Drug trafficking is one of the most serious offenses under Florida law with severe consequences for those found guilty. It’s a charge that can turn your life upside down leading to long prison sentences, hefty fines, and a lasting criminal record.
Melbourne Lawyer for Drug Trafficking Charges
If you have been charged with drug trafficking in Central Florida, you need to contact an experienced criminal defense attorney immediately. Drug trafficking is often prosecuted as a felony crime and can carry years in prison as well as being branded a felon for life.
Mark Germain is a dedicated legal defender located on the Space Coast in Florida. His office, Germain Legal, serves clients in Central Florida accused of drug charges.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
- What is Drug Trafficking?
- What the Prosecutor Must Prove
- What Are the Penalties for Drug Trafficking?
- Conspiracy to Commit Drug Trafficking
- Owning Property Used for Drug Trafficking
- Federal and State Drug Trafficking Charges
- What Are Possible Non-Jail Alternatives?
- What Are Potential Defenses?
- How Can a Drug Trafficking Lawyer Defend Me?
- Frequently Asked Questions
- Additional Resources
- Lawyer for Drug Trafficking Charges in Brevard County Florida
What is Drug Trafficking?
For a person to be convicted of drug trafficking under Florida Statutes Section 893.135, a prosecutor must prove the following:
- The Controlled Substance: The prosecutor must prove that the substance involved is a controlled substance listed under Florida law.
- Knowledge: The prosecutor must prove that the person knew they were in possession of, selling, purchasing, manufacturing, delivering, or bringing into the state a controlled substance.
- Quantity: The prosecutor must prove that the quantity of the controlled substance meets or exceeds the specific threshold amounts set forth in The law for trafficking.
- Possession or Control: The prosecutor must prove that the person had actual or constructive possession of the controlled substance, meaning the person had control over it, whether or not it was directly on their person.
- Intent: The prosecutor must show that the person intended to engage in one of the activities related to trafficking, such as selling or delivering the substance, as defined by the law.
What the Prosecutor Must Prove
For a person to be convicted of drug trafficking under Florida Statutes Section 893.135, a prosecutor must prove the following:
- The Controlled Substance: The prosecutor must prove that the substance involved is a controlled substance listed under Florida law.
- Knowledge: The prosecutor must prove that the person knew they were in possession of, selling, purchasing, manufacturing, delivering, or bringing into the state a controlled substance.
- Quantity: The prosecutor must prove that the quantity of the controlled substance meets or exceeds the specific threshold amounts set forth in The law for trafficking.
- Possession or Control: The prosecutor must prove that the person had actual or constructive possession of the controlled substance, meaning the person had control over it, whether or not it was directly on their person.
- Intent: The prosecutor must show that the person intended to engage in one of the activities related to trafficking, such as selling or delivering the substance, as defined by the law.
What Are the Penalties for Drug Trafficking?
| Offense | Penalty |
| Trafficking in Cannabis | – 25-2,000 pounds or 300-2,000 plants: 3-year mandatory minimum sentence; $25,000 fine. – 2,000-10,000 pounds or 2,000-10,000 plants: 7-year mandatory minimum sentence; $50,000 fine. – 10,000+ pounds or 10,000+ plants: 15-year mandatory minimum sentence; $200,000 fine. |
| Trafficking in Cocaine | – 28-200 grams: 3-year mandatory minimum sentence; $50,000 fine. – 200-400 grams: 7-year mandatory minimum sentence; $100,000 fine. – 400 grams to 150 kg: 15-year mandatory minimum sentence; $250,000 fine. – 150+ kg: Life imprisonment with no parole. – If killing occurs during trafficking or by importing 300+ kg, it’s a capital felony punishable by death or life imprisonment. |
| Trafficking in Opium | – 4-14 grams: 3-year mandatory minimum sentence; $50,000 fine. – 14-28 grams: 15-year mandatory minimum sentence; $100,000 fine. – 28 grams to 30 kg: 25-year mandatory minimum sentence; $500,000 fine. – 30+ kg: Life imprisonment with no parole. – If killing occurs during trafficking or by importing 60+ kg, it’s a capital felony punishable by death or life imprisonment. |
