Miami Drug Trafficking Attorneys

Penalties for Drug Trafficking in Florida

People accused of drug trafficking in Florida face severe criminal penalties if convicted at the state level.

In order to prove an allegation of drug trafficking under § 893.135 of the Florida Statutes, all that a prosecutor must show beyond all reasonable doubt is that:

• A person had knowledge of the substance;
• The substance was the controlled substance that was alleged; and
• The substance weighed over the minimum alleged amount.

Only a prosecutor can recommend to the court a departure from the mandatory minimum sentence.

A majority of drug trafficking cases involve controlled substances such as:

The state penalties for drug trafficking are harsh, with mandatory minimum sentences required in the Florida State Prison and fines that greatly exceed the fines for other types of crimes. Penalties usually depend on the type and quantity of drugs allegedly involved. In addition, if you are not a United States citizen, a conviction for an offense related to a controlled substance violation will result in deportation from the U.S. (unless certain exceptions apply).

Penalties for Conviction of Marijuana Trafficking in Florida

Trafficking in cannabis (marijuana) is a first-degree felony, punishable by up to 30 years in state prison, but depending on the amount of marijuana, the mandatory minimum prison sentences and fines imposed after a conviction differ:

• 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 Conviction of Cocaine Trafficking in Florida

Trafficking in cocaine is a first-degree felony, punishable by up to 30 years in state prison, but the amount of cocaine will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 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 Conviction of Heroin Trafficking in Florida

Trafficking in heroin is a first-degree felony, punishable by up to 30 years in state prison, but the amount of heroin will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 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 Conviction of Hydrocodone Trafficking in Florida

Trafficking in hydrocodone (marketed under trade names such as Vicodin and others) is a first-degree felony, punishable by up to 30 years in state prison.

However, the amount of hydrocodone will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 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 Conviction of Oxycodone Trafficking in Florida

Trafficking in oxycodone (marketed under the trade name OxyContin and others) is a first-degree felony, punishable by up to 30 years in state prison, but the amount of oxycodone will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 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

Note: Other aggravating factors, such as a prior drug conviction or the possession or use of a firearm while engaged in drug trafficking, or a death that occurs as a result of drug trafficking, may result in even more jail time or higher fines. The penalties for trafficking in other controlled substances not listed here (such as methamphetamine, GHB, LSD and others) can also be found in § 893.135 of the Florida Statutes.

Confidential Informants

Law enforcement agencies often use confidential informants to make undercover stings, or “controlled buys,” of drugs. During these types of law enforcement operations, a confidential informant will be instructed to attempt to buy or sell drugs to either a known or unknown person. Police generally record the transaction through audio or video surveillance. The buyer or seller is then arrested once the transaction is completed.

Confidential informants have special status in criminal cases. The State Attorney’s Office can sometimes protect the identity of these witnesses due to the danger of disclosure and the risk of jeopardizing future law enforcement investigations.

You need a qualified criminal defense attorney to address issues related to confidential informants. Many times the identity of a confidential informant can be revealed with a simple motion. In addition, a skilled criminal defense attorney can evaluate the credibility of confidential informants through the discovery process and through depositions. Many confidential informants lack credibility due to prior criminal records, an incentive to receive a reduction in pending charges, and/or payment for their cooperation with police.

Defending a Drug Trafficking Case in Miami, Florida

The Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures, sets the framework for proper searches and offers a possible defense when a person is accused of drug trafficking. If the police conduct an illegal search under the Fourth Amendment, any evidence obtained must be excluded.

Florida law allows an entrapment defense when police illegally induce a person to commit a crime when the person induced was not otherwise predisposed to engage in the illegal activity. A defense attorney may also be able to make an argument that the defendant had no knowledge that he or she possessed any drugs.

A skilled drug crime defense attorney will be able to assess the situation and determine factors that may mitigate the charges, which could lead to a reduction or dismissal of the charges.

Trust Our Firm to Fight for You & Your Future

If you were charged with drug trafficking, trafficking in narcotics, or trafficking in a controlled substance in Miami-Dade County or throughout Florida, you face a serious first-degree felony charge, with harsh penalties of years in prison and expensive fines if convicted. A skilled and dedicated criminal defense attorney can help you decide how to respond to your drug charges.

Hubbs Law Firm has the experience and qualifications to help you fight for your freedom. Our Miami drug trafficking attorneys can aggressively defend you against your charges and provide you with skilled representation in your case.

We offer a free initial consultation. Meet our attorneys and let them explain your charges and the potential penalties that may be imposed if you are convicted. Allow us to examine your arrest for any missteps the police or arresting agency made, which could lead to the exclusion of evidence. Ask about possible defense strategies and learn how you might be able to avoid the harshest penalties. We may even be able to secure a reduction or dismissal of the charges.

Don't delay! Call Hubbs Law Firm today at (305) 570-4802 to schedule an appointment to discuss your drug trafficking charge.

Additional Resources

• Florida Statutes, Title XLVI, Chapter 893, § 893.135 – Read the current Florida laws about drug trafficking, the drugs and their amounts that may lead to a drug trafficking charge, and the mandatory minimum sentences that may be imposed by the state of Florida.
• Standard Criminal Jury Instructions for Criminal Cases – The Florida Supreme Court website has links to the Standard Criminal Jury Instructions for Trafficking in Controlled Substances cases, including cannabis, cocaine, heroin, oxycodone, hydrocodone, phencyclidine and methaqualone.
• Federal Drug Trafficking Penalties – The U.S. Drug Enforcement Administration (DEA) lists the penalties for federal drug trafficking offenses.
• Drug Enforcement Administration (DEA)– The DEA is the primary federal agency tasked with investigating federal drug crimes.  Click on this link for information on the agency, press releases, and information on how to leave a tip of suspected drug crimes. 
• Miami-Dade Police Department (Narcotics Bureau) - The Narcotics Unit with the Miami-Dade Police Department handles state investigations of drug crimes in Miami-Dade County.
• City of Miami Police Department (Narcotics)- The Narcotics Unit with the City of Miami Police Department handles state investigations of drug crimes in the city of Miami.
• Florida Department of Law Enforcement (FDLE)- Click here to see statistics for drug and other crimes compiled by FDLE.