Florida Drug Trafficking Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed March 18, 2025
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Drug trafficking is often associated with large-scale drug operations involving the distribution or transportation of controlled substances across state lines or national borders.
Although federal laws address these criminal activities, each state also has its own drug trafficking laws. The state of Florida, for instance, takes a strict stance on drug offenses. It implemented comprehensive drug trafficking laws that cover a wide range of activities.
This article examines Florida’s approach to drug trafficking, including drug schedules and the penalties imposed for drug trafficking charges in the state.
Understanding Drug Trafficking
Drug distribution encompasses a wide range of activities related to the illegal transfer of controlled substances. These activities include:
- Delivering a controlled substance
- Manufacturing a controlled substance
- Selling or possessing a controlled substance with the intent to sell
Note that drug trafficking applies to all types of controlled substances mentioned under Florida drug laws. The penalties vary depending on the type of drug and the amount involved.
Drug Possession, Drug Distribution, and Drug Trafficking Charges
In Florida, drug possession, drug distribution, and drug trafficking charges are distinct criminal charges. Although they all involve possession of controlled substances, they differ based on the intent of the offender and the amount of drugs involved.
Drug possession often means the criminal act where police find a person in possession of a controlled substance. This drug offense often results in lesser penalties and is less severe compared with drug distribution and trafficking charges.
Drug possession could escalate into drug trafficking or drug distribution charges if the controlled substance possessed by the offender exceeds the threshold amount and if evidence suggests that the offender intended for the delivery, sale, or distribution of the controlled substance. Law enforcement can infer intent to sell or distribute based on the presence of other paraphernalia, such as scales, packaging materials, or large amounts of cash.
The key difference between drug distribution and drug trafficking charges lies in the amount of controlled substances. Florida statute § 893.135 addresses drug trafficking charges. This drug offense involves controlled substances that exceed specified thresholds, such as:
- More than 25 pounds of cannabis
- More than 28 grams of cocaine
- More than 4 grams of heroin, opium, and similar drugs
- More than 14 grams of hydrocodone
A conviction for drug trafficking carries severe penalties, with a maximum charge of life imprisonment.
Florida Drug Schedules
Controlled substances are categorized into five drug schedules. Schedule I are those that have the highest risk for drug abuse yet have no accepted medical use. On the other end, Schedule V drugs are those that have the lowest risk for drug abuse but have accepted medical use.
- Schedule I: Drugs viewed as having a high potential for abuse and no accepted medical use. Examples include heroin, LSD, cannabis, peyote, and psilocybin.
- Schedule II: Drugs with a high potential for abuse but have accepted medical use, although with severe restrictions. Some of the drugs under Schedule II are methamphetamine, morphine, amphetamine, oxycodone, fentanyl, and Ritalin.
- Schedule III: These types of drugs have a lower potential for abuse and are subject to less stringent regulations compared with Schedule II drugs. They also have accepted medical uses. Some examples of Schedule III drugs are anabolic steroids, testosterone, ketamine, or codeine.
- Schedule IV: These types of drugs have a lower potential for abuse compared with Schedule III controlled substances. Some examples of Schedule III drugs are Xanax, Valium, Ativan, Ambien, and tramadol.
- Schedule V: These types of drugs have the lowest potential for drug abuse compared to Schedule IV controlled substances. Some examples of common medications under Schedule V are cough medicines with 200 milligrams of codeine or less, Lyrica, or Lomotil.
This drug scheduling system determines the penalties associated with drug trafficking.
Penalties and Sentences
The penalties for drug trafficking depend on the type of drug and the quantity involved. Florida law sets a maximum term of thirty years for a first-degree felony. But, state laws also establish specific terms of imprisonment that depend on the type of drug and the amount of drug involved.
