Being arrested for drug trafficking in Florida can create immediate uncertainty and serious concerns about what comes next. Many people assume trafficking involves large-scale dealing or organized distribution. In reality, Florida law often bases these charges on weight alone. This means an individual may face severe penalties simply because the amount of a substance exceeded the statutory limit—even without evidence of sales activity.
Florida categorizes drug offenses as simple possession, possession with intent, and trafficking. Trafficking occurs when the amount of a controlled substance reaches the thresholds listed under Florida Statutes § 893.135, which apply statewide, including in Daytona and across Volusia County, and any firm handling serious drug crimes should be familiar with how prosecutors interpret them. Once a case qualifies as trafficking, the charge typically becomes a first-degree felony with strict sentencing requirements.
At Hager & Schwartz, P.A., we guide individuals through these complex situations and focus on practical, defense-oriented solutions. If you need help with your case, contact us to schedule a consultation.
What Qualifies as Drug Trafficking in Florida?
Florida’s drug trafficking laws reach far beyond what most people expect.
Under Florida Statutes § 893.135, a person may be charged with trafficking for activities such as:
- Selling or attempting to sell a controlled substance
- Purchasing drugs above a trafficking-level amount
- Manufacturing or preparing controlled substances
- Delivering or transporting drugs
- Possessing a quantity that meets or exceeds the legal threshold
In many cases, possession forms the basis of the charge because the amount alone can trigger trafficking penalties.
Actual vs. Constructive Possession
Another factor that plays a major role in trafficking cases is how the drugs are possessed.
Florida law recognizes two categories:
- Actual possession: This applies when the substance is found directly on someone or within immediate reach, such as in a pocket or bag.
- Constructive possession: This occurs when drugs are located in an area a person controls, such as a shared car or home. Prosecutors must prove:
- Knowledge of the substance
- Ability to control it
Constructive possession often becomes a central issue, especially when multiple people had access to the area where substances were found.
Role of Controlled Substance Schedules
Florida categorizes substances under a controlled substance schedule, ranging from Schedule I to Schedule V.
Classification affects:
- Trafficking thresholds
- Potential penalties
- Mandatory minimum sentencing in Florida
Schedule I and II substances (like heroin, fentanyl, cocaine, and methamphetamine) carry the harshest penalties. Schedules III through V include substances with accepted medical uses and lower abuse potential, though trafficking thresholds and penalties still apply.
Trafficking Thresholds for Common Substances
Understanding trafficking thresholds in Florida is crucial because even small amounts can lead to significant charges. These thresholds apply in Daytona, just as they do across the state.
The following are some of the most common substances involved in Volusia County trafficking cases and the weights that lead to Florida’s most severe charges:
- Cannabis: Trafficking begins at more than 25 pounds or over 300 plants.
- Cocaine: The threshold starts at 28 grams.
- Heroin, fentanyl, and other opioids: Thresholds begin at 4 grams, which can include very small quantities.
- Prescription painkillers: Substances such as hydrocodone or oxycodone can reach trafficking-level weights with only a small number of pills.
- Methamphetamine: Trafficking begins at 14 grams, a lower amount than many expect.
Slight variations in packaging, moisture, or lab testing may influence whether a case meets trafficking level. These details frequently require close review in Daytona-area cases.
Why Thresholds Matter in Your Case
Because trafficking charges depend on weight, even slight variations in how a substance is tested, weighed, or packaged can significantly alter the severity of the charges.
For example:
- Moisture content, which increases weight
- Cutting agents added to dilute or stretch a substance
- Residue inside baggies or containers included in the total weight
- Multiple items weighed together rather than separately
These problems often lead to inflated weights that classify a case as trafficking. An experienced Daytona Beach drug trafficking lawyer can contest these calculations, question the lab techniques, or argue that certain parts of the substance shouldn’t legally count toward the threshold.
Mandatory Minimum Sentencing in Florida
Mandatory minimum sentences are one of the most intimidating aspects of a drug trafficking charge in Florida. A mandatory minimum sentence is a legally fixed amount of prison time that a judge must impose if someone is convicted of a trafficking offense. Generally, judges cannot go below these minimums unless exceptions exist.
Examples of mandatory minimums by drug type include:
- Cannabis:
- 3 years for lower weight ranges
- Higher penalties as weight increases
- Cocaine:
- 28 grams or more → 3-year minimum
- 200 grams or more → 7-year minimum
- 400 grams or more → 15-year minimum
- Heroin and other opioids:
- 4 grams or more → 3-year minimum
- 14 grams or more → 15-year minimum
- 28 grams or more → 25-year minimum
These penalties apply regardless of whether the individual intended to sell the drug. Merely possessing the threshold amount is sufficient for prosecutors to pursue a trafficking conviction.
Early involvement from the right attorney can influence how your case develops, including whether mandatory minimums apply. An experienced lawyer can intervene before charges are formally filed, challenge the alleged weight, question the legality of the stop or search, or negotiate for a reduction that can alleviate the mandatory minimum.
Other Consequences of a Trafficking Conviction
Beyond prison time and fines, a trafficking conviction carries sweeping, long-lasting consequences, many of which affect a person for years after release.
These include:
- A permanent felony record
- Loss of civil rights, including voting and firearm ownership
- Potential immigration consequences, including removal or inadmissibility
- Restrictions on professional licenses, certifications, and higher education opportunities
- Serious barriers to employment, housing, loans, and public benefits
For many individuals, these collateral consequences alter the course of their lives as much as the prison sentence itself. That is why building a strong defense early—and working to reduce or avoid a trafficking conviction—is essential.
Legal Defenses That May Reduce Trafficking Charges
An arrest does not determine the outcome of a case. Prosecutors still must prove each element beyond a reasonable doubt.
Common defense strategies include:
- Challenging the stop, search, or seizure: If law enforcement lacked reasonable suspicion or probable cause, evidence may be excluded.
- Disputing possession: Constructive possession cases often hinge on contested facts involving shared spaces or unclear control.
- Attacking weight and lab results: Errors may occur when calculating total weight or handling evidence.
- Evaluating informant or undercover activity: Informants’ statements may be influenced by incentives or pending charges.
- Negotiating charge reductions: In some cases, charges may be reduced below trafficking levels, thereby removing mandatory minimum sentences.
Hager & Schwartz, P.A. evaluates these issues early to shape a focused and fact-based strategy.
Why Early Legal Representation Matters in Daytona Beach
Early guidance from a Daytona Beach drug trafficking attorney can influence how a case develops. At the beginning of an investigation, law enforcement and prosecutors are forming conclusions that may shape later decisions. Effective early representation helps protect rights, address weight or possession issues, and pursue opportunities to reduce the severity of potential charges.
Hager & Schwartz, P.A. offers confidential consultations and direct communication with attorneys to support individuals facing allegations throughout Volusia County.
If you or someone you know is accused of drug trafficking in Daytona, contact us to discuss your case with a defense lawyer who will carefully and diligently address each aspect of your case.
