What Are the Sentences for Drugs in Florida?

January 17, 2025

Florida's drug laws are some of the strictest in the United States. Trafficking minimum mandatory sentences usually exceed the penalties established under the Federal Sentencing Guidelines. Understanding the potential sentences for drug-related offenses, especially in trafficking cases, is critical. Penalties for possession, possession with intent to sell, and sale will not result in incarceration unless the defendant has a prior criminal history. All trafficking cases carry a prison sentence. However, an experienced Miami criminal lawyer can often avoid incarceration for their clients. Remember, the facts and circumstances are different in every case. This blog will explore what the sentences for drugs in Florida are, highlighting the varying degrees of severity based on the type of drug, the amount, and the nature of the offense.

Drug Classifications in Florida

Florida law categorizes drugs into different schedules based on their potential for abuse and medical use:

• Schedule I: Drugs with a high potential for abuse and no accepted medical use (e.g., heroin, LSD).


• Schedule II: Drugs with a high potential for abuse but with some accepted medical use (e.g., cocaine, methamphetamine).


• Schedule III-IV: Drugs with a lower potential for abuse and accepted medical use (e.g., anabolic steroids, prescription medications).


• Schedule V: Drugs with the lowest potential for abuse (e.g., certain cough preparations containing codeine).

Possession of Controlled Substances

Possession charges in Florida vary significantly depending on the type and amount of the drug:

• Marijuana: Possession of less than 20 grams is a misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Possession of more than 20 grams is a felony, carrying up to 5 years in prison and a $5,000 fine.


• Cocaine: Possession of any amount is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.


• Heroin: Possession of any amount is a third-degree felony, with similar penalties as cocaine.


• Prescription Drugs (without a prescription): Possession of prescription medications like oxycodone or Xanax without a valid prescription can result in a third-degree felony charge. The offense will be charged as possession of a controlled substance.

Drug Trafficking

Drug trafficking involves the sale, distribution, or transportation of large amounts of controlled substances. Only the wright of the controlled substance matters. Trafficking does not require that money be involved in the fact pattern. The penalties for trafficking are significantly harsher and depend on the type and quantity of the drug:

• Marijuana: Trafficking between 25 and 2,000 pounds can result in a minimum mandatory sentence of 3 years and a fine of $25,000.


• Cocaine: Trafficking between 28 and 200 grams carries a minimum mandatory sentence of 3 years and a $50,000 fine.


• Heroin: Trafficking between 4 and 14 grams results in a minimum mandatory sentence of 3 years and a $50,000 fine.


• Methamphetamine: Trafficking between 14 and 28 grams leads to a minimum mandatory sentence of 3 years and a $50,000 fine.

Higher quantities of drugs result in longer mandatory minimum sentences and higher fines. Possession of more than 28 grams of Fentanyl carries a 25 year minimum mandatory. Fentanyl trafficking is a serious problem and those charged with this offense face the strictest of trafficking penalties.  

Drug Distribution and Sale

Selling or distributing drugs in Florida is a felony offense, with penalties varying based on the drug type and amount:

• Marijuana: Selling less than 25 pounds is a third-degree felony, with penalties up to 5 years in prison and a $5,000 fine.


• Cocaine/Heroin: Selling any amount is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.

If the sale occurs near schools or places of worship, the penalties can be enhanced.

Penalties for First-Time Offenders vs. Repeat Offenders

Florida takes repeat offenses seriously. First-time offenders might be eligible for alternative sentencing options like drug court or probation, which focus on rehabilitation. However, repeat offenders face enhanced penalties, including longer prison sentences and higher fines.

Factors Affecting Sentencing
Several factors influence the sentencing of drug-related offenses in Florida:

• Amount of the Drug: Larger quantities typically result in harsher penalties.


• Type of Drug: Schedule I and II drugs carry more severe penalties.


• Location: Drug offenses committed near schools, parks, or places of worship may result in enhanced penalties.


• Criminal History: Prior convictions can lead to more severe sentences.

Legal Defenses to Drug Charges

If you're facing drug charges in Florida, several legal defenses might be applicable, such as:

• Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights, any evidence obtained might be inadmissible in court.
  
  
• Lack of Knowledge: If you were unaware that you were in possession of illegal drugs, this could be a defense.


• Entrapment: If you were coerced into committing a drug offense by law enforcement, this might be a viable defense.

Understanding what the sentences for drugs in Florida are is essential for anyone charged with a drug offense. The penalties are severe, but with the right legal defense, it is possible to mitigate the consequences.


At Donet, McMillan & Trontz, P.A., we are committed to defending our clients against drug charges. Our experienced attorneys will thoroughly review your case, identify any potential defenses, and fight for the best possible outcome. If you or a loved one is facing drug charges, contact us at (305) 444-0030 for a confidential consultation. Let us provide the expert legal representation you need during this challenging time.