Understanding Cocaine Trafficking Laws and Penalties in Florida
Cocaine trafficking is one of the most serious drug offenses in Florida. Under Florida Statutes § 893.135, possessing, selling, or transporting 28 grams or more of cocaine is considered trafficking, regardless of whether there was intent to distribute. This is not a simple possession charge—it carries severe penalties, including mandatory minimum prison sentences and massive fines. The weight of the cocaine in possession determines how harsh the sentence will be, with penalties ranging from 3 years to life in prison.
Anyone facing a cocaine trafficking charge needs to understand the legal consequences and the potential defenses available. Prosecutors take these cases seriously, and Florida law does not allow judicial discretion in sentencing below the mandatory minimums.
Florida’s Definition of Cocaine Trafficking
Under Florida Statutes § 893.135, cocaine trafficking occurs when a person knowingly sells, purchases, manufactures, delivers, brings into Florida, or is in actual or constructive possession of 28 grams or more of cocaine. Unlike simple possession, which focuses on personal use, trafficking is classified as a first-degree felony and carries mandatory prison time.
This means that even if you had no intention of selling the cocaine, simply possessing 28 grams or more automatically qualifies as trafficking under the law.
Penalties for Cocaine Trafficking in Florida
Florida law imposes strict penalties based on the weight of the cocaine involved. Each threshold carries an increasingly severe mandatory minimum sentence and fine:
-
28 to 199 grams
- Minimum 3 years in prison
- $50,000 fine
-
200 to 399 grams
- Minimum 7 years in prison
- $100,000 fine
-
400 grams to 149 kilograms
- Minimum 15 years in prison
- $250,000 fine
-
150 kilograms or more
- Life in prison without parole
Trafficking in 150 kilograms or more of cocaine is considered a capital felony, meaning the death penalty could be imposed in extreme cases.
Because of these severe penalties, defending against cocaine trafficking charges requires a strong legal strategy.
What is "Possession" Under Florida Law?
Many people assume that they must be physically holding cocaine to be charged with trafficking, but that is not the case. Florida law recognizes two types of possession:
Actual Possession
- The cocaine is found on your person, such as in your pocket or hand.
Constructive Possession
- The cocaine is in a place you have control over, such as your car, home, or hotel room.
Even if you never touched the cocaine, the prosecution can argue that you had control over it. This is why individuals who were simply in the wrong place at the wrong time can still face serious drug trafficking charges.
Legal Defenses Against Cocaine Trafficking Charges
Being accused of cocaine trafficking does not mean a conviction is automatic. Florida law requires the prosecution to prove beyond a reasonable doubt that you:
- Knew the cocaine was present
- Had control over it
- Possessed at least 28 grams
There are several legal defenses that can be used to challenge these charges.
Lack of Knowledge
To be convicted, you must have known the cocaine was present. If you were unaware that drugs were in your vehicle, home, or luggage, you may have a valid defense.
Illegal Search and Seizure
The Fourth Amendment protects against unlawful searches. If law enforcement obtained the cocaine through an improper traffic stop, warrantless search, or coerced consent, the evidence may be thrown out.
Entrapment
Law enforcement cannot pressure or trick someone into committing a crime they would not have otherwise committed. If an undercover officer induced the crime, this could be a defense.
Insufficient Weight of the Substance
If the total weight of the seized substance includes non-cocaine materials, the prosecution may not be able to meet the 28-gram threshold. Testing errors at crime labs can also be challenged.
Constructive Possession Issues
If the drugs were found in a shared area—such as a car with multiple passengers or a residence with roommates—it may be difficult for prosecutors to prove that the cocaine belonged to you.
Federal Involvement in Cocaine Trafficking Cases
In some cases, Florida cocaine trafficking charges can escalate to federal charges. The federal government typically becomes involved when:
- The cocaine was transported across state lines
- The weight involved is especially large
- There is alleged involvement in an organized drug operation
Federal charges usually come with harsher sentencing guidelines than Florida state charges. Defending against these cases requires an aggressive approach.
How a Cocaine Trafficking Conviction Affects Your Future
A conviction for cocaine trafficking in Florida carries lifelong consequences, including:
- Felony record that makes finding employment difficult
- Loss of voting rights and firearm ownership
- Immigration consequences, including deportation for non-citizens
- Driver’s license suspension, even if the offense did not involve a vehicle
Given the severe impact on your life, fighting these charges aggressively is critical.
Florida Cocaine Charge FAQs
What amount of cocaine is considered trafficking in Florida?
Under Florida Statutes § 893.135, 28 grams or more of cocaine is considered trafficking, carrying mandatory prison time and heavy fines. Even if there is no intent to sell, possession of this amount automatically qualifies as trafficking.
Can I be charged with cocaine trafficking if I never sold the drugs?
Yes. Cocaine trafficking in Florida does not require proof of intent to sell. Simply possessing 28 grams or more meets the legal threshold for trafficking.
What happens if I was just in a car where cocaine was found?
If cocaine was found in a vehicle you were in, prosecutors must prove you had control over the drugs. This is called constructive possession. If you were simply a passenger and had no knowledge of the drugs, this can be a strong defense.
What is the minimum sentence for cocaine trafficking in Florida?
The minimum sentence depends on the weight:
- 28 to 199 grams: 3 years in prison
- 200 to 399 grams: 7 years in prison
- 400 grams to 149 kilograms: 15 years in prison
- 150 kilograms or more: Life in prison
Is cocaine trafficking a federal or state crime?
It can be either. If the offense involves large quantities or crosses state lines, the case may be prosecuted in federal court, which often results in harsher sentences.
Can I avoid prison time for cocaine trafficking in Florida?
Florida law mandates minimum sentences for cocaine trafficking. However, if there are legal flaws in the case, charges could be reduced or dismissed.
What if law enforcement found cocaine after an illegal search?
If police conducted an unlawful search, any evidence obtained may be inadmissible in court. This could lead to the charges being dismissed.
What defenses are available for cocaine trafficking charges?
Common defenses include:
- Lack of knowledge about the drugs
- Illegal search and seizure
- Entrapment
- Insufficient weight of the substance
- Constructive possession issues
Can I bond out of jail if I’m charged with cocaine trafficking?
Bail for cocaine trafficking is often high, and in some cases, a no-bond hold may be placed until a judge reviews the case. An attorney can file a motion for a bond hearing.
How can a lawyer help me fight cocaine trafficking charges?
An experienced lawyer will analyze the evidence, challenge procedural errors, negotiate for reduced charges, and build a defense strategy that maximizes your chances of avoiding severe penalties.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged in Florida with a criminal or traffic offense. They serve all 67 counties in Florida and are available 24/7/365 at 1-888-484-5057 for your FREE consultation.