Tampa Drug Trafficking Attorney

What Is Drug Trafficking Under Florida Law?

Drug trafficking is one of the most serious drug offenses under Florida law. Unlike what many people assume, the State does not have to prove that you were a drug dealer, part of a drug distribution network, or even that you intended to sell drugs. Under Florida Statute 893.135, a person can be charged with trafficking simply by knowingly possessing a certain quantity of a controlled substance. The statute applies to individuals who knowingly sell, purchase, manufacture, deliver, bring into Florida, or possess specified quantities of controlled substances. Importantly, possession can be either actual possession (the drugs are found on your person) or constructive possession (the drugs are located in a place over which prosecutors claim you exercised control).

Because Florida's trafficking laws are based largely on weight thresholds, many individuals are surprised to find themselves facing mandatory prison sentences even when there is little or no evidence of drug sales. A relatively small amount of certain substances, particularly fentanyl, heroin, oxycodone, or cocaine, can trigger a first-degree felony trafficking charge carrying years, or even decades, of mandatory prison time.

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Florida Drug Trafficking Mandatory Minimum Sentences

One of the most significant aspects of a drug trafficking case is that Florida law imposes mandatory minimum prison sentences. Unlike many other criminal offenses, judges generally have very little discretion to impose a lighter sentence once a trafficking conviction occurs. The law specifically prohibits withholding adjudication and generally requires defendants to serve the applicable mandatory minimum term before becoming eligible for release.

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Cocaine Trafficking

A person commits trafficking in cocaine when they knowingly possess, sell, purchase, manufacture, deliver, or transport 28 grams or more of cocaine or any mixture containing cocaine.

Mandatory Minimum Penalties:

• 28 grams to less than 200 grams:

  • 3-year mandatory minimum prison sentence

  • $50,000 fine

• 200 grams to less than 400 grams:

  • 7-year mandatory minimum prison sentence

  • $100,000 fine

• 400 grams to less than 150 kilograms:

  • 15-year mandatory minimum prison sentence

  • $250,000 fine

• 150 kilograms or more:

  • Life imprisonment exposure in certain circumstances

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Fentanyl Trafficking

Florida has dramatically increased penalties for fentanyl-related trafficking offenses due to the ongoing opioid crisis. A person may be charged with trafficking in fentanyl if they knowingly possess 4 grams or more of fentanyl, a fentanyl analogue, or a mixture containing fentanyl.

Mandatory Minimum Penalties:

• 4 grams to less than 14 grams:

  • 7-year mandatory minimum prison sentence

  • $50,000 fine

• 14 grams to less than 28 grams:

  • 20-year mandatory minimum prison sentence

  • $100,000 fine

• 28 grams or more:

  • 25-year mandatory minimum prison sentence

  • $500,000 fine

Few criminal offenses in Florida carry penalties this severe. In many cases, just a few teaspoons of a fentanyl-containing substance can trigger decades in prison.

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Heroin and Opioid Trafficking

Florida's trafficking statute also applies to heroin, morphine, hydromorphone, opium, and certain opioid substances. A trafficking charge may arise from possession of only 4 grams or more of heroin or a heroin-containing mixture.

Mandatory Minimum Penalties:

• 4 grams to less than 14 grams:

  • 3-year mandatory minimum prison sentence

  • $50,000 fine

• 14 grams to less than 28 grams:

  • 15-year mandatory minimum prison sentence

  • $100,000 fine

• 28 grams to less than 30 kilograms:

  • 25-year mandatory minimum prison sentence

  • $500,000 fine

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Oxycodone Trafficking

Many people are surprised to learn that prescription medications can lead to trafficking charges. Under Florida law, possession of only 7 grams or more of oxycodone can result in a trafficking prosecution.

Mandatory Minimum Penalties:

• 7 grams to less than 14 grams:

  • 3-year mandatory minimum prison sentence

  • $50,000 fine

• 14 grams to less than 25 grams:

  • 7-year mandatory minimum prison sentence

  • $100,000 fine

• 25 grams to less than 100 grams:

  • 15-year mandatory minimum prison sentence

  • $500,000 fine

• 100 grams or more:

  • 25-year mandatory minimum prison sentence

  • $750,000 fine

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Methamphetamine Trafficking

Trafficking in methamphetamine or amphetamine begins at 14 grams.

Mandatory Minimum Penalties:

• 14 grams to less than 28 grams:

  • 3-year mandatory minimum prison sentence

  • $50,000 fine

• 28 grams to less than 200 grams:

  • 7-year mandatory minimum prison sentence

  • $100,000 fine

• 200 grams or more:

  • 15-year mandatory minimum prison sentence

  • $250,000 fine

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Cannabis Trafficking

Although marijuana laws have changed significantly across the country, Florida still aggressively prosecutes trafficking-level cannabis offenses.

A person may be charged with trafficking if they possess:

• More than 25 pounds of cannabis; or

• 300 or more cannabis plants.

Mandatory Minimum Penalties:

• More than 25 pounds but less than 2,000 pounds:

  • 3-year mandatory minimum prison sentence

  • $25,000 fine

• 2,000 to less than 10,000 pounds:

  • 7-year mandatory minimum prison sentence

  • $50,000 fine

• 10,000 pounds or more:

  • 15-year mandatory minimum prison sentence

  • $200,000 fine

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Drug Trafficking Conspiracy Charges

Florida prosecutors frequently file conspiracy charges in trafficking investigations. Under Florida Statute 893.135, a person who agrees or conspires with another individual to commit drug trafficking can be prosecuted and punished as though the trafficking offense had actually occurred, even if the drugs were never delivered or possessed.

This often arises in undercover investigations, wiretap cases, confidential informant operations, and multi-defendant prosecutions.

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Potential Defenses to Drug Trafficking Charges

Drug trafficking cases are often far more defensible than prosecutors initially claim. Depending on the circumstances, defenses may include:

• Illegal traffic stops

• Unlawful vehicle searches

• Defective search warrants

• Lack of knowledge of the drugs

• Lack of actual or constructive possession

• Insufficient evidence connecting the defendant to the substance

• Laboratory testing errors

• Weight calculation challenges

• Chain-of-custody issues

• Constitutional violations under the Fourth, Fifth, and Sixth Amendments

• Entrapment

Because trafficking cases often involve large-scale investigations, law enforcement officers frequently rely on confidential informants, surveillance operations, cellphone data, and search warrants. A thorough review of the evidence may uncover weaknesses that substantially improve the outcome of the case.

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Tampa Drug Trafficking Attorney

If you have been arrested for drug trafficking in Tampa or anywhere in Hillsborough County, immediate legal representation is critical. Trafficking charges can expose you to mandatory prison sentences ranging from three years to twenty-five years or more, along with fines reaching hundreds of thousands of dollars. The earlier an experienced Tampa drug trafficking attorney becomes involved, the greater the opportunity to challenge the evidence, negotiate with prosecutors, pursue suppression issues, and protect your future. At Hunt Law, we provide aggressive defense for individuals facing cocaine trafficking, fentanyl trafficking, heroin trafficking, methamphetamine trafficking, prescription drug trafficking, and other serious drug-related offenses throughout Tampa Bay. Contact Hunt Law today for a free case consultation and begin building your defense immediately.