Florida Drug Laws: When Does Possession Turn Into Trafficking?
When most people think of drug trafficking, they generally associate it with large-scale operations involving dealers and smugglers. However, in Florida, the line between drug possession and trafficking is very thin. For you to face a drug trafficking charge, you only need to be in possession of a certain quantity of a drug or controlled substance, and your crime automatically escalates into possession. The thresholds vary depending on the type of drug, and the penalties are severe, even if it’s your first time trafficking drugs. Understanding when drug possession turns into trafficking under Florida law is therefore critical.
Florida’s Drug Trafficking Criteria
Under Florida Statute 893.135, the amount of drugs in your possession mainly determines whether you face trafficking charges. Even if you have no intention of selling or distributing the substance, exceeding specific weight or quantity thresholds automatically escalates the charge from possession to trafficking. The argument behind this is that if you have such a large quantity of a controlled substance, chances are it may not be entirely for personal use. For instance, possessing the following amounts can give rise to a drug trafficking charge:
- Marijuana: More than 25 pounds or 300 plants
- Cocaine: 28 grams or more
- Methamphetamine: 14 grams or more
- Oxycodone: 7 grams or more
- Heroin or Morphine: 4 grams or more
- LSD: 1 gram or more
Moreover, possessing mixtures of drugs that exceed these limits can still result in trafficking charges. While quantity plays a significant role in drug trafficking charges, law enforcement may also consider intent. If law enforcement can prove that you intended to distribute or sell, even if the amount falls below the trafficking threshold, you could face trafficking charges. Intent may be based on drug packaging, paraphernalia, communication records, or if you have a history of related offenses.
Penalties for Drug Trafficking
It is worth noting that any drug trafficking charge in Florida is a first-degree felony. The law imposes mandatory minimum sentences, depending on the type and amount of the illegal drug.
Marijuana:
- 25 but <2,000 pounds or 300–2,000 plants: 3 years minimum and $25,000 fine
- 2,000 but <10,000 pounds or 2,000–10,000 plants: 7 years and $50,000 fine
- Over 10,000 pounds or plants: 15 years and $200,000 fine
Cocaine:
- 28 but <200 grams: 3 years and $50,000 fine
- 200 but <400 grams: 7 years and $100,000 fine
- 400 grams but <150 kilograms: 15 years and $250,000 fine
Oxycodone:
- 7 but <14 grams: 3 years and $50,000 fine
- 14 but < 25 grams: 7 years and $100,000 fine
- 25 grams but < 100 grams: 15 years and $500,000 fine
- 100 grams but < 30 kilograms: 25 years and $750,000 fine
Methamphetamine:
- 14 but <28 grams: 3 years and $50,000 fine
- 28 but <200 grams: 7 years and $100,000 fine
- Over 200 grams: 15 years and $250,000 fine
In extreme cases, such as possession of 150 kilograms of cocaine, the penalty can escalate to a life sentence without parole.
Defending Against Drug Trafficking Charges
If you’re charged with drug trafficking in Florida, seeking legal counsel immediately is crucial. A skilled attorney can challenge the case by examining the legality of the search and seizure, questioning the accuracy of the drug weight, or negotiating a plea to reduce the charges.
Contact Our Orlando Drug Trafficking Lawyer Today
If you have been charged with drug trafficking in Florida, our experienced Orlando drug trafficking lawyer at Joshi Law Firm, PA, can help explore your options and build a strong defense.