Some trafficking offenses include mandatory minimum sentences. The punishment escalates when enhancing circumstances are present. Florida Statute Section 893.135 details the penalties for drug trafficking charges in Florida.
| Type of controlled substance | Amount | Penalties |
|---|---|---|
| Cannabis (marijuana) | 25 lbs. to 2,000 lbs. or 300 to 2,000 plants |
Mandatory minimum sentence of three years and a fine of up to $25,000 |
|
2,000 lbs. to 10,000 or 2,000 to 10,000 plants |
Mandatory minimum sentence of seven years and a fine of up to $50,000 |
|
10,000 lbs. and above or 10,000 plants and above |
Mandatory minimum sentence of 15 years and a fine of up to $200,000 |
| Cocaine | 28 grams to 200 grams |
Mandatory minimum sentence of up to three years and a fine of up to $50,000 |
|
200 grams to 400 grams |
Mandatory minimum sentence of seven years and a fine of up to $100,000 |
|
400 grams to 150 kilograms |
Mandatory minimum sentence of 15 years and a fine of up to $250,000 |
|
150 kilograms and above |
Life imprisonment without eligibility for early release and a fine of up to $250,000 |
| Heroin and other opioids | 4 grams to 14 grams |
Mandatory minimum sentence of three years and a fine of up to $50,000 |
|
14 grams to 28 grams |
Mandatory minimum sentence of 15 years and a fine of up to $100,000 |
|
28 grams to 30 kilograms |
Mandatory minimum sentence of 25 years and a fine of up to $500,000 |
|
30 kilograms and above |
Life imprisonment without eligibility for early release and a fine of up to $500,000 |
| Hydrocodone | 28 grams to 50 grams |
Mandatory minimum sentence of three years and a fine of up to $50,000 |
|
50 grams to 100 grams |
Mandatory minimum sentence of seven years and a fine of up to $100,000 |
|
100 grams to 300 grams |
Mandatory minimum sentence of 15 years and a fine of up to $500,000 |
|
300 grams to 30 kilograms |
Mandatory minimum sentence of 25 years and a fine of up to $750,000 |
| Oxycodone | 7 grams to 14 grams |
Mandatory minimum sentence of three years and a fine of up to $50,000 |
|
14 grams to 25 grams |
Mandatory minimum sentence of seven years and a fine of up to $100,000 |
|
25 grams to 100 grams |
Mandatory minimum sentence of 15 years and a fine of up to $500,000 |
|
100 grams to 30 kilograms |
Mandatory minimum sentence of 25 years and a fine of up to $750,000 |
| Fentanyl and fentanyl analogs | 4 grams to 14 grams |
Mandatory minimum sentence of seven years and a fine of up to $50,000 |
|
14 grams to 28 grams |
Mandatory minimum sentence of 20 years and a fine of up to $100,000 |
|
28 grams or more |
Mandatory minimum sentence of 25 years and a fine of up to $500,000 |
|
Sale or delivery to a minor under 18 years old |
Mandatory minimum sentence of 25 years to life imprisonment and a fine of up to $1 million |
| Methamphetamine and amphetamine | 14 grams to 28 grams |
Mandatory minimum sentence of three years and a fine of up to $50,000 |
|
28 grams to 200 grams |
Mandatory minimum sentence of seven years and a fine of up to $100,000 |
|
200 grams or more |
Mandatory minimum sentence of 15 years and a fine of up to $250,000 |
| Lysergic Acid Diethylamide (LSD) | 1 gram to 5 grams |
Mandatory minimum sentence of three years and a fine of up to $50,000 |
|
5 grams to 7 grams |
Mandatory minimum sentence of seven years and a fine of up to $100,000 |
|
7 grams or more |
Mandatory minimum sentence of 15 years and a fine of up to $500,000 |
| Enhanced penalties | The penalties for these offenses increase if enhancing circumstances are present, including:
|
|
Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.
Seek Legal Advice from a Criminal Defense Attorney
Drug crimes can carry harsh fines and life-altering penalties. If you or someone you know is facing felony convictions associated with drug distribution or trafficking charges, it is best to seek legal advice from a criminal defense lawyer. They can help you understand the details of your case and secure your rights throughout the legal process. Contact a criminal defense attorney specializing in drug crimes to learn more.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Florida attorneys offer free consultations for Drug Crime.
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