Drug Trafficking Attorney in Miami, FL
Florida drug trafficking charges can arise from the unlawful sale, purchase, delivery, manufacture, importation, or knowing possession of specified quantities of controlled substances. A case that might otherwise involve drug possession charges may become a trafficking prosecution when the applicable weight threshold is met. Federal drug charges follow separate rules. Both systems can impose lengthy prison terms and substantial fines, making it important to consult an experienced drug trafficking attorney in Miami, Florida, as soon as possible.
In Miami-Dade County, individuals caught with large quantities of drugs are subject to aggressive prosecution in state and federal courts. Drug trafficking is often associated with drug cartels and organized crime. Under Florida law, knowing, unlawful possession of a trafficking quantity can support a trafficking charge without proof of an intent to sell or distribute. Even first-time offenders may face mandatory minimum prison sentences if convicted of drug trafficking.
Our firm defends a wide range of drug charges in Miami, from possession cases to trafficking allegations involving mandatory prison terms.
Federal Drug Trafficking Charges
Federal drug cases follow different rules from Florida prosecutions. Charges may involve manufacturing, distribution, or possession with intent to distribute under 21 U.S.C. § 841. Prosecutors may also bring federal drug conspiracy charges under 21 U.S.C. § 846. The required proof and sentencing rules depend on the federal charge. Our Miami federal criminal defense lawyers handle these cases in the Southern District of Florida.
A drug trafficking investigation may also involve money laundering allegations based on transactions involving drug proceeds. The government must prove the elements of the financial offense separately from the underlying drug charge.
What is Drug Trafficking under Florida Law?
Under section 893.135, Florida Statutes, unlawful trafficking can involve knowingly possessing, selling, purchasing, manufacturing, delivering, or bringing into Florida a quantity of a controlled substance that meets the applicable trafficking threshold. The statute also contains a plant-count threshold for cannabis. The specific penalties for drug trafficking depend on the type and quantity of the controlled substance involved. It is essential to consult with an experienced criminal defense attorney if you are facing drug trafficking charges in Miami.
An amount below the applicable trafficking threshold can still support drug sale or delivery charges if the State proves the required conduct. Those charges have their own elements and penalties under Florida law.
A quantity below the trafficking threshold can also support a charge of possession with intent to sell or deliver if the State proves the required intent. That charge does not require a completed sale.
Florida Drug Trafficking Mandatory Penalties
The table below summarizes selected Florida trafficking penalties under section 893.135. These are mandatory minimum prison terms, not maximum sentences, and they do not describe federal penalties. The charge, offense date, and any applicable statutory relief must be reviewed in each case.
Cannabis (weight or plants)
| Amount | Minimum prison term | Fine |
|---|---|---|
| More than 25 lb to less than 2,000 lb; or 300–1,999 plants | 3 years | $25,000 |
| 2,000 lb to less than 10,000 lb; or 2,000–9,999 plants | 7 years | $50,000 |
| 10,000 lb or more; or 10,000 plants or more | 15 years | $200,000 |
Cocaine
| Amount | Minimum prison term | Fine |
|---|---|---|
| 28 g to less than 200 g | 3 years | $50,000 |
| 200 g to less than 400 g | 7 years | $100,000 |
| 400 g to less than 150 kg | 15 years | $250,000 |
Hydrocodone
| Amount | Minimum prison term | Fine |
|---|---|---|
| 28 g to less than 50 g | 3 years | $50,000 |
| 50 g to less than 100 g | 7 years | $100,000 |
| 100 g to less than 300 g | 15 years | $500,000 |
| 300 g to less than 30 kg | 25 years | $750,000 |
Oxycodone
| Amount | Minimum prison term | Fine |
|---|---|---|
| 7 g to less than 14 g | 3 years | $50,000 |
| 14 g to less than 25 g | 7 years | $100,000 |
| 25 g to less than 100 g | 15 years | $500,000 |
| 100 g to less than 30 kg | 25 years | $750,000 |
Heroin, morphine, opium, and hydromorphone¹
| Amount | Minimum prison term | Fine |
|---|---|---|
| 4 g to less than 14 g | 3 years | $50,000 |
| 14 g to less than 28 g | 15 years | $100,000 |
| 28 g to less than 30 kg | 25 years | $500,000 |
Fentanyl and covered analogues
| Amount | Minimum prison term | Fine |
|---|---|---|
| 4 g to less than 14 g | 7 years | $50,000 |
| 14 g to less than 28 g | 20 years | $100,000 |
| 28 g or more | 25 years | $500,000 |
Phencyclidine (PCP)
| Amount | Minimum prison term | Fine |
|---|---|---|
| 28 g to less than 200 g | 3 years | $50,000 |
| 200 g to less than 400 g | 7 years | $100,000 |
| 400 g or more | 15 years | $250,000 |
Methaqualone
| Amount | Minimum prison term | Fine |
|---|---|---|
| 200 g to less than 5 kg | 3 years | $50,000 |
| 5 kg to less than 25 kg | 7 years | $100,000 |
| 25 kg or more | 15 years | $250,000 |
Amphetamine / methamphetamine
| Amount | Minimum prison term | Fine |
|---|---|---|
