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Drug Trafficking

Contrary to popular belief, drug trafficking charges are not dependent on controlled substances being moved. State and federal trafficking offenses are usually based more on the weight of the illegal drugs involved.

Trafficking charges are among the most serious of all drug crimes, as convictions can result in extremely steep sentences that often involve mandatory minimum terms of imprisonment. Prosecutors do not have to prove alleged offenders were necessarily dealing drugs, only that they knowingly possessed a certain amount or more of a controlled substance.

Lawyer for Drug Trafficking Crimes in Miami-Dade County, Florida

Do you think that you might be under investigation or were you already arrested for alleged drug trafficking in Florida? You should not say anything to authorities without first contacting The Hoffman Firm.

Evan A. Hoffman is an experienced criminal defense attorney in Miami who aggressively defends clients charged with drug crimes in Coral Gables, Opa-locka, South Miami, Key Biscayne, and many surrounding areas in Miami-Dade County. Call (305) 249-0090 right now to take advantage of a free, confidential consultation that will let our lawyer review your case and discuss your legal options.


Overview of Drug Trafficking Arrests in North Miami


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Florida Drug Trafficking Penalties

Under Florida Statute § 893.135, a person can be charged with trafficking if he or she knowingly is knowingly in actual or constructive possession of or sells, purchases, manufactures, delivers, or brings into Florida any of the following amounts of an illegal drug:

Controlled Substance

Amount

Fine

Prison Sentence

Amphetamine, methamphetamine, any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine

14 grams or more, but less than 28 grams

$50,000

Minimum of three years up to 30 years in prison

28 grams or more, but less than 200 grams

$100,000

Minimum of seven years up to 30 years in prison

200 grams or more

$250,000

Minimum of 15 years up to 30 years in prison

Cannabis

More than 25 pounds, but less than 2,000 pounds
—or—
300 or more cannabis plants, but not more than 2,000 cannabis plants

$25,000

Minimum of three years up to 30 years in prison

2,000 pounds or more, but less than 10,000 pounds
—or—
2,000 or more cannabis plants, but not more than 10,000 cannabis plants

$50,000

Minimum of seven years up to 30 years in prison

10,000 pounds or more
—or—
10,000 or more cannabis plants

$200,000

Minimum of 15 years up to 30 years in prison

Cocaine

28 grams or more, but less than 200 grams

$50,000

Minimum of three years up to 30 years in prison

200 grams or more, but less than 400 grams

$100,000

Minimum of seven years up to 30 years in prison

400 grams or more, but less than 150 kilograms

$250,000

Minimum of 15 years up to 30 years in prison

150 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Flunitrazepam or any mixture containing flunitrazepam

4 grams or more but less than 14 grams

$50,000

Minimum of three years up to 30 years in prison

14 grams or more but less than 28 grams

$100,000

Minimum of seven years up to 30 years in prison

28 grams or more but less than 30 kilograms

$500,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Gamma-hydroxybutyric acid (GHB)

1 kilogram or more but less than 5 kilograms

$50,000

Minimum of three years up to 30 years in prison

5 kilograms or more but less than 10 kilograms

$100,000

Minimum of seven years up to 30 years in prison

10 kilograms or more

$250,000

Minimum of 15 years up to 30 years in prison

Hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof

14 grams or more, but less than 28 grams

$50,000

Minimum of three years up to 30 years in prison

28 grams or more, but less than 50 grams

$100,000

Minimum of seven years up to 30 years in prison

50 grams or more, but less than 200 grams

$500,000

Minimum of 15 years up to 30 years in prison

200 grams or more, but less than 30 kilograms

$750,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Lysergic acid diethylamide (LSD)

1 gram or more, but less than 5 grams

$50,000

Minimum of three years up to 30 years in prison

5 grams or more, but less than 7 grams

$100,000

Minimum of seven years up to 30 years in prison

7 grams or more

$500,000

Minimum of 15 years up to 30 years in prison

Methaqualone (Quaalude) or any mixture containing methaqualone

200 grams or more, but less than 5 kilograms

$50,000

Minimum of three years up to 30 years in prison

5 kilograms or more, but less than 25 kilograms

$100,000

Minimum of seven years up to 30 years in prison

25 kilograms or more

$250,000

Minimum of 15 years up to 30 years in prison

Morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin

4 grams or more, but less than 14 grams

$50,000

Minimum of three years up to 30 years in prison

14 grams or more, but less than 28 grams

$100,000

Minimum of 15 years up to 30 years in prison

28 grams or more, but less than 30 kilograms

$500,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof

7 grams or more, but less than 14 grams

$50,000

Minimum of three years up to 30 years in prison

14 grams or more, but less than 25 grams

$100,000

Minimum of seven years up to 30 years in prison

25 grams or more, but less than 100 grams

$500,000

Minimum of 15 years up to 30 years in prison

100 grams or more, but less than 30 kilograms

$750,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Phencyclidine (PCP) or any mixture containing PCP

28 grams or more, but less than 200 grams

$50,000

Minimum of three years up to 30 years in prison

200 grams or more, but less than 400 grams

$100,000

Minimum of seven years up to 30 years in prison

400 grams or more

$250,000

Minimum of 15 years up to 30 years in prison


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Federal Drug Trafficking Penalties

If a controlled substance is distributed, imported, or exported across state lines, an alleged offender may face federal charges. Federal trafficking charges are based on the Controlled Substances Act (CSA) and can involve penalties that are even more serious than state charges in Florida.

The possible penalties for convictions in federal drug trafficking cases include:

Controlled Substance

Amount

Fine

Prison Sentence

Cocaine

500-4,999 grams

First Offense: Mandatory minimum five year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $5 million for individuals, $25 million for non-individuals.

