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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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Client Reviews
★★★★★
"I found myself in an unfortunate situation. A fried gave me Evan' s personal number and we spoke for over an hour. I felt so reassured and grateful for his time. Needless to say I write this review with great pleasure. A call to thank evan would not be justified as I want anyone who ever finds themselves in my situation to know who to call. Thank you evan I cannot say enough good things about you." Alexander
★★★★★
Mr. Hoffman was able to get my offenses reduces to a lesser degree. His fees are one of the lowest that I could find for the type of representation that I required. If I ever need to be represented by an attorney I would surely use Mr. Hoffman again. C. Wright
★★★★★
“HE’S THE BEST!!” If I could give a 10 stars I would. Very professional, kind and understanding. Very prompt in returning my phone calls and updating me on everything. He provided his cell phone number in case I had any question or concerns. I RECOMMEND HIM. He takes his time with you and makes sure you understand STEP BY STEP. So GLAD I picked him. GOT HIM ON SPEED DIAL. Hopefully this helps someone in knowing that they will not be wasting their money. Claudia