Jacksonville Drug Trafficking Attorney

What Constitutes Drug Trafficking in Florida?

When you hear “drug trafficking,” you may think of specific activities such as selling large quantities of a drug or transporting illegal drugs between states. The law regarding drug trafficking in Florida is much broader. A person may be guilty of drug trafficking if they engage in any of the following:

• Selling a certain quantity of the drug
• Purchasing a certain quantity of the drug
• Manufacturing a certain quantity of the drug
• Delivering a certain quantity of the drug
• Bringing a certain quantity of the drug into the state
• Possessing a certain quantity of the drug

Note that under Florida law, actual or constructive possession is sufficient to constitute drug trafficking if the quantity is large enough. The prosecution will not have to prove that you engaged in the sale or manufacture of the drug, or even that you had the intent to do so.

The quantity required to constitute trafficking varies depending on the drug. For example:

• 25 pounds of cannabis, or 300 plants
• 28 grams of cocaine
• 4 grams of morphine, opium, hydromorphone or any derivative, including heroin
• 28 grams of hydrocodone
• 7 grams of oxycodone
• 4 grams of fentanyl

At larger quantities, penalties are more severe.

Florida Drug Trafficking Laws and Penalties

All simple drug trafficking charges in Florida are felonies of the first degree. That means a possible prison sentence of up to 30 years. Drug trafficking charges also carry mandatory minimum prison sentences and fines.

The minimum prison sentence for drug trafficking in Florida is three years. The minimum fine is $25,000, but that applies only to the lowest-level cannabis trafficking charge. For every other drug trafficking conviction, the minimum fine is $50,000 or higher. Larger quantities may trigger longer mandatory minimum sentences of seven years, 15 years, or 25 years, along with larger fines.

We’ll use trafficking in cocaine here to illustrate how the tiered sentencing works.

• At least 28 grams but less than 200 grams – mandatory minimum sentence of three years, with potential for a sentence of up to 30 years, and a $50,000 fine
• At least 200 grams but less than 400 grams – mandatory minimum sentence of seven years, with potential for a sentence of up to 30 years, and a $100,000 fine
• At least 400 grams but less than 150 kilograms – mandatory minimum sentence of 15 years, with potential for a sentence of up to 30 years, and a $250,000 fine
• 150 kilograms or more – life in prison

In addition, if someone dies as a natural result of trafficking 150 kilograms or more of cocaine, the crime is a capital felony.

Because of the different types of drugs, the differing weight/quantity classifications depending on the drug, and other possible factors, the best way to get reliable information about the penalties you may be facing is to talk to an experienced drug crime defense attorney.

How a Florida Drug Trafficking Lawyer Can Help Your Case

The first thing your defense attorney will do is create a buffer between you and the police and prosecutors. That’s critical, because law enforcement doesn’t have to tell you the truth, and the prosecution doesn’t have to offer you complete information. An experienced defense lawyer who is on your side can explain in detail the possible consequences you face, the defenses that may be available to you, and what you can expect as the case progresses.

Your drug trafficking lawyer will also take responsibility for managing the procedural elements of your case, communicating with the court and the prosecution, and investigating your case for flaws and possible defenses.

Potential Defense Strategies for Drug Trafficking Charges

Every case is different, and your attorney will be the best source of advice about the possible defenses in your case. Some possibilities include:

• Having the substance tested to establish that it doesn’t meet the statutory definition of the drug you’ve been charged with trafficking and was not in fact illegal
• Arguing that you were entrapped–that is, that you had no inclination to commit the crime until law enforcement (usually an undercover officer) persuaded you to do so
• Arguing that you did not knowingly possess the drug in question, such as by establishing that someone else actually had control of the property where the drug was found
• Attempting to suppress evidence based on unlawful search and seizure, meaning that the jury would not get to see or hear about the illegally obtained evidence
• Attacking the credibility of witnesses, who may often be informants with criminal records who have been offered incentives to testify

Of course, this isn’t a complete list of possible defense strategies. And, a successful defense may take a multi-pronged approach. For example, your attorney may move to suppress the drugs that were found due to an illegal search. In some cases, that might be sufficient to get the charges dismissed. But, the prosecution may have other evidence, such as witness testimony, that your attorney may also have to challenge.