If police find you with drugs, you might assume you’re facing a simple possession charge, but that assumption can be wrong. Depending on the type and amount of the drugs, what seems like a relatively minor offense can quickly escalate into a trafficking charge.
Under Florida law, drug trafficking is primarily based on the quantity or weight of the substance in your possession. Even if your drugs are for personal use, exceeding certain statutory thresholds can automatically trigger trafficking charges. Some of these thresholds include:
- Cannabis: 25 pounds or 300 plants
- Cocaine: 28 grams
- Heroin: 4 grams
- Fentanyl: 4 grams
- Methamphetamine: 14 grams
- Oxycodone/Hydrocodone: 7 grams
It’s worth noting that prosecutors don’t have to prove you sold drugs, intended to sell them or even knew how much you were carrying to bring a trafficking charge. This means you could be charged with trafficking even if you never sold a single gram.
Why it matters
Florida trafficking laws carry strict mandatory minimum sentences. A judge cannot go below these minimums, even if they want to. For instance, at 28 grams of cocaine, you’re already looking at a minimum three-year prison sentence and a $50,000 fine. At higher quantities, those numbers escalate sharply.
Building a defense
Facing a trafficking charge doesn’t mean conviction is inevitable. Law enforcement sometimes make mistakes that can help your defense. If your rights were violated during a search and seizure or if there were errors in how police handled the evidence in their custody, such issues can significantly weaken the case against you.
Reaching out for early legal guidance when facing such serious charges in Florida can help protect your rights, identify any weaknesses in the prosecution’s case and build a strategic defense strategy from the outset.