In the state of Florida, drug trafficking is prosecuted aggressively and penalized severely. Drug trafficking laws have made it illegal to sell, transport, or illegally import unlawful controlled substances. In fact, an individual may be charged with drug trafficking even if they were just found to be in possession of a significant amount of drugs. Being convicted of this felony offense will typically result in a mandatory minimum prison sentence; however, it is not uncommon for defendants to receive life in prison for trafficking or possessing large quantities of drugs.
You can be charged with drug trafficking if you are found in possession of at least:
At Jeffrey S. Weiner, P.A., our Miami drug trafficking attorneys have over 50 years of experience in this complicated area of law. We can help you make well-informed choices about your future as we navigate you through the criminal proceedings. Our legal team can protect your rights and fight aggressively for your best interests. As your representative we will work relentlessly to challenge the evidence against you and pursue the most favorable outcome available in your case.
Call Jeffrey S. Weiner, P.A. today at (305) 670-9919 or contact us online to schedule your free consultation with our attorneys.
Our attorneys have tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court. Wherever your case stands right now, we've likely stood there before — with a client's freedom on the line.
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Miami-Dade County is one of the busiest drug transportation and import corridors in the country, and that means many trafficking investigations here involve more than one law enforcement agency. A case that starts with a local police department can be picked up by the Drug Enforcement Administration or the Federal Bureau of Investigation and refiled as a federal charge in the United States District Court for the Southern District of Florida. Federal trafficking charges carry their own mandatory minimums and are prosecuted separately from state charges.
Felony drug trafficking cases charged at the state level in Miami-Dade County are heard at the Richard E. Gerstein Justice Building. If you are unsure whether your case is being investigated at the state or federal level, that distinction changes your defense strategy.
Florida Statute 893.135 sets a different weight threshold for every controlled substance, and the mandatory minimum sentence increases automatically once you cross into a higher weight tier. A judge cannot go below these minimums unless the state attorney agrees to a substantial assistance reduction or a narrow statutory exception applies.
Because these charges are based on weight alone, you do not need to have sold, delivered, or intended to distribute anything to be charged with trafficking. Prosecutors only need to prove you knowingly possessed a quantity at or above the threshold.
Fentanyl cases are now among the most aggressively prosecuted trafficking charges in Miami-Dade County. Under Florida law, a person can face a first-degree felony trafficking charge for possessing as little as 4 grams of fentanyl or a fentanyl analog, whether or not they knew the substance contained fentanyl. Convictions carry mandatory prison time.
In 2025, Florida lawmakers passed Senate Bill 612, which took effect July 1, 2025, and allows prosecutors to charge a minor with murder if fentanyl or a fentanyl analog the minor distributed caused, or was a substantial factor in causing, another person’s death.
A trafficking conviction in Florida does not stop at prison and fines. Under Florida Statute 893.11, a conviction for the sale of or trafficking in a controlled substance triggers an emergency suspension of any Florida professional license you hold, including licenses for medicine, law, real estate, nursing, and financial services. Florida Statute 322.055 also requires a driver’s license suspension upon a trafficking conviction. For non-citizens, a trafficking conviction can trigger deportation proceedings regardless of immigration status.
These consequences are often more damaging long-term than the sentence itself, and they should shape your defense strategy from day one.
There is a wide variety of effective defenses to drug trafficking charges, including evidence suppression, the entrapment defense, youthful offender sentencing, and substantial assistance.
Florida law also allows a judge to depart from a mandatory minimum sentence if the defendant had a minor role in the offense, has no significant prior criminal record, and did not use violence or possess a firearm during the offense.
When facing drug trafficking charges, it is crucial to have a skilled and knowledgeable attorney on your side to protect your rights and advocate for your best interests. At Jeffrey S. Weiner, P.A., our team of Miami drug trafficking attorneys has extensive experience defending clients against a wide range of drug-related offenses.
Our Miami drug trafficking attorneys understand the complexities of drug trafficking laws in Florida and will work tirelessly to build a strong defense strategy tailored to your specific case. We will thoroughly investigate the circumstances surrounding your charges, challenge any evidence against you, and fight to secure the best possible outcome for your situation.
With our dedicated legal representation, you can trust that your case is in capable hands and that we will work tirelessly to help you navigate the legal process and achieve the results you need.
Jeff Weiner has practiced criminal defense in Miami for more than 50 years and is Board Certified in Criminal Trial Law by the National Board of Trial Advocacy, a credential held by a small percentage of Florida attorneys. He served as President of the National Association of Criminal Defense Lawyers and received NACDL’s Robert C. Heeney Award, given each year to one criminal defense attorney in the country.