| Trafficking in Hydrocodone or Codeine | – 28-50 grams: 3-year mandatory minimum sentence; $50,000 fine. – 50-100 grams: 7-year mandatory minimum sentence; $100,000 fine. – 100-300 grams: 15-year mandatory minimum sentence; $500,000 fine. – 300 grams to 30 kg: 25-year mandatory minimum sentence; $750,000 fine. |
| Trafficking in Oxycodone | – 7-14 grams: 3-year mandatory minimum sentence; $50,000 fine. – 14-25 grams: 7-year mandatory minimum sentence; $100,000 fine. – 25-100 grams: 15-year mandatory minimum sentence; $500,000 fine. – 100+ grams: 25-year mandatory minimum sentence; $750,000 fine. |
| Trafficking in Fentanyl or Fentanyl Analogues | – 4-14 grams: 7-year mandatory minimum sentence; $50,000 fine. – 14-28 grams: 20-year mandatory minimum sentence; $100,000 fine. – 28+ grams: 25-year mandatory minimum sentence; $500,000 fine. – Selling or delivering to a minor: Mandatory minimum sentence of 25 years to life imprisonment; $1 million fine. |
| Trafficking in Phencyclidine (PCP) | – 28-200 grams: 3-year mandatory minimum sentence; $50,000 fine. – 200-400 grams: 7-year mandatory minimum sentence; $100,000 fine. – 400+ grams: 15-year mandatory minimum sentence; $250,000 fine. |
| Trafficking in Methaqualone | – 200 grams to 5 kg: 3-year mandatory minimum sentence; $50,000 fine. – 5-25 kg: 7-year mandatory minimum sentence; $100,000 fine. – 25+ kg: 15-year mandatory minimum sentence; $250,000 fine. |
| Trafficking in Amphetamine or Methamphetamine | – 14-28 grams: 3-year mandatory minimum sentence; $50,000 fine. – 28-200 grams: 7-year mandatory minimum sentence; $100,000 fine. – 200+ grams: 15-year mandatory minimum sentence; $250,000 fine. |
| Trafficking in Flunitrazepam | – 4-14 grams: 3-year mandatory minimum sentence; $50,000 fine. – 14-28 grams: 7-year mandatory minimum sentence; $100,000 fine. – 28-30 kg: 25-year mandatory minimum sentence; $500,000 fine. – 30+ kg: Life imprisonment with no parole. |
| Trafficking in Gamma-Hydroxybutyric Acid (GHB) | – 1-5 kg: 3-year mandatory minimum sentence; $50,000 fine. – 5-10 kg: 7-year mandatory minimum sentence; $100,000 fine. – 10+ kg: 15-year mandatory minimum sentence; $250,000 fine. |
| Trafficking in Gamma-Butyrolactone (GBL) | – 1-5 kg: 3-year mandatory minimum sentence; $50,000 fine. – 5-10 kg: 7-year mandatory minimum sentence; $100,000 fine. – 10+ kg: 15-year mandatory minimum sentence; $250,000 fine. |
| Trafficking in 1,4-Butanediol | – 1-5 kg: 3-year mandatory minimum sentence; $50,000 fine. – 5-10 kg: 7-year mandatory minimum sentence; $100,000 fine. – 10+ kg: 15-year mandatory minimum sentence; $500,000 fine. |
| Trafficking in Phenethylamines | – 1-5 grams: 3-year mandatory minimum sentence; $50,000 fine. – 5-7 grams: 7-year mandatory minimum sentence; $100,000 fine. – 7+ grams: 15-year mandatory minimum sentence; $500,000 fine. |
| Trafficking in Synthetic Cannabinoids | – 280-500 grams: 3-year mandatory minimum sentence; $50,000 fine. – 500 grams to 1 kg: 7-year mandatory minimum sentence; $100,000 fine. – 1 kg to 30 kg: 15-year mandatory minimum sentence; $200,000 fine. – 30+ kg: 25-year mandatory minimum sentence; $750,000 fine. |
| Trafficking in N-Benzyl Phenethylamines | – 14-100 grams: 3-year mandatory minimum sentence; $50,000 fine. – 100-200 grams: 7-year mandatory minimum sentence; $100,000 fine. – 200+ grams: 15-year mandatory minimum sentence; $500,000 fine. |
Conspiracy to Commit Drug Trafficking
Conspiracy to commit drug trafficking occurs when two or more individuals agree to engage in drug trafficking activities, such as selling, purchasing, manufacturing, or delivering controlled substances. A person can be charged with conspiracy even if the actual drug trafficking never takes place. The penalties for conspiracy are generally as severe as the penalties for committing the trafficking offense itself.
Owning Property Used for Drug Trafficking
Under Florida law, owning, leasing, or renting a property used for drug trafficking can lead to serious criminal charges. This offense can be classified as a third-degree felony, and the severity increases if the owner knowingly allows their property to be used for trafficking activities.
