How much of a drug makes it trafficking in Florida?

Section 893.135 makes it trafficking to knowingly sell, buy, manufacture, deliver or bring into Florida a listed drug above a set weight, or simply to be in actual or constructive possession of that weight. Below the threshold, the same conduct is charged under section 893.13, explained in the penalties for drug possession in Florida. How Mr. Mead defends drug cases is on our drug offense defense page. The full list of charges is under criminal defense.

How does a trafficking case move, step by step?

1. Seizure and weighing. Police seize the substance and record a field weight, often with packaging. That number frequently appears in the arrest report.
2. First appearance. A judge reviews probable cause and release within 24 hours; see how bond is set in Florida for how conditions are decided.
3. Lab analysis. A crime lab identifies the substance and weighs it. The lab weight, of the mixture without packaging, is what decides the tier.
4. Filing. The State Attorney files the trafficking count and often related counts, such as possession of a place used for trafficking (s. 893.1351) or a firearm count. In Palm Beach County, the State Attorney's Gangs, Guns, and Drug Trafficking Unit, five senior attorneys, handles the 15-year drug trafficking mandatory minimum cases, among others. The county's other courts and programs are on the Palm Beach County page.
5. Litigation. Searches, the chain of custody, the lab work and knowledge of the drugs are tested through motions and depositions.
6. Resolution. A trial, a plea to a lesser charge if the State agrees, or a sentence that by law must include the minimum unless the State moves to reduce it for substantial assistance (s. 893.135(4)).

What are the weights, minimums and fines?

The statute has more tiers, including xylazine (from 28 grams), hydrocodone above 100 grams, oxycodone above 100 grams, and life sentences for the very largest amounts of cocaine and opioids. The base tiers rank at level 7 on the sentencing chart in s. 921.0022, and the middle tiers at level 8, which is why the scoresheet explained in how a Florida felony sentence is calculated can call for more than the minimum. A first-degree felony carries up to 30 years and a $10,000 fine under ss. 775.082 and 775.083, and the trafficking fines above are set by s. 893.135 itself.

Why does the weight of the mixture matter so much?

The Legislature wrote that "the weight of the controlled substance is the total weight of the mixture, including the controlled substance and any other substance in the mixture," and that a mixture includes a solution or a dosage unit such as a capsule, pill or tablet (s. 893.135(6)). Separate mixtures of the same drug are added together. So the weight of whole tablets counts, not just the milligrams of oxycodone printed on the label. A few dozen prescription-strength tablets can cross the 7-gram oxycodone line, and a small bag of powder cut with filler can cross the 28-gram cocaine line. The statute measures the mixture itself, so how the substance was separated from its packaging and weighed, and the gap between a field weight and a lab weight, can move a case between tiers or below the trafficking threshold altogether.

What makes trafficking different from other felonies?

• No withhold, no deferral. Adjudication of guilt and the sentence cannot be suspended, deferred or withheld, and no discretionary early release is available before the minimum is served, except pardon, clemency or conditional medical release (s. 893.135(3)). The usual effect of a withhold is explained in what a withhold of adjudication is.
• Which listed drug it was does not matter for knowledge. A person acts "knowingly" if he or she intended to traffic any listed drug, whatever drug it actually turns out to be (s. 893.135(2)).
• Conspiracy is punished the same. Agreeing with another person to traffic is a first-degree felony punished as if the act had been completed (s. 893.135(5)).
• Firearms add a separate minimum. Trafficking is on the list in s. 775.087(2): actually possessing a firearm during the offense requires at least 10 years, 20 years if it was discharged.
• The record is permanent. Drug trafficking and manufacturing convictions can never be sealed or expunged, even with a plea and a withhold (s. 943.0584(2)(ff), (gg)). Other records may qualify, as explained on our records expungement page.

What changes the answer?

