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Drug Trafficking Lawyer

People often assume that those who traffic and sell drugs are only charged with drug trafficking under Florida law when they’re caught selling drugs or physically transporting drugs. But the truth is that charges and penalties for drug trafficking in Florida are based on the amount of a controlled substance that an alleged offender possesses and aggravating factors, not necessarily the alleged illegal activity the accused was involved in.

Drug trafficking offenses are among the most serious crimes involving controlled substances that individuals can be charged with. Why? Because a conviction in a drug trafficking case can often carry a harsh mandatory minimum sentence.

A drug trafficking charge can be as serious as a first degree felony in Florida and carries more than the potential for a lengthy mandatory minimum sentence and expensive fines. A drug trafficking conviction can also be incredibly damaging to your criminal record and can lead to long-term hardship in matters concerning employment, housing, and government benefits.

If you have been charged with drug trafficking, you need more than the average criminal defense attorney on your side. Drug trafficking lawyers specialize in helping people who’ve been charged with drug trafficking understand the law and put up a strong defense, from questioning the credibility of a confidential informant to challenging an illegal search under the Fourth Amendment to presenting an entrapment defense.

Broward County Drug Trafficking Information Center

• How are drug trafficking crimes classified under state law?
• What are the possible consequences of federal drug trafficking charges?
• Where can I learn more about drug trafficking in Broward County?

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Florida Drug Trafficking Charges

Under Florida Statute § 893.135, a drug trafficking offense is defined as a person knowingly selling, purchasing, manufacturing, delivering, or transporting controlled substances. A person also commits drug trafficking under Florida law if they knowingly are in actual or constructive possession of a certain amount of a controlled substance.

Drug trafficking, including simple possession of a large amount of a controlled substance, is considered a serious crime in Florida and can land you and other persons involved in a state prison.

While possession of a small amount of a controlled substance with intent to sell can be a second or third degree felony, possession of a larger amount is typically a first degree felony and can carry more severe consequences.

Charges for Drug Trafficking in Florida

Florida law provides for many different types of trafficking charges, including:

Florida law provides for many different types of trafficking charges, including:

• 499.0051(6) – TRAFFICKING IN CONTRABAND PRESCRIPTION DRUGS
• 893.135(1)(F)1A – TRAFFICKING IN AMPHETAMINE
• 893.135(1)(B)1A – TRAFFICKING IN COCAINE
• 893.135(1)( C )1 A – TRAFFICKING IN HEROIN
• 893.135(1)( A )1 – TRAFFICKING IN MARIJUANA
• 893.135(1)( E )1 A – TRAFFICKING IN METHAQUALONE
• 893.135(1)( D )1 A – TRAFFICKING IN PHENCYCLIDINE
• 893.135(1)( G )1 A – TRAFFICKING IN FLUNITRAZEPAM
• 893.135(1)( C )1 A – TRAFFICKING IN HYDROMORPHONE
• 893.135(1)( H )1 A – TRAFFICKING IN GHB
• 893.135(1)( J )1 A – TRAFFICKING IN 1,4 – BUTANEDIOL
• 893.135(1)(k) – TRAFFICKING IN PHENETHYLAMINES (MDMA)
• 893.135(1)( I )1 A – TRAFFICKING IN GAMMA BUTYROLACTONE (GBL)
• 893.135(1)( L )1 A – TRAFFICKING IN LSD
• 893.135(1)( C )2 A – TRAFFICKING IN HYDROCODONE
• 893.135(4 )( A )(I) AND B (I) – TRAFFICKING IN ALFENTANIL
• 893.135(4)( A )(III) AND B (I) – TRAFFICKING IN FENTANYL
• 893.135(4)( A )(V) AND B (I) – TRAFFICKING IN A FENTANYL DERIVATIVE
• 893.135(4)( A )(VII) AND B (I) – TRAFFICKING IN A MIXTURE CONTAINING ALFENTANIL
• 893.135(4)( A )(VII) AND B (I) – TRAFFICKING IN A MIXTURE CONTAINING CARFENTANIL
• 893.135(4)( A )( VII) AND B (I) – TRAFFICKING IN A MIXTURE CONTAINING FENTANYL
• 893.135(4)( A )(VII) AND B (I) – TRAFFICKING IN A MIXTURE CONTAINING SUFENTANIL

Each drug trafficking charge comes with different penalties based on the quantity involved.