Jeff also brings a perspective few criminal defense attorneys have: he served as a Research Fellow at Harvard Medical School’s Center for Addiction Studies and sat on the editorial board of Harvard Medical School’s Drug Research Report, giving him a working understanding of addiction and drug pharmacology that can matter in weight, purity, and knowledge disputes in trafficking cases. Learn more about Jeffrey S. Weiner’s background.
Call Jeffrey S. Weiner, P.A. today at (305) 670-9919 or contact us online to schedule your free consultation with our attorneys.
Serving Criminal Defense Clients for Over 50 Years
Yes. Under Florida law, possessing a controlled substance at or above the statutory weight is enough for a trafficking charge, even without proof of a sale. This is because Florida’s trafficking statute is triggered by “constructive possession,” meaning prosecutors can charge you even if the drugs were found in a car, home, or storage unit you had access to, not just items found on your person. Many people are surprised to learn that a passenger in a vehicle, a roommate, or someone holding a package for a friend can face the same trafficking exposure as the person who actually owned the drugs.
No. Trafficking can be charged at the state level under Florida Statute 893.135 or at the federal level under federal drug law, depending on which agency investigates the case. In practice, federal prosecutors generally only take over a case when it involves interstate or international transportation, unusually large quantities, or multiple defendants across state lines. State and federal authorities coordinate closely in South Florida because of Miami’s role as a transportation hub, so it is common for a case to begin as a state investigation and later be adopted federally, or for the two to run in parallel.
Florida trafficking convictions carry mandatory minimum prison sentences that a judge cannot waive, except through a substantial assistance agreement or a narrow statutory exception.
The mandatory minimum only applies once you are convicted of the trafficking charge itself, whether by trial or by plea. Our attorneys work to get the charge reduced to simple possession or another offense that does not carry a mandatory minimum, rather than risk a mandatory sentence that a judge has no power to lower.
Substantial assistance is an agreement under Florida law where a defendant cooperates with law enforcement in exchange for a sentence below the mandatory minimum.
Only the state attorney can offer a substantial assistance agreement, and a defendant cannot demand one as a right. The process typically requires cooperating with law enforcement, which can include providing information, testifying, or assisting in an ongoing investigation. Even after cooperation, the final decision on how much the sentence is reduced rests with the judge, not the prosecutor.
A conviction can trigger an emergency suspension of a Florida professional license under Florida Statute 893.11.
This consequence is triggered by a conviction, not merely an arrest or a pending charge. That said, some licensing boards, particularly in medicine, law, and finance, require licensees to self-report an arrest within a set number of days under their own professional conduct rules, separate from the automatic suspension that follows a conviction. Because the reporting deadlines and consequences vary by profession, it is important to talk to your attorney about your specific license before you take any action.
No. Florida law uses the total weight of the mixture, including cutting agents or pill fillers, not just the pure drug content.
Because the total mixture weight controls the charge, the crime lab’s testing methodology and chain of custody become important points a defense attorney can challenge, especially when the weight found is close to a statutory threshold. An independent retest of the substance can sometimes show the actual weight falls below the trafficking amount, which can reduce the charge to simple possession.
Say nothing about the allegations and contact a criminal defense attorney before answering any questions.
You have the right to remain silent and the right to an attorney, and both apply whether you are approached at home, at work, or during a traffic stop. Do not consent to a search of your car, home, phone, or belongings without a warrant, and do not sign any documents agents present to you. Politely ask whether you are free to leave, and if you are not under arrest, you are generally not required to continue the conversation.
Arrest records, booking photos, and court case dockets are public record in Florida under the state’s public records law, so a trafficking charge is not confidential once you are arrested. Employers running background checks, professional licensing boards, and immigration authorities can all see an arrest and any resulting case activity, and third-party websites sometimes republish mugshots. If your case is dismissed or resolved favorably, Florida law allows certain arrest records to be sealed or expunged, though this process has specific eligibility rules and does not apply to convictions. We talk through what will and will not become part of your public record early in every case so there are no surprises later.
Immediately. Early involvement can affect bond, search and seizure challenges, and whether the case stays at the state level or is picked up federally.
In Miami-Dade County, a first appearance and bond hearing typically happens within 24 hours of arrest, and trafficking charges often come with a Nebbia hold, which requires you to prove the source of any money used to post bail before you can be released. An attorney involved before that hearing can gather the documentation needed to satisfy a Nebbia hold and argue for a reasonable bond amount.
Every hour matters in a trafficking investigation. The sooner our office is involved, the more options we have to challenge the case before charges are even filed.
If you are facing criminal charges or under investigation in South Florida, do not wait. Call Jeffrey S. Weiner, P.A. at (305) 670-9919 — available 24 hours a day, 7 days a week. Free initial consultations. All communications are confidential.
You may call our office 24 hours a day, 7 days a week. We are always ready to consult with you, whether
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