Most people associate drug trafficking with depictions from TV or movies, which highlight the act as a massive organization moving drugs in and out of a country. While this is technically considered drug trafficking, it is not the only way a person can be charged with the offense. 

Even a person who is not an actual “drug dealer” can be charged with a drug trafficking offense. The deciding factor is whether the defendant had controlled a substance in his or her possession, and whether the quantity of the substance meets the threshold for a drug trafficking charge. 

In Florida, it has become more common for illicit drugs to be trafficked in and out of the state from unlawful doctor offices and “pill mills.” An example of this occurs when a legitimate doctor prescribes someone with an excess of a controlled substance, or the defendant had been prescribed the same substance by another doctor. As a result, the controlled substances can be trafficked and sold on the black market.  

A person can be charged with drug trafficking as both a State and Federal offense. That means this type of crime comes with extremely harsh consequences. If you or someone you know has been arrested for drug trafficking, it is in your best interest to immediately seek out legal guidance from a defense attorney. 

South Florida Drug Trafficking Defense Attorney 

It is imperative that you seek out a defense attorney if you are charged with a drug trafficking offense in Broward, Palm Beach County, and South Florida. An experienced attorney will work to reduce the charges against you or have them dismissed completely. The defense attorneys at Ian Goldstein Law have worked with drug trafficking cases and understand the State and Federal drug trafficking laws. Contact our law office today at (561) 600-0950 to receive a free consultation on your case.

Drug Trafficking Definition 

The definition of drug trafficking is when a person illegally possesses a certain quantity of a controlled substance. The offense can also include when a person cultivates, manufactures, distributes, or sells a controlled substance which is otherwise against the law. 

Florida’s Drug Schedule 

The state of Florida has its own Drug Schedule which classifies each controlled substance based on its ability for medical use, and potential for abuse. Under Florida Statute Section 893.03, the following is a list of the various Drug Schedules: 

  • Schedule I – No acknowledged medical use and high potential for abuse. Examples include heroin and GHB. 
  • Schedule II – Limited accepted medical use and high potential for abuse, but lower than Schedule I. Examples include Codeine and Oxycodone. 
  • Schedule III – There is some accepted medical use and some potential for abuse, but lower than those in Schedule I and II. Examples include anabolic steroids. 
  • Schedule IV – Commonly accepted medical use, but still has some potential for abuse, although lower than those in Schedule I-III. Examples include Diazepam and Tramadol. 
  • Schedule V – Commonly accepted medical use even more so than Schedule IV, with the lowest potential for abuse compared to Schedules I-IV. Examples include  some stimulants. 

Florida’s Drug Trafficking Charges

In Florida, it is unlawful for any person to traffic a controlled substances. Under Florida Statute Section 893.13, any person who is caught trying to sell, manufacture, deliver, or possess a controlled substance with the intent to sell can be charged with a drug trafficking offense. 

The most trafficked controlled substances are as follows: 

  • Cannabis (marijuana) 
  • Cocaine
  • Heroin
  • LSD
  • Hydrocodone
  • OxyContin
  • Vicodin
  • Opium
  • Psilocybin (“Magic” Mushrooms) 
  • Methamphetamine
  • Codeine
  • Morphine

When a person is charged with drug trafficking, the penalties are based on the type of substance and the amount that the defendant has in their actual or constructive possession. Depending on where the substance lies on the Florida Drug Schedule can determine its penalties. In addition, the quantity of the controlled substances must meet the threshold in order for law enforcement to charge the defendant with trafficking.  

Drug Trafficking Thresholds

The difference between simple drug possession and drug trafficking charges is that the defendant has met or exceeded the State’s drug trafficking threshold. The threshold implies that a person in possession of a controlled substance at or above a certain quantity can face charges for drug trafficking. The following list is the threshold for several types of controlled substances: 

  • Cannabis – 25 pounds or 300 cannabis plants
  • Cocaine – 28 grams
  • GHB – 1 kilogram
  • Fentanyl – 4 grams
  • Heroin – 4 grams
  • Hydrocodone – 14 grams
  • LSD – 1 gram
  • Ecstasy (MDMA) – 10 grams 
  • Oxycodone – 7 grams

Any person who is found with the above quantity of controlled substances has met the threshold for a trafficking charge. Considering these are the minimum amounts, the penalties will go up in severity depending on how much is in the defendant’s actual or constructive possession. 

