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Drug Trafficking

According to Fla. Stat. § 893.135, drug trafficking occurs in the state when an individual knowingly sells, purchases, manufactures, delivers or bring into the state a controlled substance, or is knowingly in actual or constructive possession of an illegal substance. Drug trafficking usually occurs when an individual delivers, brings, or imports illegal substances into or out of Florida or the nation.

Substances commonly trafficked in Florida can include any of the following, but are not limited to:

  • Cannabis, also known as Marijuana, Weed, or Pot
  • Cocaine
  • Codeine
  • GHB
  • Heroin
  • Hydrocdone
  • LSD
  • Opium
  • OxyCodone
  • Methamphetamines or Meth
  • Vicodin

Individuals can be charged with drug trafficking if they bring prescription pills from Florida to another state in a large quantity or without a valid prescription. This is currently a problem in Florida, as the state does not strictly regulate pharmacies, doctor’s offices or “pill mills.”

Drug Trafficking Attorney in Orlando

In order to receive your best possible defense to a drug trafficking charge in Orange County, it is important to hire an experienced attorney who will fight the allegations against you. The attorneys at Hale & Hale are knowledgeable in drug defense and Florida’s drug trafficking laws. To potentially avoid severe punishments, call the law office of Hale & Hale for a consultation at (407) 425-4640.


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Florida’s Drug Schedule

The Florida Comprehensive Drug Abuse Prevention and Control Act classifies controlled substances into different schedules under Fla. Stat. § 893.03. The schedules range from Schedule I, which are the drugs with the most potential for abuse and least medical use, to Schedule V, which contains the drugs with the least potential for abuse and the most medical use.

  • Schedule I drugs have the most potential for abuse and the least medical use, if any, in the United States. Examples in this schedule are marijuana, heroin, and meth.
  • Schedule II drugs have a significant potential for abuse and limited recognized medical use in the United States. Some examples of controlled substances in this category are opiates, Oxycodone and Hydrocodone.
  • Schedule III drugs have a lower potential for abuse than Schedule II drugs, and have at least some acknowledged medical use in the United States. Examples in this schedule include anabolic steroids.
  • Schedule IV drugs have a lower potential for abuse than Schedule III drugs and are frequently used for medical purposes in the United States.
  • Schedule V drugs have the least potential for abuse and are commonly used for medical purposes in the United States.

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Drug Trafficking Penalties in Florida

Florida’s drug trafficking statute (§ 893.135) defines the penalties for trafficking controlled substances, including but not limited to cocaine, meth, marijuana, GHB, illegal drugs, LSD and PCP.

A conviction for trafficking is usually a felony of the first degree with mandatory prison sentences and fines, but can also be a capital felony depending on whether death or serious bodily injured occurred as a result of the offense.

The following are the statutory penalties and punishments for some of the most commonly trafficked drugs in Florida:

Trafficking in Cocaine

  • 28 but less than 200 grams – Mandatory 3 years in prison and a fine of $50,000
  • 200 but less than 400 grams – Mandatory 7 years in prison and a fine of $100,000
  • 400 grams but less than 150 kilograms – Mandatory 15 years in prison and a fine of $250,000
  • 150 kilograms or more – Life imprisonment without the option of parole, or if a killing occurred during the commission of the offense, a capital felony

Trafficking in Illegal Drugs
Drugs in this category include morphine, opium, oxycodone, hydrocodone, and hydromorphone

  • 4 grams but less than 14 grams – Mandatory 3 years in prison and a fine of $50,000
  • 14 grams but less than 28 grams – Mandatory 15 years in prison and a fine of $100,00
  • 28 grams but less than 30 kilograms – Mandatory 25 years in prison and a fine of $500,000
  • 30 kilograms or more – Life imprisonment without the option of parole, or if a killing occurred during the commission of the offense, a capital felony
  • 60 kilograms or more – A capital felony if the alleged offender knows death of any person is the probable result of the trafficking

Trafficking in Amphetamine
Drugs in this category include methamphetamine (meth) and other amphetamines

  • 14 but less than 28 grams – Mandatory 3 years in prison and a fine of $50,000
  • 28 but less than 200 grams – Mandatory 7 years in prison and a fine of $100,000
  • 200 grams or more – Mandatory 15 years in prison a fine of $250,000
  • 400 grams or more – A capital felony if the alleged offender knows death of any person is the probable result of the trafficking

Trafficking in Gamma-hydroxybutyric Acid (GHB)

  • 1 but less than 5 kilograms – Mandatory 3 years in prison and a fine of $50,000
  • 5 but less than 10 kilograms – Mandatory 7 years in prison and a fine of $100,000
  • 10 kilograms or more – Mandatory 15 years in prison and a fine of $250,000
  • 150 kilograms or more – A capital felony if the alleged offender knows death of any person is the probable result of the trafficking

Trafficking in Lysergic Acid Diethylamide (LSD)

  • 1 but less than 5 grams – Mandatory 3 years in prison and a fine of $50,000
  • 5 but less than 7 grams – Mandatory 7 years in prison and a fine of $100,000
  • 7 grams or more – Mandatory 15 years in prison and a fine of $250,000
  • 7 grams or more – A capital felony if the alleged offender knows death of any person is the probable result of the trafficking

The preceding penalties are the mandatory prison sentences, but a convicted individual can be given the maximum prison term for a felony in the first degree, which is up to 30 years or life imprisonment.

A capital felony can result in a death sentence, or life imprisonment without the possibility of parole, in addition to payment of the maximum fine for the substance trafficked.


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Federal Penalties for Drug Trafficking

Individuals can also be charged with federal trafficking charges under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.). Anyone who manufactures, imports, distributes or traffics controlled substances with the intent to sell the substances either across state borders, throughout the state, from Florida into a foreign county, or from a foreign country into Florida can be charged with a federal drug offense.

Federal drug trafficking penalties vary, depending on which schedule the controlled substance is in, the amount of the drug trafficked, whether the individual had prior convictions, and whether death or serious bodily injury occurred in the commission of the offense.


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Hale & Hale, P.A. | Orlando Drug Trafficking Attorney

Contact the attorneys at Hale & Hale, P.A. to discuss the facts of your drug charges in Orange County, Florida, and the surrounding areas of Seminole County, Osceola County, Winter Park and Kissimmee. An experienced Orlando drug defense lawyer will make every effort to help you avoid the harshest punishments and penalties for your drug trafficking offense. Contact Hale & Hale, P.A. at (407) 425-4640 for a consultation about your drug crime in Orlando, Florida.