine or heroin can lead to a drug trafficking charge.

In fact, trafficking differs from possession, sale, or delivery of drugs only in the amounts of the particular drugs found. Because of the larger amounts of illicit substances involved in trafficking cases, it is classed as a first-degree felony and the accompanying penalties are more severe than for sale or delivery.

What is the mandatory minimum sentencing for drug trafficking in Florida?

Trafficking in any illicit substance is a first-degree felony in Florida, which comes with penalties of up to 30 years in prison.

Because of the mandatory minimum prison sentences under Florida law, a judge has limited powers of discretion and must sentence a person convicted of drug trafficking to the specified prison term rather than probation or county jail time.

Mandatory minimum sentences for drug trafficking in Florida range from 3 to 25 years. Unless waived by the prosecutor (which is rare in drug trafficking cases), a sentence of this length will, therefore, almost certainly be imposed for convicted traffickers.

What are the penalties for drug trafficking in Florida?

Beyond the mandatory minimums, a drug trafficking conviction in Miami can result in serious maximum prison sentences and fines. These penalties vary according to the types and quantities of drugs involved.

Before considering the types of penalties imposed for trafficking various types of drugs, bear in mind that aggravating factors may result in higher fines and longer prison sentences for convicted felons.

These aggravating factors may include any of the following:

• Prior drug conviction(s)
• The possession or use of a firearm during the commission of the crime
• A death resulting from drug trafficking activities
• Membership of an organized criminal gang or enterprise

Here are some standard sample penalties associated with commonly trafficked substances in Florida:

Penalties for marijuana trafficking

Anyone convicted of trafficking in marijuana faces a first-degree felony (up to 30 years in state prison), with the following penalties usually applied based on the amounts involved:

• 25 to 2,000 pounds (or more than 300 plants): Three-year mandatory minimum prison sentence and a $25,000 fine.
• 2,000 to 10,000 pounds (or more than 2,000 plants): Seven-year mandatory minimum prison sentence and a $50,000 fine.
• 10,000 or more pounds (or more than 10,000 plants): 15-year mandatory minimum prison sentence and a $250,000 fine.

Penalties for cocaine trafficking

Anyone convicted of trafficking in cocaine faces a first-degree felony (up to 30 years in state prison), with the following penalties usually applied based on the amounts involved:

• 28 grams to 200 grams: Three-year mandatory minimum prison sentence and a $50,000 fine.
• 200 to 400 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine.
• 400 grams to 1.5 kilograms: 15-year mandatory minimum prison sentence and a $250,000 fine.

Penalties for heroin trafficking

Anyone convicted of trafficking in heroin faces a first-degree felony (up to 30 years in state prison), with the following penalties usually applied based on the amounts involved:

• 4 to 14 grams: Three-year mandatory minimum prison sentence and a $50,000 fine.
• 14 to 28 grams: 15-year mandatory minimum prison sentence and a $100,000 fine.
• 28 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a $500,000 fine.

Penalties for hydrocodone trafficking

Hydrocodone is an opioid used to treat pain and as a cough suppressant — but is classed as a Schedule II illicit substance by the federal government under the Controlled Substances Act.

Anyone convicted of trafficking in hydrocodone faces a first-degree felony (up to 30 years in state prison), with the following penalties usually applied based on the amounts involved:

• 14 to 28 grams: Three-year mandatory minimum prison sentence and a $50,000 fine.
• 28 to 50 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine.
• 50 to 200 grams: 15-year mandatory minimum prison sentence and a $500,000 fine.
• 200 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a $750,000 fine.

Penalties for oxycodone trafficking

Oxycodone is a semi-synthetic narcotic analgesic sold under the brand name OxyContin and others. Because of widespread trafficking and abuse, it is classed as a Schedule II illicit substance by the federal government under the Controlled Substances Act.

Anyone convicted of trafficking in oxycodone faces a first-degree felony (up to 30 years in state prison), with the following penalties usually applied based on the amounts involved:

• 7 to 14 grams: Three-year mandatory minimum prison sentence and a $50,000 fine.
• 14 to 25 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine.
• 25 to 100 grams: 15-year mandatory minimum prison sentence and a $500,000 fine.
• 100 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a fine of $750,000.

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