Penalties for Drug Trafficking in Florida 

The two most commonly trafficking controlled substances in Florida are cannabis and cocaine. Under Florida Statute Section 893.135, any person who knowingly sells, purchases, manufactures, delivers, or brings into the state: 

  • 25lbs of cannabis or 300 or more cannabis plants; or
  • 28 grams or more of cocaine, but less than 150 kilos;

Can be charged with a first-degree felony in Florida. The penalties for a first-degree felony include up to $10,000 in fines and up to 30 years in prison. However, there are additional penalties dependent on the following quantities of both cannabis and cocaine: 

Cannabis 

      • Quantity between 25-2,000lbs – Mandatory prison sentence of 3 years and a $25,000 fine
      • Quantity between 2,000-10,000lbs – Mandatory prison sentence of 7 years and a $50,000 fine
      • Quantity over 10,000lbs - Mandatory prison sentence for 15 years and a $200,000 fine

Cocaine 

    • Quantity between 28-200 grams - Mandatory prison sentence of 3 years and a $50,000 fine
    • Quantity between 200-400 grams - Mandatory prison sentence of 7 years and a $100,000 fine
    • Quantity between 400 grams-150 kilograms - Mandatory prison sentence of 15 years and a $250,000 fine
    • Quantity over 150 kilograms – Life imprisonment without the possibility of parole 

In addition to the penalties above, any person whose controlled substance resulted in the death of any person, when the defendant knew that the substance would result in the death of any person, can be charged with a capital importation of cocaine or other lethal substance. The penalties for a capital felony are either life imprisonment without the possibility of parole, or the death penalty. 

Mandatory Minimum Sentencing 

Given the nature of the offense, there are mandatory minimum sentences that a person will face for drug trafficking. The amount of time for imprisonment and the fine amount will be determined based on the quantity of illegal substances in the defendant’s possession. 

The following list includes the mandatory minimum sentencing for other controlled substances in Florida: 

Trafficking Fentanyl

      • 4 grams or more, but less than 14 grams – Mandatory minimum prison sentence of 3 years and a $50,000 fine
      • 14 grams or more, but less than 28 grams – Mandatory minimum prison sentence of 15 years and a $100,000 fine
      • 28 grams or more, but less than 30 kilograms - Mandatory minimum prison sentence of 25 years and a $500,000 fine

Trafficking Heroin 

      • 4 grams or more, but less than 14 grams - Mandatory minimum prison sentence of 3 years and a $50,000 fine
      • 14 grams or more, but less than 28 grams – Mandatory minimum prison sentence of 15 years and a $100,000 fine
      • 28 grams or more, but less than 30 kilograms - Mandatory minimum prison sentence of 25 years and a $500,000 fine
      • 30 kilograms or more – Life imprisonment and a $500,000 fine

Trafficking GHB 

      • 1 kilogram or more, but less than 5 kilograms – Mandatory minimum prison sentence of 3 years and a $50,000 fine
      • 5 kilograms or more, but less than 10 kilograms - Mandatory minimum prison sentence of 7 years and a $100,000 fine
      • 10 kilograms or more - Mandatory minimum prison sentence of 15 years and a $250,000 fine 

Trafficking Hydrocodone 

      • 14 grams or more, but less than 28 grams - Mandatory minimum prison sentence of 3 years and a $50,000 fine
      • 28 grams or more, but less than 50 grams - Mandatory minimum prison sentence of 7 years and a $100,000 fine 
      • 50 grams or more, but less than 200 grams - Mandatory minimum prison sentence of 15 years and a $100,000 fine 
      • 200 grams or more, but less than 30 kilograms - Mandatory minimum prison sentence of 25 years and a $750,000 fine

Trafficking LSD 

      • 1 gram or more, but less than 5 grams - Mandatory minimum prison sentence of 3 years and a $50,000 fine
      • 5 grams or more, but less than 7 grams - Mandatory minimum prison sentence of 7 years and a $100,000 fine 
      • 7 grams or more - Mandatory minimum prison sentence of 15 years and a $500,000 fine

Trafficking Ecstasy (MDMA) 

