Miami Drug Trafficking Attorneys

Penalties for Drug Trafficking in Florida

People accused of drug trafficking in Florida face severe criminal penalties if convicted at the state level.

In order to prove an allegation of drug trafficking under § 893.135 of the Florida Statutes, all that a prosecutor must show beyond a reasonable doubt is that:

• A person had knowledge of the substance;
• The substance was the controlled substance that was alleged; and
• The substance weighed over the minimum alleged amount.

Only a prosecutor can recommend to the court a departure from the mandatory minimum sentence.

A majority of drug trafficking cases involve controlled substances such as:

The state penalties for drug trafficking are harsh, with mandatory minimum sentences required in the Florida State Prison and fines that greatly exceed the fines for other types of crimes. Penalties usually depend on the type and quantity of drugs allegedly involved. In addition, if you are not a United States citizen, a conviction for an offense related to a controlled substance violation will result in deportation from the U.S. (unless certain exceptions apply).

Penalties for Conviction of Marijuana Trafficking in Florida

Trafficking in cannabis (marijuana) is a first-degree felony, punishable by up to 30 years in state prison, but depending on the amount of marijuana, the mandatory minimum prison sentences and fines imposed after a conviction differ:

• 25 to 2,000 pounds (or more than 300 plants): Three-year mandatory minimum prison sentence and a $25,000 fine
• 2,000 to 10,000 pounds (or more than 2,000 plants): Seven-year mandatory minimum prison sentence and a $50,000 fine
• 10,000 or more pounds (or more than 10,000 plants): 15-year mandatory minimum prison sentence and a $250,000 fine

Penalties for Conviction of Cocaine Trafficking in Florida

Trafficking in cocaine is a first-degree felony, punishable by up to 30 years in state prison, but the amount of cocaine will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 28 grams to 200 grams: Three-year mandatory minimum prison sentence and a $50,000 fine
• 200 to 400 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine
• 400 grams to 1.5 kilograms: 15-year mandatory minimum prison sentence and a $250,000 fine

Penalties for Conviction of Heroin Trafficking in Florida

Trafficking in heroin is a first-degree felony, punishable by up to 30 years in state prison, but the amount of heroin will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 4 to 14 grams: Three-year mandatory minimum prison sentence and a $50,000 fine
• 14 to 28 grams: 15-year mandatory minimum prison sentence and a $100,000 fine
• 28 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a $500,000 fine

Penalties for Conviction of Hydrocodone Trafficking in Florida

Trafficking in hydrocodone (marketed under trade names such as Vicodin and others) is a first-degree felony, punishable by up to 30 years in state prison.

However, the amount of hydrocodone will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 14 to 28 grams: Three-year mandatory minimum prison sentence and a $50,000 fine
• 28 to 50 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine
• 50 to 200 grams: 15-year mandatory minimum prison sentence and a $500,000 fine
• 200 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a $750,000 fine

Penalties for Conviction of Oxycodone Trafficking in Florida

Trafficking in oxycodone (marketed under the trade name OxyContin and others) is a first-degree felony, punishable by up to 30 years in state prison, but the amount of oxycodone will determine the mandatory minimum prison sentences and fines imposed after a conviction:

• 7 to 14 grams: Three-year mandatory minimum prison sentence and a $50,000 fine
• 14 to 25 grams: Seven-year mandatory minimum prison sentence and a $100,000 fine
• 25 to 100 grams: 15-year mandatory minimum prison sentence and a $500,000 fine
• 100 grams to 30 kilograms: 25-year mandatory minimum prison sentence and a fine of $750,000

Note: Other aggravating factors, such as a prior drug conviction or the possession or use of a firearm while engaged in drug trafficking, or a death that occurs as a result of drug trafficking, may result in even more jail time or higher fines. The penalties for trafficking in other controlled substances not listed here (such as methamphetamine, GHB, LSD and others) can also be found in § 893.135 of the Florida Statutes.

How Our Miami Drug Trafficking Defense Process Works

When you are facing a trafficking charge, understanding what will happen next can make the situation feel more manageable. At Hubbs Law Firm, we follow a structured approach that allows us to move quickly while still taking the time to learn your story. From the moment you contact us after an arrest in Miami-Dade County, our goal is to give you clear information, answer your questions, and help you avoid decisions that could harm your case.

In most cases, we begin by reviewing the arrest report, any warrants, and the initial discovery from the State Attorney’s Office or federal prosecutors. We then meet with you—either at our office, over the phone, or at a local jail such as TGK—to hear your version of events and to explain how charges are handled in the Miami-Dade criminal courts. As former prosecutors, we know how the State evaluates these cases, and we use that insight to identify early weaknesses in the evidence and to plan which issues to challenge first.