Penalties for Drug Trafficking in Florida

Any drug crime under Florida state law is considered a very serious offense. But a trafficking charge involving illegal drugs can carry the most severe penalties, including time in state prison, especially if the crime involved carries a mandatory minimum sentence.

Here’s a breakdown of the fines and minimum mandatory penalties associated with some of the most common drugs based on the type and amount of the controlled substance in the defendant’s possession.

Amphetamine, methamphetamine, any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine

• 14 grams or more, but less than 28 grams
  • $50,000
  • Minimum of three years, up to 30 years in prison
• 28 grams or more, but less than 200 grams
  • $100,000
  • Minimum of seven years, up to 30 years in prison
• 200 grams or more
  • $250,000
  • Minimum of 15 years, up to 30 years in prison

Cannabis

• More than 25 pounds, but less than 2,000 pounds —or— 300 or more cannabis plants, but not more than 2,000 cannabis plants
  • $25,000
  • Minimum of three years up to 30 years in prison
• 2,000 pounds or more, but less than 10,000 pounds —or— 2,000 or more cannabis plants, but not more than 10,000 cannabis plants
  • $50,000
  • Minimum of seven years up to 30 years in prison
• 10,000 pounds or more —or— 10,000 or more cannabis plants
  • $200,000
  • Minimum of 15 years up to 30 years in prison

Cocaine

• 28 grams or more, but less than 200 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 200 grams or more, but less than 400 grams
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 400 grams or more, but less than 150 kilograms
  • $250,000
  • Minimum of 15 years up to 30 years in prison
• 150 kilograms or more
  • Life in prison with ineligibility for any form of discretionary early release

Flunitrazepam or any mixture containing flunitrazepam

• 4 grams or more but less than 14 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 14 grams or more but less than 28 grams
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 28 grams or more but less than 30 kilograms
  • $500,000
  • Minimum of 25 years up to 30 years in prison
• 30 kilograms or more
  • Life in prison with ineligibility for any form of discretionary early release

Gamma-hydroxybutyric acid (GHB)

• 1 kilogram or more but less than 5 kilograms
  • $50,000
  • Minimum of three years up to 30 years in prison
• 5 kilograms or more but less than 10 kilograms
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 10 kilograms or more
  • $250,000
  • Minimum of 15 years up to 30 years in prison

Hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof

• 14 grams or more, but less than 28 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 28 grams or more, but less than 50 grams
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 50 grams or more, but less than 200 grams
  • $500,000
  • Minimum of 15 years up to 30 years in prison
• 200 grams or more, but less than 30 kilograms
  • $750,000
  • Minimum of 25 years up to 30 years in prison
• 30 kilograms or more
  • Life in prison with ineligibility for any form of discretionary early release

Lysergic acid diethylamide (LSD)

• 1 gram or more, but less than 5 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 5 grams or more, but less than 7 grams
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 7 grams or more
  • $500,000
  • Minimum of 15 years up to 30 years in prison

Methaqualone (Quaalude) or any mixture containing methaqualone

• 200 grams or more, but less than 5 kilograms
  • $50,000
  • Minimum of three years up to 30 years in prison
• 5 kilograms or more, but less than 25 kilograms
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 25 kilograms or more
  • $250,000
  • Minimum of 15 years up to 30 years in prison

Morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin

• 4 grams or more, but less than 14 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 14 grams or more, but less than 28 grams
  • $100,000
  • Minimum of 15 years up to 30 years in prison
• 28 grams or more, but less than 30 kilograms
  • $500,000
  • Minimum of 25 years up to 30 years in prison
• 30 kilograms or more
  • Life in prison with ineligibility for any form of discretionary early release

