Trafficking in Florida refers to the illegal sale, purchase, manufacture, delivery, or transportation of controlled substances in quantities that meet or exceed specific thresholds established by law. Trafficking is considered one of the most serious drug offenses in Florida, and it carries severe penalties, including mandatory minimum prison sentences and substantial fines. The law governing trafficking is found in Florida Statutes § 893.135.

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Definition of Trafficking:

Trafficking involves the illegal handling of controlled substances in quantities that exceed certain thresholds. The offense can occur through various activities, including:

1. Selling or distributing controlled substances.

2. Transporting controlled substances with the intent to sell or distribute.
3. Manufacturing or producing controlled substances.

4. Possessing large quantities of controlled substances with the intent to distribute.

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Controlled Substances Subject to Trafficking Charges:

Controlled substances that can lead to trafficking charges include, but are not limited to:

- Cocaine
- Heroin
- Methamphetamine
- Marijuana
- Oxycodone
- Fentanyl
- MDMA (Ecstasy)
- Hydrocodone
- LSD

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Trafficking Thresholds and Penalties:

The penalties for trafficking in Florida depend on the type and quantity of the controlled substance involved. Each drug has a specific threshold amount that determines whether the charge will be classified as trafficking. Below are some examples:

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1. Trafficking in Cocaine:

   - 28 grams to 200 grams: Minimum 3 years in prison and a $50,000 fine.

   - 200 grams to 400 grams: Minimum 7 years in prison and a $100,000 fine.

   - 400 grams to 150 kilograms: Minimum 15 years in prison and a $250,000 fine.

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2. Trafficking in Heroin:

   - 4 grams to 14 grams: Minimum 3 years in prison and a $50,000 fine.

   - 14 grams to 28 grams: Minimum 15 years in prison and a $100,000 fine.

   - 28 grams to 30 kilograms: Minimum 25 years in prison and a $500,000 fine.

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3. Trafficking in Methamphetamine:

   - 14 grams to 28 grams: Minimum 3 years in prison and a $50,000 fine.

   - 28 grams to 200 grams: Minimum 7 years in prison and a $100,000 fine.

   - 200 grams or more: Minimum 15 years in prison and a $250,000 fine.

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4. Trafficking in Marijuana:

   - 25 pounds to 2,000 pounds or 300 to 2,000 plants: Minimum 3 years in prison and a $25,000 fine.

   - 2,000 pounds to 10,000 pounds or 2,000 to 10,000 plants: Minimum 7 years in prison and a $50,000 fine.

   - 10,000 pounds or more or 10,000 or more plants: Minimum 15 years in prison and a $200,000 fine.

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5. Trafficking in Fentanyl:

   - 4 grams to 14 grams: Minimum 3 years in prison and a $50,000 fine.

   - 14 grams to 28 grams: Minimum 15 years in prison and a $100,000 fine.

   - 28 grams or more: Minimum 25 years in prison and a $500,000 fine.

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Mandatory Minimum Sentences:

One of the key aspects of trafficking charges in Florida is the imposition of mandatory minimum sentences. These sentences mean that a judge must impose at least the minimum prison time specified by law, without the possibility of parole or early release. The severity of these sentences reflects the seriousness with which Florida law treats drug trafficking offenses.

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Defenses to Trafficking Charges:

Several defenses may be available to someone charged with trafficking in Florida, depending on the circumstances of the case:

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1. Lack of Knowledge: The defendant may argue that they were unaware of the presence or nature of the controlled substance.

2. Entrapment: If law enforcement induced the defendant to commit the crime that they would not have otherwise committed, this may be a defense.

3. Illegal Search and Seizure: If the police conducted an illegal search or violated the defendant’s constitutional rights, the evidence (drugs) may be suppressed, leading to dismissal of the charges.

4. No Intent to Distribute: The defendant may argue that the controlled substances were for personal use and not for distribution or sale.

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Importance of Legal Representation:

Trafficking charges are among the most severe drug-related offenses in Florida, carrying long prison sentences, hefty fines, and a permanent criminal record. Given the seriousness of these charges, it is crucial for anyone facing trafficking allegations to seek legal representation from an experienced criminal defense attorney who can evaluate the evidence, challenge the prosecution’s case, and work to reduce or dismiss the charges.

In summary, trafficking in Florida involves the illegal sale, distribution, or possession of large quantities of controlled substances. The penalties for trafficking depend on the type and amount of the substance, with mandatory minimum sentences ranging from 3 years to 25 years or more in prison. Legal representation is essential to defend against these charges and protect your rights.  If you are charged with these offenses in Duval County or anywhere in Florida contact our office for a free consultation.