What Qualifies as Drug Trafficking in Florida?
Americans’ attitude about drug trafficking is changing, despite persistently high drug overdose rates. As recently as 2018, most people believed drugs were a serious problem. By 2024, that percentage had declined significantly. The changing face of drug trafficking may have something to do with the decline. Today, most “drug traffickers” are over-prescribing doctors, friends giving friends unused painkillers, and other people not traditionally seen as “bad guys.”
Public attitudes have changed, but Florida’s strict drug trafficking laws haven’t changed. More on that below. However, the changing attitude makes it easier for a Tampa criminal defense lawyer to successfully resolve drug trafficking charges. Yesterday, if a violent drug kingpin was on trial, many jurors would lock him up and throw away the key. Today, if Paul faces drug trafficking charges, many jurors will give him a second chance.
Marijuana Trafficking
Several local municipalities, including Tampa and Broward County, have partially de-criminalized marijuana possession. But marijuana trafficking laws remain in full force and effect. These laws apply if a person:
- Sells,
- Buys,
- Possesses,
- Manufacturers,
- Delivers, or
- Brings into the state
Any quantity of refined marijuana above twenty-five pounds, or more than three hundred cannabis plants, if these plants meet certain qualifications. The marijuana drug trafficking law also includes mandatory minimum prison sentences.
To seal the deal in court, prosecutors often use circumstantial evidence seized at the time of the arrest, such as:
- Cash,
- Baggies,
- Scales
A Tampa criminal defense lawyer often successfully challenges the warrant or search warrant exception that lead to the evidence seizure. This procedural defense is available in other drug trafficking cases as well.
Search warrants must be based on probable cause affidavits. Usually, the uncorroborated word of a paid informant is not sufficient for probable cause. Common search warrant exceptions include plain view seizures and voluntary consent searches. These exceptions must meet specific requirements.
A marijuana prescription could be a defense to a drug trafficking case as well. However, the prescription must allow the defendant to possess a large quantity of marijuana, and that’s pretty unlikely.
Cocaine and Illegal Street Drugs
Roughly the same rules apply to cocaine and other street drugs. Possession above a certain amount, such as more than twenty-eight grams of pure cocaine or 150 grams of “mixed” cocaine, is drug trafficking, under Section 893.135.
We should say a few words about adulterated or mixed drugs. Sometimes, an illegal substance, like cocaine, is so heavily diluted with another substance that it doesn’t legally qualify as “cocaine.” On a similar note, Florida has a long list of prohibited places, such as trafficking within 1,000 feet of a school, that carry enhanced penalties.
Prescription Drugs
Dramatic seizures of large amounts always make the headlines. But most drug trafficking cases in Hillsborough County are much smaller prescription drug trafficking cases.
The amount is much lower. A handful of Oxycontin pills or Fentanyl strips usually meets the drug trafficking threshold. Additionally, note that possession of a large amount, by itself, constitutes drug trafficking. The intent element is only knowingly (the defendant knows s/he has the pills) and money need not exchange hands during a transaction.
Count on a Dedicated Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a free consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in Pinellas County and nearby jurisdictions.
