As a former prosecutor with years of experience in criminal defense, our drug defense attorney in Florida, Matt Shafran, will aggressively fight to protect your rights. He will stop at nothing to get the best outcome possible for you.
Most people think of cocaine, heroin, and other illegal substances when they think of drug offenses. However, illegal sale, procurement, and use of prescription drugs is also a drug offense. Every drug charge is serious and can come with severe repercussions.
Common Florida Drug Crime Charges include:
- Possession of paraphernalia
- Manufacture, possession, or delivery of a controlled substance
- Possession of a controlled substance with intent to manufacture, distribute, or sell
- Selling a controlled substance
- Trafficking a controlled substance
- Forging a prescription
Drug crimes, their classification, and their penalties are spelled out in Fla. Stat. § 893.135. The list of controlled substances in the statute includes, but is not limited to, cocaine, heroin, marijuana, hydrocodone, oxycodone, LSD, GHB, meth, and ecstasy (MDMA).
Penalties for Drug Offenses in Florida
Penalties for drug offenses are based on the substance involved, the quantity possessed, and what the accused was doing with the substance. A skilled Florida drug lawyer can help you understand the penalties you may face if you are convicted.
However, Florida law also requires the court to revoke your driver's license for six months after any drug conviction, even one unrelated to driving, though the court can authorize a hardship/business-purpose license (Fla. Stat. § 322.055).
Cannabis / Marijuana Drug Offense Penalties
Although marijuana is legal in many U.S. states, possession of marijuana is still illegal in Florida. Its legality in other states makes no difference to judges and prosecutors.
If you are charged with possessing 20 grams or less of marijuana, you face a misdemeanor charge that is punishable by a fine of not more than $1,000 and up to one year in jail. If the amount possessed is more than 20 grams, the charge might become a felony, and a conviction may lead to up to 5 years in prison and a fine up to $5000.
The circumstances surrounding marijuana drug crimes can cause the penalty to be even harsher. For instance, if you are growing marijuana, you may face a minimum mandatory prison term, depending on how much you are growing and other circumstances.
Penalty for Possession of Controlled Substances
A conviction for possession of a controlled substance, excluding marijuana, is punishable by a maximum prison sentence of five years. In addition, possession of cocaine, meth, heroin, ecstasy, and the other drugs mentioned above can lead to a fine of up to $5,000.
Penalty for Possession with Intent to Distribute
Often, law enforcement will charge a suspect with possession with intent to distribute. This charge is made when the amount of the controlled substance is higher than what is reasonable for personal use.
When the charge is possession with intent, the penalties become more severe. For marijuana, a possession with intent conviction is a third-degree felony. A conviction may lead to a maximum prison sentence of five years. For any other drug, a possession with intent charge is a second-degree felony. A conviction for this charge could result in a prison sentence of up to fifteen years.
Penalties for Drug Trafficking
The penalties for drug trafficking depend on the type of substance and the amount. If convicted of trafficking in cannabis/marijuana of 25-2,000 pounds, or 300-2,000 plants, the penalty is a mandatory minimum three-year prison term and a fine of not more than $25,000.
The higher the amount, the harsher the penalty, with a possible mandatory minimum fifteen-year prison sentence, if the amount tops 10,000 pounds/plants.
When caught with 28-199 grams of cocaine, the charge changes from possession to trafficking of cocaine. The penalty for this charge is a mandatory minimum prison sentence of three years and a maximum $50,000 fine. The penalty for possession of 200-399 grams is a seven-year mandatory minimum sentence and a possible $100,000 fine. Possession of 400 grams to 150 kilos of cocaine carries a fifteen-year minimum mandatory sentence and a fine as high as $250,000.
Trafficking in heroin, GHB, LSD, hydrocodone, oxycodone, meth, and other controlled substances also carries mandatory minimum prison sentences and fines, in some cases 25 years or more (Fla. Stat. § 893.135). These mandatory minimum sentences can sometimes be as long as 25 years.
Fentanyl and Opioid Trafficking Penalties
Florida prosecutors now treat fentanyl cases more aggressively than any other drug offense, and the trafficking threshold is dramatically lower than for other substances. Possessing just 4 grams of fentanyl or a fentanyl mixture is charged as trafficking, carrying a mandatory minimum prison sentence, and the mandatory minimums escalate sharply at 14 grams and 28 grams (Fla. Stat. § 893.135).