• The lab weight. The tier depends on the analyzed weight of the mixture; challenges to the scale, the sampling and the chain of custody can matter (s. 893.135(6)).
• Possession. Actual or constructive possession must be proven; in shared cars and homes, knowledge and control are often disputed.
• Knowledge. Lack of knowledge of the illicit nature of the substance is an affirmative defense under s. 893.101, though possession allows a permissive presumption of knowledge.
• A prescription. Lawfully prescribed medication is authorized under chapter 893, which s. 893.135(1) itself recognizes.
• Substantial assistance. Only the State Attorney can move to reduce or suspend the sentence for substantial assistance in other trafficking cases; the judge decides (s. 893.135(4)).
• The search. Evidence from an unlawful search can be suppressed, which can end the trafficking count.

A worked example

For example, take a hypothetical driver in Broward found with an unlabeled bottle of 40 tablets later identified as oxycodone. Each tablet weighs about a quarter of a gram, so the lab weight of the mixture is 10 grams, even though the oxycodone itself is a small part of that. Under s. 893.135(1)(c)3.a., 7 grams to under 14 grams is trafficking with a 3-year mandatory minimum and a $50,000 fine, and no withhold is allowed. If the lab weighed only 25 tablets at about 6.3 grams, the charge would fall below the threshold to possession, a third-degree felony with no minimum. If the driver had a valid prescription for those tablets, possession would be lawful. These numbers are invented for illustration; the actual weights would come from the lab, and nothing here predicts any case.

Common mistakes people make

• Assuming trafficking requires a sale. Possession of the threshold weight is enough.
• Trusting the field weight in the arrest report; the lab weight is what counts.
• Talking with co-defendants or others about the case on recorded jail lines or by text.
• Offering cooperation without a lawyer; substantial assistance is a formal process controlled by the State.
• Not knowing the record can never be sealed when weighing a plea.
• Ignoring a firearm in the car or home, which can add its own minimum.

What to do this week

1. Get the arrest affidavit and note the drug, the claimed weight and the subsection charged.
2. Gather any prescription records for medication involved.
3. Write down who had access to the car, room or bag where the drugs were found.
4. Say nothing about the case on jail phones, video visits or messages.
5. Follow every release condition, and keep all court dates.
6. Speak with a defense attorney about the lab report, the search and the minimum before any decision.

Frequently asked questions

Is trafficking charged even without a sale?

Yes. Being in actual or constructive possession of the listed weight is trafficking (s. 893.135(1)). No sale or intent to sell has to be shown.

What weight counts, and does the bag matter?

The statute counts the total weight of the mixture containing the drug (s. 893.135(6)), meaning the drug and anything physically combined with it (s. 893.02). Whether packaging was kept out of the weight is something to check in the lab report.

Can a judge go below the mandatory minimum?

Only if the State Attorney moves to reduce or suspend the sentence for substantial assistance and the judge finds it was given (s. 893.135(4)). Otherwise the minimum must be imposed (s. 893.135(3)).

Can a trafficking charge be reduced to possession?

It can happen when the weight is below a threshold or the State agrees to amend the charge, but no outcome can be promised. See whether criminal charges can be dropped.

What is a "place used for trafficking" charge?

Knowingly possessing a place or vehicle that will be used for trafficking or sale is a second-degree felony, and owning, leasing or renting one with that knowledge is a third-degree felony (s. 893.1351(1), (2)).

Is trafficking a bondable offense?

Bond is decided case by case at first appearance and later hearings. The factors are explained in how bond works in Florida.

How can Mr. Mead help?

Mr. Mead's practice is devoted entirely to criminal defense, with more than three decades in South Florida courts. In a trafficking case, the lab weight, the search and the proof of possession can decide whether a mandatory minimum applies at all, so they deserve close attention from the start. The office is in Boca Raton, Spanish and Portuguese are spoken, and you can call 24 hours.

Every case is different, and no result can be promised. If you are facing a trafficking charge, a confidential call to (561) 362-6677 is a sound first step.

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