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Drug Charges Defense

Miami Drug Charges Defense Attorney

Florida drug charges across Miami-Dade and South Florida turn on substance, weight, and where the substance was found. Crossing a trafficking weight threshold by one gram triggers a mandatory minimum prison sentence.

Trafficking weight triggers mandatory prison. Florida Statute § 893.135 imposes 3, 7, 15, or 25-year mandatory minimums based on weight alone. Intent to sell does not need to be proven.

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35+

Years of Practice

Florida Bar member since 1989

1989

Florida Bar Licensed

University of Miami School of Law

State & Federal

Court Admission

SDFL (1991), MDFL (2001)

Boutique

Practice Model

Direct attorney involvement

Common Questions

Frequently Asked Questions

What weight triggers trafficking in Florida?+

Trafficking thresholds vary by substance under Florida Statute § 893.135. Cocaine: 28g+. Heroin/fentanyl: 4g+. Oxycodone: 7g+. Methamphetamine: 14g+. Marijuana: 25 lbs+. Crossing a threshold by even one gram triggers mandatory minimum prison sentences (3, 7, 15, or 25 years depending on weight tier) that the judge cannot reduce below the statutory floor.

What is constructive possession?+

Constructive possession is when a person does not physically hold the substance but is alleged to have control over it. To prove constructive possession, the state generally must show the person had knowledge of the substance, the ability to exercise dominion and control over it, and (in some cases) knowledge of its illegal nature. Cases involving drugs found in vehicles, homes, or shared spaces often turn on this question.

Can drug charges be dismissed if the search was illegal?+

Yes. The exclusionary rule prevents the prosecution from using evidence obtained through an unlawful search and seizure. If a motion to suppress is granted, the substance often cannot be used as evidence, and the case typically cannot proceed without it. Suppression motions are the most powerful tool in drug case defense.

Is drug court available for trafficking charges?+

Generally no. Florida drug court is a form of diversion, typically reserved for non-trafficking, non-violent drug offenses. Trafficking cases under § 893.135 carry mandatory minimums that cannot be reduced through drug court. Possession and possession with intent cases may qualify, depending on prior record and other factors.

When does a drug case become federal?+

Federal jurisdiction can attach when the alleged conduct involves interstate commerce, larger quantities, conspiracy across state lines, federal informants, controlled deliveries, or DEA investigations. The U.S. Attorney's Office can adopt cases that look like state matters when these triggers are present. Federal sentencing under 21 U.S.C. § 841 and the Federal Sentencing Guidelines is its own framework.

What is the school zone drug enhancement?+

Florida Statute § 893.13(1)(c) elevates a drug sale within 1000 feet of a school, park, daycare, college, or place of worship. The charge becomes a 1st-degree felony with a 3-year mandatory minimum prison sentence. Many parts of urban Miami-Dade fall within these zones, making this a frequent enhancement.

Can a drug charge be sealed or expunged?+

Some drug cases that resolve without a conviction may be eligible for record sealing or expungement under Florida law. Eligibility depends on the specific charge, how the case resolved, and prior record. Trafficking convictions are not eligible. Each case requires individual analysis. See our full Expungement and Record Sealing page for the precise distinction between the two options.

What is the safety valve in federal drug cases?+

The federal safety valve under 18 U.S.C. § 3553(f) allows certain non-violent drug offenders to be sentenced below the mandatory minimum if they meet specific criteria including limited criminal history, no violence or firearm use, and full cooperation with the government. The criteria are strict and the qualification analysis is fact-specific.

Florida Drug Charge Structure

Possession, Trafficking, and Federal Charges

A Florida drug arrest can be charged under three different sentencing frameworks. The framework that controls depends on substance, weight, and whether federal jurisdiction attaches. Defense work has to address all three possibilities.

FRAMEWORK 01

Possession Charges

State possession under § 893.13. Misdemeanor for marijuana under 20g. 3rd-degree felony for most other substances. Diversion options may be available for first offenders.

FRAMEWORK 02

Trafficking Mandatory Minimums

§ 893.135 trafficking weight thresholds trigger 3, 7, 15, or 25-year minimum prison sentences. The judge cannot go below the statutory floor.

FRAMEWORK 03

Federal Drug Charges

21 U.S.C. § 841 and conspiracy charges in U.S. District Court. Federal Sentencing Guidelines apply. No parole. 85% of sentence served.