Federal and State Drug Trafficking Charges
Drug trafficking can result in both federal and state charges, especially when the crime involves crossing state lines or large quantities of drugs. According to 21 U.S. Code Section 801-971 (known as the Controlled Substances Act), drugs are classified by the federal government into different schedules based on their potential for abuse, accepted medical use, and safety or dependency concerns. Under 21 U.S.C. Section 841, it is illegal to manufacture, distribute, or dispense controlled substances. Federal penalties can be even more severe than state penalties, with longer mandatory minimum sentences and stricter enforcement.
What Are Possible Non-Jail Alternatives?
- Probation: During probation, the person must follow specific rules set by the court, such as regular check-ins with a probation officer, maintaining employment, and avoiding further legal trouble. This alternative allows the person to stay in the community under supervision rather than being incarcerated for the entire term of their sentence.
- Drug Treatment Programs: For individuals with substance use issues, the court may order participation in a drug treatment program. These programs focus on rehabilitation through counseling, therapy, and education, aiming to address the root causes of drug-related behavior. Completing a drug treatment program can sometimes result in reduced or suspended sentences.
- Electronic Monitoring: Instead of going to jail, an individual may be placed under house arrest, where they are confined to their home for a certain period. They may be required to wear an electronic monitoring device to help ensure compliance. This option restricts freedom but allows the person to continue working and supporting their family while serving their sentence.
- Community Service: The court may sentence the individual to perform a set number of community service hours as a way to give back to the community. This alternative not only keeps the person out of jail but also benefits the community through their service.
What Are Potential Defenses?
- Lack of Knowledge: The defense can argue that the person did not know about the presence of the controlled substance. For example, if the substance was found in a car or home that the person did not own or regularly use, it may be argued that they were unaware of its presence.
- Unlawful Search and Seizure: If the evidence was obtained through an illegal search or seizure by law enforcement, it can be argued that the evidence should be suppressed, meaning it cannot be used in court.
- Entrapment: This defense claims that law enforcement induced the person to commit a crime they would not have otherwise committed.
- Mere Presence: Being in the vicinity of a controlled substance does not automatically imply involvement in trafficking. This defense argues that the person was merely present where the drugs were found but had no control over or involvement with the substance.
- Duress or Coercion: This defense argues that the person was forced to commit the trafficking offense under threat of harm. The person must show that they had a reasonable belief that the threat was imminent and that they had no reasonable opportunity to escape the situation.
- Lack of Intent: Drug trafficking charges require that the person had the intent to sell, distribute, or manufacture the controlled substance. The defense can argue that there was no intent to engage in trafficking, such as when the drugs were for personal use only.
- Chain of Custody Issues: The defense can challenge the prosecution by questioning the chain of custody of the evidence. If the handling of the evidence is not properly documented or if there is a break in the chain, it may lead to questions about the authenticity or integrity of the evidence.
- False Accusation or Misidentification: The defense can argue that the person was falsely accused or misidentified as the trafficker. This could involve questioning the credibility of witnesses, pointing out inconsistencies in their statements, or showing that another individual was responsible for the trafficking.
- Quantity Discrepancies: In cases where mandatory minimum sentences apply based on the quantity of the substance, the defense can argue that the amount found does not meet the threshold for trafficking. This might involve questioning the methods used to weigh the substance or showing that the mixture includes non-drug components that should not count toward the total weight.
- Procedural Errors: If law enforcement or prosecutors made procedural errors during the investigation or prosecution, such as failing to read Miranda rights, this can be used as a defense. Such errors might lead to the suppression of key evidence or even dismissal of charges.
How Can a Drug Trafficking Lawyer Defend Me?
When facing drug trafficking charges, the role of your lawyer is to guide and support you throughout the entire legal process. They will work to protect your rights, explain what to expect, and help you make informed decisions at every step.
Your lawyer will start by carefully reviewing all the details of your case. They will look into the evidence against you, the procedures the police followed during your arrest, and any statements you made. This review helps them spot any weaknesses in the prosecution’s case or any errors that might work in your favor.
Next, your lawyer will focus on building a defense strategy that’s specific to your situation. This could involve negotiating with the prosecutor to reduce your charges or working to have your case dismissed altogether. They will also be the one to speak on your behalf in court, making sure your side of the story is heard clearly and effectively.
A drug trafficking lawyer will also guide you through the legal process, helping you understand each stage, from pre-trial hearings to the trial itself. They will explain your options, the potential outcomes, and what each choice could mean for your future. This guidance is crucial, as drug trafficking charges carry severe penalties, including long prison sentences and heavy fines.
