Florida has some of the toughest drug laws in the entire country. Many people assume that “trafficking” means you are a major drug dealer moving huge shipments across state lines. However, under Florida law, the charge is based entirely on the weight of the substance found in your possession.
If authorities arrest you with a certain amount of cocaine, you could face a trafficking charge even if it was just for personal use or for sharing with friends. Understanding the severity of these laws is critical because the consequences are automatic and severe.
Cocaine trafficking is a first-degree felony
In Florida, having 28 grams or more of cocaine is automatically classified as trafficking, which is a first-degree felony. The most critical aspect of this law is the use of “mandatory minimum” sentencing. This means that if you get a conviction, the judge will impose a specific prison sentence and fine, regardless of your personal situation or lack of a prior criminal record.
The severity of the punishment depends directly on the weight of the drugs found. For instance, for amounts between 28 and 200 grams, you could face three years in prison and a $50,000 fine. For cases involving 400 grams up to 150 kilograms, the mandatory sentence jumps to 15 years in prison alongside a $250,000 fine.
These sentences are essentially “day-for-day,” meaning you are generally not eligible for parole or early release during that mandatory time period.
Know your rights as a defendant
Facing a trafficking charge is overwhelming, but an arrest is not a conviction. Because the penalties are so strict, building a defense strategy is your only option to protect your freedom. There may be issues with how the police conducted the search, how they weighed the evidence or whether your rights were violated during the arrest.