| 14 g to less than 28 g | 3 years | $50,000 |
| 28 g to less than 200 g | 7 years | $100,000 |
| 200 g or more | 15 years | $250,000 |
Flunitrazepam
| Amount | Minimum prison term | Fine |
|---|---|---|
| 4 g to less than 14 g | 3 years | $50,000 |
| 14 g to less than 28 g | 7 years | $100,000 |
| 28 g to less than 30 kg | 25 years | $500,000 |
GHB
| Amount | Minimum prison term | Fine |
|---|---|---|
| 1 kg to less than 5 kg | 3 years | $50,000 |
| 5 kg to less than 10 kg | 7 years | $100,000 |
| 10 kg or more | 15 years | $250,000 |
GBL
| Amount | Minimum prison term | Fine |
|---|---|---|
| 1 kg to less than 5 kg | 3 years | $50,000 |
| 5 kg to less than 10 kg | 7 years | $100,000 |
| 10 kg or more | 15 years | $250,000 |
MDMA (Ecstasy/Molly)
| Amount | Minimum prison term | Fine |
|---|---|---|
| 10 g to less than 200 g | 3 years | $50,000 |
| 200 g to less than 400 g | 7 years | $100,000 |
| 400 g or more | 15 years | $250,000 |
LSD
| Amount | Minimum prison term | Fine |
|---|---|---|
| 1 g to less than 5 g | 3 years | $50,000 |
| 5 g to less than 7 g | 7 years | $100,000 |
| 7 g or more | 15 years | $500,000 |
Weights include qualifying mixtures where the statute provides. For controlled pills, the mixture weight can include the full pill weight. Cannabis plant-count rows reflect the statute’s requirement to impose the longest applicable term where its ranges overlap.
¹ The heroin, morphine, opium, and hydromorphone rows summarize section 893.135(1)(c)1., including the salts, derivatives, and isomers covered by that provision. Oxycodone, hydrocodone, and fentanyl have separate tiers shown above.
This table is not exhaustive. Additional substances and enhanced provisions, including life or capital penalties in specified circumstances and special fentanyl offenses involving minors, require separate review of the statute.
Trafficking charges can involve prescription medications such as oxycodone and hydrocodone. Our guide to prescription-drug offenses in Florida explains how lawful possession, prescription fraud, and drug weight can affect the charge.
Defenses to Drug Trafficking Charges
There are several defenses that a person can raise against drug trafficking charges in Florida. Some of these defenses include:
- The defendant lawfully possessed the drugs, such as with a valid prescription
- The defendant did not know the drugs were present
- The evidence seized was not a controlled substance
- The State cannot prove actual or constructive possession, or another act required for the charged trafficking offense; mere presence near drugs does not by itself establish possession
Other legal defenses include challenging an illegal search and seizure, and entrapment.
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures by the police. This means that the police must follow specific rules and procedures when conducting searches, and any evidence obtained through an illegal search may be excluded from court. When police obtain evidence in violation of your rights, a motion to suppress evidence may prevent prosecutors from using it. Whether suppression is available depends on the facts and the governing law.
In Florida cases, entrapment may be a defense when law enforcement or someone working with police induces a person to commit an offense that the person was not otherwise ready to commit. An undercover operation alone does not establish entrapment. The defense requires close review of the government’s conduct and the defendant’s predisposition.
Even in difficult cases where there may not seem to be any legal defenses available, an experienced drug trafficking attorney can often provide valuable help and guidance by helping you understand your legal options and developing a strategy to achieve the best possible outcome in your case.
Other Resources
Florida Statute 893.135 – Florida drug trafficking statute.
21 U.S.C. § 841 – Federal drug manufacturing, distribution, and possession-with-intent offenses and penalties.
21 U.S.C. § 846 – Federal drug attempt and conspiracy offenses.
Contact an Experienced Miami Drug Trafficking Attorney
Whether you or a loved one has been arrested or is under investigation for a drug trafficking offense in Florida, it is critical to consult with an experienced drug trafficking crime attorney as soon as possible to ensure your rights are protected. Drug trafficking is a serious crime punishable by significant fines and prison sentences, even for first-time offenders. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
Over the years, we have represented hundreds of clients in a wide range of drug crimes. There is a good chance that we have dealt with your type of case and have represented other Florida drug trafficking clients who shared similar needs and concerns that you may have. Review our criminal defense case results for examples of cases we have handled and outcomes we have obtained. Each case depends on its own facts.
By taking the immediate action of hiring an attorney to defend yourself, you are minimizing the chances that your drug trafficking case will have lasting consequences for your career, personal life, and reputation.
CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.
ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A LAWYER