Because street drugs are frequently mixed or cross-contaminated, people arrested with what they believed was another substance can find themselves facing a fentanyl trafficking charge and years of mandatory prison time. Weight, lab analysis, and how the mixture was measured are all attackable issues in these cases, which is why an experienced defense lawyer should review the State's lab work before discussing any plea.
The specifics of your case will determine the best possible defense. At the Weinstein Legal Team, we analyze the circumstances and examine all the evidence and facts of your case to craft the best strategy for your defense. If evidence was collected due to an illegal search, we will challenge the evidence, and it may be tossed out. Without crucial evidence, the state may have to drop your case.
Unlawful Search and/or Seizure
Law enforcement often takes shortcuts, such as stopping a vehicle without enough legal grounds. Or, they may enter a home or business without a warrant based on probable cause. The law clearly states that it cannot be used when evidence, such as drugs, is obtained due to an unlawful search and seizure or a bad stop.
Entrapment
Often, law enforcement entices people to commit a drug offense they wouldn't have in other circumstances. The key to this defense is that law enforcement may have committed entrapment, and the drug arrest wouldn't have occurred otherwise.
A skilled, experienced attorney can demonstrate that the enticements used on the defendant equaled entrapment. This can lead to a reduced plea or the case being dropped.
Constructive Possession
Florida law distinguishes between actual possession (drugs on your person) and constructive possession (drugs in a place you allegedly controlled, a car's center console, a shared apartment, a borrowed bag). For constructive possession, the State must prove you knew the drugs were there and had control over them. Mere proximity is not enough. When drugs are found in a shared vehicle or home, this is often the strongest defense available. Read more about Florida's constructive possession laws.
Medical Marijuana Defense
Florida's medical marijuana program creates real defenses, and real traps. A valid, active medical marijuana card authorizes possession of qualifying cannabis products purchased from a licensed dispensary, but it does not cover smokable amounts above the legal limits, products bought outside the dispensary system, or possession by someone whose card has lapsed. If you were arrested for marijuana possession while holding a medical card, the details of what you possessed and where it came from decide the case.
Drug Court and Diversion Programs
Many Florida circuits offer drug court and pretrial diversion programs that can resolve a first-time possession charge without a conviction, typically through treatment, testing, and supervision, with charges dismissed on completion. Eligibility varies by county and by the State Attorney's charging decisions, and entering a program is itself a strategic decision your lawyer should evaluate. Learn about Florida drug court eligibility and how to get drug charges reduced.
Frequently Asked Questions About Florida Drug Charges
Is possession of a small amount of marijuana still a crime in Florida?
Yes. Despite legalization elsewhere, possessing 20 grams or less of marijuana in Florida remains a first-degree misdemeanor punishable by up to a year in jail, and possession of more than 20 grams is a felony. Some Florida cities and counties allow civil citations for small amounts, but the officer chooses whether to cite or arrest, and a medical card protects only lawfully dispensed products. Don't assume a marijuana charge will "work itself out."
What's the difference between possession and possession with intent to sell?
Intent is usually inferred from circumstances: quantity, packaging (baggies, scales), cash, and messages on your phone. The same amount of a drug can be charged as simple possession (third-degree felony for most substances) or possession with intent (second-degree felony for most substances) depending on how the State reads those circumstances, which makes the charging decision itself a key battleground. See our possession with intent to sell page.
Can drug charges be dropped if the search was illegal?
Often, yes. Drug cases live and die on the stop and the search. If the police stopped your car without reasonable suspicion, searched without valid consent or a warrant, or exceeded the scope of a lawful search, a motion to suppress can exclude the drugs from evidence, and without the drugs, the State usually cannot proceed. This is the first thing we examine in every drug case.
Will a drug conviction affect my driver's license?
Yes, Florida law directs a license revocation for any drug conviction, even when no vehicle was involved, though a hardship license is often available. This collateral consequence surprises many defendants and is one more reason to fight for an outcome that avoids a conviction.