Oxycodone or any salt, derivative, isomer, or salt of an isomer thereof

• 7 grams or more, but less than 14 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 14 grams or more, but less than 25 grams
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 25 grams or more, but less than 100 grams
  • $500,000
  • Minimum of 15 years up to 30 years in prison
• 100 grams or more, but less than 30 kilograms
  • $750,000
  • Minimum of 25 years up to 30 years in prison
• 30 kilograms or more
  • Life in prison with ineligibility for any form of discretionary early release

Phencyclidine (PCP) or any mixture containing PCP

• 28 grams or more, but less than 200 grams
  • $50,000
  • Minimum of three years up to 30 years in prison
• 200 grams or more, but less than 400 grams
  • $100,000
  • Minimum of seven years up to 30 years in prison
• 400 grams or more
  • $250,000
  • Minimum of 15 years up to 30 years in prison

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Federal Drug Trafficking Penalties

When alleged drug trafficking in Florida involves any kind of interstate activity, the alleged offenders can face federal drug charges up to and including a first degree felony if they are found guilty.

Federal drug trafficking cases can be even more serious than criminal cases brought by the state attorney’s office because federal prosecutors often have far greater resources at their disposal to seek convictions.

Further, federal law can impose even more severe mandatory minimum penalties. That’s why you must do everything in your power to ensure a good outcome in a federal case, starting with hiring a seasoned criminal defense lawyer.

Here are a few examples of federal charges that carry a fine as well as a mandatory minimum sentence.

Schedule I and Schedule II Substances

Cannabis

• Less than 50 kilograms marijuana (Not including 50 or more plants, regardless of  weight), or 1 to 49 plants
  • First Offense: Up to $250,000 for individuals, $1 million for non-individuals. Up to five years in prison.
  • Second Offense: Up to $500,000 for individuals, $2 million for non-individuals. Up to 10 years in prison.
• 50 to 99 kilograms marijuana mixture, or 50 to 99 plants
  • First Offense: Up to $1 million for individuals, $5 million for non-individuals. Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.
  • Second Offense: Up to $2 million for individuals, $10 million for non-individuals. Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.
• 100 to 999 kilograms marijuana mixture, or 100 to 999 plants
  • First Offense: Up to $5 million for individuals, $25 million for non-individuals. Mandatory minimum five year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.
  • Second Offense: Up to $8 million for individuals, $50 million for non-individuals. Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.
• 1,000 kilograms or more marijuana mixture, or 1,000 or more plants
  • First Offense: Up to $10 million for individuals, $50 million for non-individuals. Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.
  • Second Offense: Up to $20 million for individuals, $75 million for non-individuals. Mandatory minimum 20 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

Cocaine

• 500-4,999 grams of cocaine
  • First Offense: Up to $5 million for individuals, $25 million for non-individuals. Mandatory minimum five-year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20-year sentence up to life in prison.
  • Second Offense: Up to $8 million for individuals, $50 million for non-individuals. Mandatory minimum 10-year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.
• 5 kilograms or more
  • First Offense: Up to $10 million for individuals, $50 million for non-individuals. Mandatory minimum 10-year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20-year sentence up to life in prison.
  • Second Offense: Up to $20 million for individuals, $75 million for non-individuals. Mandatory minimum 20-year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.
  • Third or Subsequent Offense: Up to $20 million for individuals, $75 million for non-individuals. Life in prison.

Other Schedule I and Schedule II Substances

• Any amount
  • First Offense: Up to $1 million for individuals, $5 million for non-individuals. Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.
  • Second Offense: Up to $2 million for individuals, $10 million for non-individuals. Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.

Other Schedule III Drugs

• Any amount
  • First Offense: Up to $500,000 for individuals, $2.5 million for non-individuals. Up to 10 years in prison. If case involves death or serious bodily injury, up to 15 years in prison.
  • Second Offense: Up to $1 million for individuals, $5 million for non-individuals. Up to 20 years in prison. If case involves death or serious bodily injury, up to 30 years in prison.

