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I often get calls from people wondering how they can be charged with Drug Trafficking when they simply possessed drugs, or in the case of Conspiracy to Traffic, they did not even possess any illegal substance. In Florida trafficking charges are based on the sale or possession of controlled substances where the weight involved is greater than the statutory limits. (see below for list of some of the more common controlled substances and their statutory limits). Conspiracy to traffic controlled substances can involve people who were not necessarily even in direct contact with the drugs but are those that authorities believe furthered the sale or possession of drugs exceeding a certain weight.
Every trafficking charge in Florida has a statutory minimum prison sentence as well as potential seizure of belongings that could have any connection to the crime. It is critical to hire an attorney that is familiar with these penalties as well as the possible defenses.
The intentional sale, purchase, manufacture, delivery, possession or transporting a specific amount of a controlled substance. You can be charged with drug trafficking if the weight of the drugs exceeds:
Cocaine: 28 grams
Cannabis: 25 pounds or 300 plants
Hydrocodone: 14 grams
Oxycodone: 7 grams
28 grams – 200 grams:
3 year mandatory minimum sentence; $50,000 fine
200 grams – 400 grams:
7 year mandatory minimum sentence; $100,000 fine
400 grams – 150 kilograms:
15 year mandatory minimum sentence; $250,000 fine
More than 150 kilograms:
First degree felony: Life Imprisonment with no parole eligibility
25-2,000 pounds or 300 to 2,000 plants:
3 year mandatory minimum prison sentence; $25,000 fine
2,000 pounds – 10,000 pounds or 2,000 -10,000 plants
7 year mandatory minimum prison sentence; $50,000 fine
10,000 pounds or more:
15 years mandatory minimum prison sentence; $200,000 fine
14 grams – 28 grams:
3 year mandatory minimum sentence; $50,000 fine
29 grams – 49 grams:
7 year mandatory minimum sentence; $100,000 fine
50 grams – 200 grams:
15 year mandatory minimum sentence; $500,000 fine
200 grams – 30 kilograms:
25 year mandatory minimum sentence: $750,000 fine
7 grams – 14 grams:
3 year mandatory minimum; $50,000 fine
14 grams- 25 grams:
7 year mandatory minimum; $100,000 fine
15 grams to 100 grams:
15 year mandatory minimum; $500,000 fine
100 grams to 30 kilograms:
25 year mandatory minimum; $750,000 fine