In addition to handling the legal aspects of your case, your lawyer can also provide advice on how to manage the impact of the charges on your personal and professional life. They might help you connect with support services or advise you on steps to take that could improve your situation.
Your lawyer’s goal is to secure the best possible outcome for you, whether that means fighting for your innocence in court or negotiating a deal that minimizes the consequences of the charges. Throughout the process, they will be your advocate, working to protect your rights and your future.
Frequently Asked Questions
What is the difference between possession and trafficking in Florida? Possession involves having control over a controlled substance for personal use or otherwise, whereas trafficking involves the selling, purchasing, manufacturing, delivering, or importing large quantities of controlled substances. Trafficking carries much harsher penalties, including mandatory minimum sentences, because of the intent to distribute or sell.
Can someone be charged with drug trafficking if they didn’t intend to sell the drugs? Yes, under Florida law, drug trafficking charges can be based solely on the possession of a certain quantity of a controlled substance, even if there was no intent to sell. The law presumes intent based on the quantity of drugs found in possession, which can lead to trafficking charges regardless of actual intent.
Are there additional penalties for drug trafficking if a child is present? Yes, Florida law imposes harsher penalties if drug trafficking occurs in a place where a minor is present or resides. This can elevate the charge to a felony of the first degree.
Is it possible to face both federal and state charges for drug trafficking? Yes, drug trafficking can lead to both federal and state charges. Federal charges are often brought when trafficking crosses state lines or involves large quantities of drugs, and these can carry even more severe penalties than state charges, including federal mandatory minimum sentences.
Does the type of drug affect the severity of the trafficking charge? Yes, the type of drug significantly impacts the severity of the trafficking charge. Florida law categorizes drugs into different schedules. Each drug type has specific thresholds that trigger trafficking charges and corresponding mandatory minimum sentences.
Can a property be seized in a drug trafficking case? Yes, under Florida law, any property used in the commission of a drug trafficking crime, including vehicles, homes, and money, can be seized by law enforcement. This process is known as civil asset forfeiture, and it allows the state to take ownership of property believed to be connected to illegal drug activity, even if the owner has not been convicted of a crime.
What does it mean to be in “constructive possession” of a property used for drug trafficking? Constructive possession means that a person does not have physical possession of the property but has control over it or the ability to control it. For example, if someone has access to a property where drug trafficking occurs and knows about the illegal activities, they could be charged under constructive possession even if they are not physically present.
How serious is the charge for owning a property used for drug trafficking? Owning, leasing, or renting a property used for drug trafficking is a serious offense in Florida. According to Florida Statutes Section 893.1351, a person faces a third-degree felony. The severity increases if the person knowingly allows their property to be used for such illegal activities.
What is conspiracy to commit drug trafficking? Conspiracy to commit drug trafficking involves an agreement between two or more individuals to engage in drug trafficking activities, such as selling, purchasing, manufacturing, or delivering controlled substances. Under Florida law, a person can be charged with conspiracy even if the trafficking itself was never completed. The penalties for conspiracy to commit drug trafficking are typically the same as those for the actual commission of the drug trafficking offense.
Additional Resources
National Drug Threat Assessment 2024 – The National Drug Threat Assessment 2024, published by the Drug Enforcement Administration, outlines the current drug threats facing the United States. It highlights the shift from plant-based drugs to synthetic ones, like fentanyl and methamphetamine, which are driving the ongoing drug crisis. The report also covers the operations of certain cartels.
Drug Trafficking – United States Sentencing Commission – The United States Sentencing Commission provides an overview of drug trafficking offenses in the fiscal year 2023. Out of 64,124 cases, nearly 19,000 involved drug trafficking. The report breaks down offender demographics, including gender, race, and citizenship, and highlights the average age and criminal history of those sentenced. It also covers sentencing trends, noting factors that increase or decrease penalties, and identifies the top U.S. districts for drug trafficking offenses.
Florida Statutes Section 893.135 – This Florida law outlines the penalties for trafficking in illegal drugs. It specifies the mandatory minimum sentences and fines for those found with large quantities of controlled substances like cannabis, cocaine, or opioids. The law covers a wide range of drugs and details different levels of punishment based on the quantity of the drug involved.
Florida Statutes Section 893.1351 – Florida law also specifies the penalties for owning, leasing, or possessing places intended for drug-related activities. The law also addresses the severity of the offense if minors are involved or present.
Lawyer for Drug Trafficking Charges in Brevard County Florida
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