After this initial review, we typically conduct a deeper investigation that can include visiting the location of the arrest, examining any video or audio recordings, and requesting additional materials through formal discovery. Throughout the process, we keep you updated on court dates, filing deadlines, and any plea offers that may be made so that you can make informed choices about whether to negotiate or proceed toward trial. This step-by-step approach helps ensure that no detail is overlooked and that your defense is tailored to the specific facts of your case and your personal concerns, including immigration or professional licensing issues.

Confidential Informants

Law enforcement agencies often use confidential informants to make undercover stings, or “controlled buys,” of drugs. During these types of law enforcement operations, a confidential informant will be instructed to attempt to buy or sell drugs to either a known or unknown person. Police generally record the transaction through audio or video surveillance. The buyer or seller is then arrested once the transaction is completed.

Confidential informants have special status in criminal cases. The State Attorney’s Office can sometimes protect the identity of these witnesses due to the danger of disclosure and the risk of jeopardizing future law enforcement investigations.

You need a qualified criminal defense attorney to address issues related to confidential informants. Many times the identity of a confidential informant can be revealed with a simple motion. In addition, a skilled criminal defense attorney can evaluate the credibility of confidential informants through the discovery process and through depositions. Many confidential informants lack credibility due to prior criminal records, an incentive to receive a reduction in pending charges, and payment for their cooperation with police.

In Miami-Dade County, confidential informants are frequently used by local narcotics units during long-term investigations focused on specific neighborhoods or alleged distribution networks. An attorney who regularly appears in the Miami criminal courts will understand how judges in this area typically handle requests to disclose an informant’s identity and what factors the court may weigh when deciding whether the informant’s testimony is essential to the defense.

Because informants often work with the same detectives across multiple cases, patterns can emerge in how operations are set up and how evidence is documented. A Miami drug trafficking attorney who carefully reviews prior cases involving the same informant or officers may uncover inconsistencies, missing recordings, or departures from standard procedures that can be used to challenge the reliability of the investigation in your case.

Defending a Drug Trafficking Case in Miami, Florida

The Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures, sets the framework for proper searches and offers a possible defense when a person is accused of drug trafficking. If the police conduct an illegal search under the Fourth Amendment, any evidence obtained must be excluded.

Florida law allows an entrapment defense when police illegally induce a person to commit a crime when the person induced was not otherwise predisposed to engage in the illegal activity. A defense attorney may also be able to make an argument that the defendant had no knowledge that he or she possessed any drugs.

A skilled drug crime defense attorney will be able to assess the situation and determine factors that may mitigate the charges, which could lead to a reduction or dismissal of the charges.

Defending a trafficking case in Miami often begins with a detailed review of how the investigation started, whether it arose from a traffic stop on a major roadway, a search warrant in a local residence, or a larger operation involving state or federal task forces. Each type of investigation presents different opportunities to challenge reasonable suspicion, probable cause, and the scope of any searches that were conducted. An attorney who regularly handles trafficking cases in Miami can identify which motions are likely to be most effective based on the specific facts of your arrest.

In addition to filing legal challenges, a Miami drug trafficking attorney may explore options such as negotiating for a reduction below the trafficking thresholds, seeking a plea to lesser offenses that do not carry mandatory minimum sentences, or presenting mitigation about your background, employment, and family responsibilities. These strategies are especially important for non-citizens and for individuals with limited or no prior record, where the long-term impact of a conviction can extend far beyond any prison term.

Drug Trafficking Charges And Immigration Consequences

For non-citizens living or working in South Florida, a trafficking arrest can create two serious problems at once: a criminal case and an immigration case. Even a single conviction for a drug trafficking offense under Florida law can be treated as a controlled substance violation or aggravated felony for immigration purposes, which may lead to removal proceedings in Miami’s immigration courts. Because Hubbs Law Firm practices both criminal defense and immigration law, we are able to look at the whole picture when advising you about possible outcomes.

When we evaluate a new trafficking case for a non-citizen client, we consider not only the potential prison or probation exposure but also how different plea options might affect your ability to remain in the United States. A plea that seems reasonable in the criminal courtroom at the Richard E. Gerstein Justice Building may still trigger detention by immigration authorities or bar you from future immigration benefits. By coordinating the strategy between your criminal case and any pending or future immigration filings, we work to help you avoid avoidable immigration consequences whenever the law allows.

Because immigration consequences are driven by specific statutory language, even small differences in the charge you plead to can make a major difference. Our background as former prosecutors helps us communicate clearly with the State about why alternative resolutions or amendments to the charge may be appropriate when immigration is at stake. While no attorney can erase the immigration risks that come with a trafficking allegation, having guidance from a team that routinely appears in both Miami-Dade criminal courts and local immigration courts can give you better information as you decide how to move forward.