Florida Statute § 893.135

Trafficking Mandatory Minimums

Florida trafficking is driven by weight alone. Crossing a weight threshold by one gram can change a 5-year exposure into a 25-year mandatory minimum the judge cannot reduce. None of these floors can be plea-bargained below the statutory minimum.

Year Minimum

Lower Tier

Cocaine 28g+, heroin 4g+, oxycodone 7g+, marijuana 25 lbs+.

Year Minimum

Middle Tier

Cocaine 200g+, heroin 14g+, oxycodone 14g+.

Year Minimum

Upper Tier

Cocaine 400g+, marijuana 10,000 lbs+.

Year Minimum

Highest Tier

Cocaine 150kg+, heroin 28g+. Highest mandatory floor.

Florida Drug Penalty Framework

Penalties Under Chapter 893

Florida drug penalties are tiered by substance schedule, weight, and intent. Trafficking weight triggers mandatory minimums under § 893.135.

Charge

Classification

Prison Exposure

Statute

Marijuana20g or less

1st-degree misdemeanor

Up to 1 year

§ 893.13(6)(b)

MarijuanaMore than 20g

3rd-degree felony

Up to 5 years

§ 893.13(6)(a)

Cocaine PossessionUnder trafficking

3rd-degree felony

Up to 5 years

§ 893.13(6)(a)

Possession With Intent to SellSchedule II

2nd-degree felony

Up to 15 years

§ 893.13(1)(a)

Trafficking Cocaine28g to 200g

1st-degree felony

3-yr min, up to 30 years MANDATORY

§ 893.135(1)(b)

Trafficking Heroin / Fentanyl4g+

1st-degree felony

3-yr min, up to 30 years MANDATORY

§ 893.135(1)(c)

Trafficking Oxycodone7g to 14g

1st-degree felony

3-yr min, up to 30 years MANDATORY

§ 893.135(1)(c)1

Sale Within 1000 ft of SchoolEnhancement

1st-degree felony

Up to 30 years 3-yr Min

§ 893.13(1)(c)

Summary of Florida Statutes Chapter 893. Penalties vary by specific substance, weight, prior record, and statutory enhancements. Trafficking mandatory minimums under § 893.135 cannot be reduced below the statutory floor.

Defense Approach

How a Drug Case Gets Defended

Drug defense work happens at the boundary lines of the case: the lawfulness of the search, the question of who possessed the substance, and the precise weight and identity of what was found. Each line is its own opportunity.

The Search

Most drug cases turn on Fourth Amendment analysis. An illegal traffic stop, an extended detention, an invalid K-9 sniff, or a defective warrant suppresses everything found afterward. Without the substance in evidence, the case typically fails. Suppression motions are the most powerful tool in drug case defense, argued as part of pretrial litigation.

Constructive Possession

Most Florida drug cases do not involve someone holding the substance in their hand. They involve drugs found in shared spaces: a vehicle with multiple occupants, a home with several people, a backpack, a glove box. The state has to prove three elements: knowledge of presence, dominion and control, and (in some cases) knowledge of illicit nature.

Mere proximity to drugs is not possession.

The Lab and the Weight

Lab analysis must confirm the substance is what the state alleges. Field tests are presumptive only. Chain of custody, analyst qualifications, and the lab report itself all become trial issues. In trafficking cases, weight literally determines the sentence. Disputing the weight, challenging packaging weight inclusion, or contesting how mixed substances are measured can drop charges below trafficking thresholds.

State vs Federal

Florida drug cases can be charged in state court, federal court, or both. Federal jurisdiction can attach when interstate elements, larger weights, or conspiracy theories are involved. The earlier the case is reviewed, the more pressure points stay open across both possibilities.

Related Defense Areas

Related Criminal Matters

Drug cases frequently overlap with other charges, especially weapons and federal jurisdiction issues.

Federal Crimes

State drug cases routinely become federal cases when interstate elements, weight thresholds, or conspiracy theories attach. No parole.

Learn More →

Weapon Charges

Drug cases involving firearms trigger Florida 10-20-Life enhancements and federal § 924(c) consecutive mandatory minimums.

Learn More →

General Criminal Defense

For cases that do not fit one charge category, are still developing, or involve overlapping issues alongside the drug allegation.

Learn More →

Theft and Fraud

Drug-related theft, prescription fraud, and healthcare fraud cases require coordinated defense across multiple charge frameworks.

Learn More →

Speak With Andre

Direct attorney access at (305) 774-7000

Drug cases turn on weight, search, and possession theory. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.

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