      • 10 grams or more, but less than 200 grams - Mandatory minimum prison sentence of 3 years and a $50,000 fine 
      • 200 grams or more, but less than 400 grams - Mandatory minimum prison sentence of 7 years and a $100,000 fine
      • 400 grams or more - Mandatory minimum prison sentence of 15 years and a $250,000 fine

Trafficking Methamphetamine 

      • 14 grams or more, but less than 28 grams - Mandatory minimum prison sentence of 3 years and a $50,000 fine
      • 28 grams or more, but less than 200 grams - Mandatory minimum prison sentence of 7 years and a $100,000 fine
      • 200 grams or more - Mandatory minimum prison sentence of 15 years and a $250,000 fine

Trafficking Oxycodone 

    • 7 grams or more, but less than 14 grams - Mandatory minimum prison sentence of 3 years and a $50,000 fine 
    • 14 grams or more, but less than 25 grams - Mandatory minimum prison sentence of 7 years and a $100,000 fine
    • 25 grams or more, but less than 100 grams - Mandatory minimum prison sentence of 15 years and a $500,000 fine
    • 100 grams or more, but less than 30 kilograms - Mandatory minimum prison sentence of 25 years and a $750,000 fine

The mandatory minimum sentencing for drug trafficking is considered the “sentencing floor.” This means that a defendant cannot be sentenced to anything less than the mandatory minimum sentence. 

One important detail to note is that defendants who are convicted of drug trafficking are still eligible for incentive gain time. Gain time is the inmate’s possibility of earning a reduced sentence for good behavior. If the incarcerated person maintains good behavior, they may only be required to serve 85% of their mandatory minimum sentence. 

Federal Drug Trafficking Charges 

In addition to being charged for drug trafficking in Florida, it is also considered a federal offense. Under 21 U.S. Code § 841, it is unlawful for any person to knowingly and intentionally manufacture, distribute, dispense, or possess with the intent to manufacture, distribute, or dispense a controlled substance. This is applied to any controlled substances being trafficking within the State, across State borders, or from another foreign country into the United States. 

Just as Florida has its own Drug Schedule, there is also a Federal Drug Schedule. Under the Federal Controlled Substances Act, the substances range from a Schedule I (greatest likelihood of abuse) to a Schedule V (least harmful for potential of abuse). Just as it works with the State law, federal drug trafficking penalties vary depending on the substance and its quantity. 

An example of federal drug trafficking penalties are as follows: 

  • 10 years to life in federal prison for no prior convictions; 
  • 20 years to life in federal prison if the offender has a prior conviction, or if the substances trafficked resulted in a person’s serious bodily injury or death; 
  • Life imprisonment in federal prison without the possibility of parole if the defendant has two or more previous convictions; 
  • Individual fines which can reach up to $8,000,000 
  • If not an individual, then fines up to $20,000,000 

Defenses to Drug Trafficking 

When it comes to offenses such as drug trafficking, you may feel as if you have no options after being arrested. However, there are still possible defenses that can be used in your case. To figure out which defense is best applicable to your case, we advise first speaking with a drug trafficking defense attorney near you. The following are defenses which can be used in a drug trafficking case: 

  • Entrapment – This type of defense can be used if an undercover cop has induced the defendant into committing a crime they wouldn’t have otherwise committed. A defense attorney can work towards getting your charges dismissed or dropped if there is proof of entrapment. 
  • Illegal search and seizure – When law enforcement searches a suspect’s house, car, or body, they must do so in a legal manner. That includes having a proper search warrant, or having probable cause. If a police officer coerces you into agreeing to a search, a defense attorney can file for a motion to suppress. That means any of the evidence which was obtained in an illegal search and seizure will not be presented as evidence in the case. 

Finding a Drug Trafficking Attorney in South Florida

The state of Florida takes drug charges very seriously. Due to the nature of the offense and large quantity of illegal substances allegedly in the possession of the defendant, the State is likely to prosecute drug trafficking charges to its harshest extent. This is especially true given the rising trends in drug overdoses from substances like fentanyl. 

If you or someone you know is arrested on a drug charge, we highly advise that you speak with a South Florida drug trafficking defense lawyer near you. The attorneys at Ian Goldstein Law can help by discussing the details from your case and strategizing defenses. Our team has worked with clients accused of drug charges across the State. We will fight for you and work towards winning your freedom. Contact our law office today at (561) 600-0950 and receive a free consultation regarding your case. 

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