Second Offense: Up to $8 million for individuals, $50 million for non-individuals.

Cocaine base

28-279 grams

Fentanyl

40-399 grams

Fentanyl analogue

10-99 grams

Heroin

100-999 grams

LSD

1-9 grams

Pure methamphetamine

5-49 grams

Methamphetamine mixture

50-499 grams

Pure PCP

10-99 grams

PCP mixture

100-999 grams

Cocaine

5 kilograms or more

First Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 20 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

Third or Subsequent Offense: Life in prison.

First Offense: Up to $10 million for individuals, $50 million for non-individuals.

Second Offense: Up to $20 million for individuals, $75 million for non-individuals.

Third or Subsequent Offense: Up to $20 million for individuals, $75 million for non-individuals.

Cocaine base

280 grams or more

Fentanyl

400 grams or more

Fentanyl analogue

100 grams or more

Heroin

1 kilogram or more

LSD

10 grams or more

Pure methamphetamine

50 grams or more

Methamphetamine mixture

500 grams or more

Pure PCP

100 grams or more

PCP mixture

1 kilogram or more

Other Schedule I and Schedule II Substances

Any amount

First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.

First Offense: Up to $1 million for individuals, $5 million for non-individuals.

Second Offense: Up to $2 million for individuals, $10 million for non-individuals.

Any drug product containing gamma-Hydroxybutyric acid (GHB)

Any amount

Flunitrazepam

1 gram or more

Marijuana

Less than 50 kilograms marijuana (Not including 50 or more marijuana plants, regardless of  weight), or 1 to 49 marijuana plants

First Offense: Up to five years in prison.

Second Offense: Up to 10 years in prison.

First Offense: Up to $250,000 for individuals, $1 million for non-individuals.

Second Offense: Up to $500,000 for individuals, $2 million for non-individuals.

Hashish

10 kilograms or less

Hashish Oil

1 kilogram or less

Marijuana

50 to 99 kilograms marijuana mixture, or 50 to 99 marijuana plants

First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, life imprisonment.

First Offense: Up to $1 million for individuals, $5 million for non-individuals.

Second Offense: Up to $2 million for individuals, $10 million for non-individuals.

Hashish

More than 10 kilograms

Hashish Oil

More than 1 kilogram

Marijuana

100 to 999 kilograms marijuana mixture, or 100 to 999 marijuana  plants

First Offense: Mandatory minimum five year sentence up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $5 million for individuals, $25 million for non-individuals.

Second Offense: Up to $8 million for individuals, $50 million for non-individuals.

Marijuana

1,000 kilograms or more marijuana mixture, or 1,000 or more marijuana plants

First Offense: Mandatory minimum 10 year sentence up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 year sentence up to life in prison.

Second Offense: Mandatory minimum 20 year sentence up to life in prison. If case involves death or serious bodily injury, life sentence.

First Offense: Up to $10 million for individuals, $50 million for non-individuals.

Second Offense: Up to $20 million for individuals, $75 million for non-individuals.

Other Schedule III Drugs

Any amount

First Offense: Up to 10 years in prison. If case involves death or serious bodily injury, up to 15 years in prison.

Second Offense: Up to 20 years in prison. If case involves death or serious bodily injury, up to 30 years in prison.

First Offense: Up to $500,000 for individuals, $2.5 million for non-individuals.

Second Offense: Up to $1 million for individuals, $5 million for non-individuals.

All other Schedule IV Drugs (other than one gram or more of Flunitrazepam)

Any amount

First Offense: Up to five years in prison.

Second Offense: Up to 10 years in prison.

First Offense: Up to $250,000 for individuals, $1 million for non-individuals.

Second Offense: Up to $500,000 for individuals, $2 million for non-individuals.

All Schedule V Drugs

Any amount

First Offense: Up to one year in prison.

Second Offense: Up to four years in prison.

First Offense: Up to $100,000 for individuals, $250,000 for non-individuals.

Second Offense: Up to $200,000 for individuals, $500,000 for non-individuals.


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Florida Drug Trafficking Resources

Florida Standard Jury Instructions | Chapter 25: Drug Abuse & Contraband in Facilities — On this website, you can view the full text of jury instructions given to Florida juries in cases involving trafficking in cannabis, cocaine, phencyclidine, methaqualone, morphine, opium, oxycodone, hydrocodone, hydromorphone, heroin, or other specific alleged substances. While standard jury instructions are often customized for the specific aspects of a certain case and are rarely used verbatim, they still offer a useful glimpse into the factors that juries take into consideration during these cases. In addition to accepted defenses, the instructions also outline what juries may and may not infer.

South Florida High Intensity Drug Trafficking Area | United States Department of Justice (DOJ) — The National Drug Intelligence Center (NDIC) was a component of the DOJ that was created in 1993 but closed in 2012. In 2011, the NDIC produced this report that found several issues relating to the South Florida High Intensity Drug Trafficking Area (HIDTA) region. You can learn more about the different kinds of drug seizures, substance abuse treatment admissions, and other analysis in this report.


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The Hoffman Firm | Drug Trafficking Lawyer in Miami, FL

If you were arrested or you believe that you could be under investigation for alleged trafficking of any kind of a controlled substance in Florida, do not make any kind of statement to authorities without legal representation. The Hoffman Firm can fight to get controlled substance charges significantly reduced or completely dismissed.

Miami criminal defense attorney Evan A. Hoffman is a former Assistant State Attorney who helps clients in Aventura, Hialeah, North Miami, Miami Beach, and several other nearby areas in Miami-Dade County. He will provide an honest and thorough evaluation of your case as soon as you call (305) 249-0090 or fill out an online contact form to set up a free consultation.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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