Frequently Asked Questions

Will I Have To Go To Jail While My Drug Trafficking Case Is Pending?

Whether you remain in jail or are released while your case is pending depends on the specific charges, your prior record, and the bond that is set by the court. In many Miami trafficking cases, a judge at the bond hearing will decide on conditions such as monetary bond amounts, electronic monitoring, or house arrest. Speaking with an attorney quickly after arrest can help you present information about employment, family ties, and other factors that may support a request for more favorable release conditions.

Can A Drug Trafficking Charge Be Reduced To A Lesser Offense?

Trafficking charges are sometimes reduced to lesser offenses such as possession with intent or simple possession, but this depends on the facts of the case and the strength of the State’s evidence. Factors that may influence this decision include the exact weight of the substance, whether there were signs of sales activity like scales or packaging, and your prior criminal history. An attorney can review the discovery and communicate with the prosecutor to determine whether a reduction is realistic in your situation.

What Is The Difference Between State And Federal Drug Trafficking Cases?

State drug trafficking cases in Miami are typically prosecuted in the Miami-Dade state courts under Florida Statutes, while federal trafficking cases are handled in the U.S. District Court for the Southern District of Florida. Federal cases often involve larger quantities, multi-state investigations, or allegations of conspiracy, and they can carry different mandatory minimum sentences. Understanding which system your case is in is important because the procedures, potential penalties, and opportunities for negotiation can be very different in state and federal court.

How Long Does A Drug Trafficking Case Usually Take To Resolve?

The timeline for a trafficking case can range from a few months to more than a year, depending on the complexity of the investigation and whether the case is resolved by plea or goes to trial. Gathering discovery, filing motions, and waiting for hearing dates at busy Miami-Dade courthouses can add time, especially in more serious cases. Your attorney can give you a better sense of the likely timeline after reviewing the charges and the amount of evidence involved.

Should I Talk To The Police If They Say Cooperation Will Help Me?

Law enforcement officers sometimes suggest that cooperation or providing information will help your situation, but agreeing to talk without legal advice can expose you to additional risk. Anything you say, even when you believe you are helping yourself, can still be used against you in court. Consulting with an attorney before deciding whether to meet with detectives or agents allows you to understand the potential benefits and drawbacks and to decide whether cooperation is in your best interest.

Trust Our Firm to Fight for You & Your Future

If you were charged with drug trafficking, trafficking in narcotics, or trafficking in a controlled substance in Miami-Dade County or throughout Florida, you face a serious first-degree felony charge, with harsh penalties of years in prison and expensive fines if convicted. A skilled and dedicated criminal defense attorney can help you decide how to respond to your drug charges.

Hubbs Law Firm has the experience and qualifications to help you fight for your freedom. Our Miami drug trafficking attorneys can aggressively defend you against your charges and provide you with skilled representation in your case.

We offer a free initial consultation. Meet our attorneys and let them explain your charges and the potential penalties that may be imposed if you are convicted. Allow us to examine your arrest for any missteps the police or arresting agency made, which could lead to the exclusion of evidence. Ask about possible defense strategies and learn how you might be able to avoid the harshest penalties. We may even be able to secure a reduction or dismissal of the charges.

Don't delay! Call Hubbs Law Firm today at (305) 570-4802 to schedule an appointment to discuss your drug trafficking charge.

Additional Resources

• Florida Statutes, Title XLVI, Chapter 893, § 893.135 – Read the current Florida laws about drug trafficking, the drugs and their amounts that may lead to a drug trafficking charge, and the mandatory minimum sentences that may be imposed by the state of Florida.
• Standard Criminal Jury Instructions for Criminal Cases – The Florida Supreme Court website has links to the Standard Criminal Jury Instructions for Trafficking in Controlled Substances cases, including cannabis, cocaine, heroin, oxycodone, hydrocodone, phencyclidine and methaqualone.
• Federal Drug Trafficking Penalties – The U.S. Drug Enforcement Administration (DEA) lists the penalties for federal drug trafficking offenses.
• Drug Enforcement Administration (DEA)– The DEA is the primary federal agency tasked with investigating federal drug crimes.  Click on this link for information on the agency, press releases, and information on how to leave a tip of suspected drug crimes. 
• Miami-Dade Police Department (Narcotics Bureau) - The Narcotics Unit with the Miami-Dade Police Department handles state investigations of drug crimes in Miami-Dade County.
• City of Miami Police Department (Narcotics)- The Narcotics Unit with the City of Miami Police Department handles state investigations of drug crimes in the city of Miami.
• Florida Department of Law Enforcement (FDLE)- Click here to see statistics for drug and other crimes compiled by FDLE.