All Other Schedule IV Drugs (other than one gram or more of Flunitrazepam)

• Any amount
  • First Offense: Up to $250,000 for individuals, $1 million for non-individuals. Up to five years in prison.
  • Second Offense: Up to $500,000 for individuals, $2 million for non-individuals. Up to 10 years in prison.

All Schedule V Drugs

• Any amount
  • First Offense: Up to $100,000 for individuals, $250,000 for non-individuals. Up to one year in prison.
  • Second Offense: Up to $200,000 for individuals, $500,000 for non-individuals. Up to four years in prison.

Our Fort Lauderdale, FL Attorneys Can Help You Fight Drug Trafficking Charges

Have you been arrested, subjected to a lawful or unlawful search, suspected someone you know of being an undercover police officer or confidential informant, or wondered if you’re under a police investigation for an alleged drug trafficking offense in South Florida? If so, don’t say a single word to anyone, including police, until you’ve contacted Meltzer & Bell and spoken to a criminal defense attorney.

Even if the police arrive on your doorstep with a search warrant or take you into custody based on a controlled substance charge, you have a right to remain silent until a defense attorney is by your side.

You should exercise your right to remain silent with people you know as well. The people you believe to be most trustworthy can turn out to be confidential informants, and co-defendants often provide substantial assistance to the prosecution in exchange for lesser charges. This means that you should only discuss your case with an attorney.

The drug trafficking attorneys at Meltzer & Bell defend individuals charged with drug crimes in communities all over the greater Broward County area, including:

• Fort Lauderdale,
• Plantation,
• Pembroke Pines,
• Hollywood,
• Miramar,
• Coral Springs,
• Pompano Beach,
• Davie,
• Wilton Manors,
• Sunrise,
• Deerfield Beach,
• Weston,
• Tamarac,
• Margate,
• Coconut Creek, and
• Hallandale Beach.

If you need an experienced criminal defense attorney in or around Fort Lauderdale, start by scheduling a free consultation with Meltzer & Bell.

Lawrence Meltzer is a former prosecutor and Steven Bell is a former public defender. Now, they are both experienced Florida drug trafficking attorneys who have represented clients accused of drug offenses throughout South Florida.

Meltzer & Bell will make every effort possible to help you reduce or dismiss your Florida drug trafficking charge and achieve the most favorable outcome for your case, from discrediting confidential informants to challenging unreasonable searches to presenting a strong defense of your innocence.

A legal professional can provide an honest and thorough evaluation of your case based on your unique circumstances and help you find the right defense attorney for you. Call (954) 765-6585 or complete an online contact form to take advantage of a free initial consultation with a legal professional today.

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Additional Florida Drug Trafficking Resources

The South Florida High-Intensity Drug Trafficking Area (HIDTA) — HIDTA is a program established in 1990 that “fosters cooperation among law enforcement agencies” in the region and “involves them in developing a strategy to target the region’s drug-related threats to public safety.”

Metro Broward Drug Task Force (MBDTF) | Broward Sheriff’s Office — The MBDTF is a multi-jurisdictional initiative that the South Florida HIDTA initiated funding for on October 1, 2010. It is a multi-jurisdictional initiative composed of 13 local, county, state, and federal law enforcement agencies that you can learn more about at the link above. You can call Broward Sheriff’s Office at (954) 765-4321 or visit at 2601 W. Broward Blvd. Ft. Lauderdale, FL 33312.

Criminal Interdiction Unit (CIU) | Florida Highway Safety and Motor Vehicles — The Florida Highway Patrol’s CIU “assists other federal, state, and local law enforcement agencies in the detection and apprehension of drug traffickers and other criminal offenders that utilize the roadways of Florida.” You can learn more about the unit’s sophisticated drug detection equipment and the amounts and values of drugs it has seized at the website linked above.

This article was last updated on Tuesday, April 23, 2023.