Drug Trafficking Charges in Florida: How Weight, Mandatory Minimums, and Federal Cases Work
Drug trafficking charges in Florida do not always mean what people picture. A trafficking charge is often based mainly on the weight of the substance, so a person can be charged with trafficking without any evidence of a sale. These are among the most serious drug charges in Florida, and they can be brought in state court, federal court, or both.
Below is a general overview of how trafficking cases are handled under Florida law and in the federal system, at the time of this writing. Every case is different and laws change, so for answers about a specific situation, call or text Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, drug trafficking is generally charged under Section 893.135, Florida Statutes (Trafficking; mandatory sentences). In the federal system, these cases are typically charged under 21 U.S.C. § 841 (Prohibited acts A) and 21 U.S.C. § 846 (Attempt and conspiracy). As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Drug Trafficking
Under Florida law, trafficking generally involves knowingly selling, purchasing, manufacturing, delivering, bringing into Florida, or possessing a controlled substance above certain weight thresholds. The thresholds differ by substance, such as cannabis, cocaine, oxycodone and other opioids, methamphetamine, and others. Fentanyl has its own, much lower threshold, measured in grams, and the Legislature has revised the fentanyl provisions more than once in recent years.
Florida’s trafficking statute generally carries mandatory minimum prison sentences and mandatory fines that increase as the weight increases. Because the weight of a mixture can count, not just the pure drug, the way the substance was weighed and tested can matter a great deal. The statute also addresses conspiracy to traffic, which can be charged even when no drugs change hands.
When Drug Trafficking Becomes a Federal Case
Federal prosecutors frequently bring drug trafficking cases, generally when the investigation involves larger quantities, multiple people, interstate or international movement, or federal agencies. Federal drug laws also carry mandatory minimum sentences tied to drug type and quantity, and federal sentencing follows its own guidelines.
These cases are often built through long investigations by agencies such as the DEA, FBI, or Homeland Security Investigations, sometimes using wiretaps, informants, controlled buys, or cooperating witnesses. Property connected to the case may also be subject to forfeiture. In Tampa, federal cases are handled in the Middle District of Florida. The same conduct can sometimes be charged in state court, federal court, or both. Our page on federal offenses explains more.
How Drug Trafficking Investigations Often Start
Trafficking investigations often begin with an informant, a controlled buy, a package interception, a traffic stop on an interstate, or a wiretap in a larger case. Some people first learn they are involved when agents arrive with a search warrant, when they receive a target letter, or when a detective calls asking questions.
Attorney Ron Frey generally advises that anyone contacted by investigators in a trafficking matter speak with an attorney before making any statements. Early decisions in these cases can affect the charges, the potential sentence, and how the case is resolved.
What a Drug Trafficking Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the search and seizure were lawful, whether the person knew about the substance and had control over it, whether the weight was measured and calculated correctly, whether the lab testing was reliable, and how informants or cooperating witnesses were used. Weight is often the difference between a trafficking charge and a lesser one.
Attorney Ron Frey has over 20 years of experience defending people in both Florida state court and federal court.
Charged With Drug Trafficking in Tampa? Talk With Attorney Ron Frey.
In a trafficking case, the weight, the lab work, and the search are often where the case is decided, and early review matters. If you or a family member has been arrested or contacted by investigators, Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call or text for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about drug possession charges in Florida or learn more about the drug charges we defend.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.