A Florida Drug Crimes Defense Attorney Explains State and Federal Trafficking Laws, Penalties, and How the New Court Decision Can Protect Your Rights
Being accused of drug trafficking is frightening, whether you are facing state or federal prosecutors. The penalties can include decades in prison, massive fines, and a felony record that follows you for life. The stakes are so high that every detail in your case matters. Recently, Florida appellate courts have made a critical change in how searches are evaluated: Florida police can no longer search your car based solely on the smell of marijuana. This ruling undercuts a long-standing practice used by law enforcement to justify countless vehicle searches.
For years, officers claimed that cannabis odor alone gave them probable cause to open car doors, search trunks, and seize property. But with the legalization of medical marijuana and hemp, Florida courts have recognized that smell alone is not automatically proof of a crime. As your defense attorney, I use these new rulings to challenge unlawful searches, suppress evidence, and push prosecutors toward dismissals or reductions. As a Florida Drug Crimes Defense Attorney, I fight aggressively to protect your rights from the moment charges are filed.
Florida’s Drug Trafficking Law – Florida Statute § 893.135
Florida takes a strict stance on drug trafficking. Importantly, “trafficking” does not always mean transporting drugs across state or national borders. Under § 893.135, trafficking occurs whenever a person knowingly sells, purchases, manufactures, delivers, brings into the state, or even possesses more than a threshold amount of drugs.
The statute provides:
“Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of the specified weight of a controlled substance, commits a felony of the first degree, which felony shall be known as ‘trafficking in controlled substances.’”
Penalties are based on the type and weight of the substance:
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Cocaine: 28 grams or more results in a mandatory minimum of 3 years, with sentences escalating up to 25 years or more.
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Heroin or other opiates: 4 grams or more leads to mandatory prison time, ranging from 3 to 25 years.
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Methamphetamine: 14 grams or more results in mandatory sentencing.
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Cannabis: 25 pounds or more, or 300 plants, qualifies as trafficking, with harsh fines and prison terms.
Judges are required to impose these mandatory minimums unless the case is reduced. This is why early defense work and aggressive motions are critical.
Federal Drug Trafficking Law – 21 U.S.C. § 841
Federal prosecutors often pursue large-scale cases, especially those involving interstate activity, conspiracy allegations, or international importation. The federal Controlled Substances Act at 21 U.S.C. § 841(a) states:
“Except as authorized, it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”
Federal penalties are among the toughest in the justice system. Examples include:
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500 grams of cocaine or more: 5 to 40 years in prison.
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1 kilogram of heroin or more: 10 years to life.
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50 grams of methamphetamine or more: 10 years to life.
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40 grams of fentanyl or more: 5 to 40 years.
Sentences are further influenced by prior convictions, use of firearms, or allegations of conspiracy. In federal court, prosecutors rely on wiretaps, surveillance, confidential informants, and laboratory testing. Without strong legal representation, you face overwhelming odds.
Why the New Marijuana Odor Ruling Matters
The appellate court ruling that the odor of cannabis cannot alone justify a vehicle search is a game-changer for drug crime defenses. Judges now require that odor be considered only as one factor among many under a “totality of circumstances” test. This means that if you were stopped and searched based on smell alone, the search may be illegal. If a court suppresses that evidence, prosecutors may have little or no case left.
As your private attorney, I immediately evaluate whether odor-based probable cause was part of the stop. If it was, I file suppression motions that can lead to a dismissal or reduction of charges. This is a defense strategy that public defenders with heavy caseloads often cannot pursue with the same intensity.
Real Case Example – Suppression of Evidence
I represented a client in Miami who was arrested after officers stopped him and claimed they smelled marijuana. They searched his SUV and found thousands of prescription pills in the back seat. Prosecutors charged him under Florida Statute § 893.135 with trafficking in oxycodone, and the DEA considered taking the case federally.
We fought the stop aggressively. I argued that odor alone was not sufficient probable cause under the new ruling and that no other suspicious behavior justified the search. The court agreed, suppressed the evidence, and the state dismissed the trafficking charges. With the evidence gone, the federal case never materialized. My client walked away without a felony record.
Defenses to Drug Trafficking Charges
Every case is unique, but the following defenses are often available:
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Illegal Search and Seizure – If the police violated the Fourth Amendment, the evidence may be excluded.
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Lack of Possession – Prosecutors must prove you had actual or constructive control over the drugs.
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Weight Disputes – Laboratory testing errors or packaging weight may drop the case below trafficking thresholds.
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Entrapment – If government agents induced you to commit a crime you would not otherwise have committed, the case can be challenged.
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Prescription Defense – A valid prescription or lawful authorization may defeat certain charges.
Florida Drug Crimes Defense Attorney – Frequently Asked Questions
What is the difference between Florida trafficking charges and federal trafficking charges?
Florida charges come from § 893.135 and are triggered by specific weight thresholds. Federal charges under 21 U.S.C. § 841 usually involve larger quantities, cross-state conduct, or DEA investigations. Federal sentences are typically longer, and cases often involve conspiracy allegations. A Florida Drug Crimes Defense Attorney can handle both state and federal cases.
Can I be charged by both the state and federal government?
Yes. Because they are separate systems, both can file charges for the same conduct. Often, they coordinate to decide which prosecution will move forward. Having an attorney who understands both systems is crucial for protecting your rights.
How does the marijuana odor ruling affect trafficking cases?
If the search that led to your arrest was based only on marijuana odor, that search may now be illegal. Suppressing that evidence could mean the entire case falls apart. This new ruling is a vital defense tool.
What mandatory minimum sentences apply in Florida?
Depending on the drug and amount, mandatory minimums start at 3 years and can go up to 25 years. Judges have no discretion to go below those penalties unless certain legal exceptions apply.
Do federal drug cases always go to trial?
No. Many resolve through plea agreements, but the outcome often depends on how much pressure your attorney can apply with suppression motions and challenges to evidence. A strong defense improves your negotiating position.
What is constructive possession?
Constructive possession means drugs were in a place you could access, such as the trunk of a car or a shared house. Prosecutors must prove you knew the drugs were there and had the ability to control them. That is often difficult to prove.
Can trafficking charges ever be reduced to possession?
Yes. If suppression motions succeed, or if the weight is challenged and falls below the statutory threshold, trafficking charges may be reduced to possession or dismissed.
How do mandatory minimums affect sentencing?
They lock judges into certain punishments, making early defense strategies and charge reductions vital. Once you are convicted of trafficking, judges cannot go below the statutory minimums.
Can cooperating with authorities reduce penalties?
Both state and federal prosecutors may offer reduced penalties for “substantial assistance.” However, this is risky and requires careful discussion with your attorney to avoid further legal exposure.
Why is hiring a private Florida Drug Crimes Defense Attorney important?
Drug trafficking charges are some of the most serious cases in the justice system. Prosecutors bring their strongest evidence, and without focused representation, you risk spending decades in prison. A private attorney can dedicate the time, resources, and strategy needed to challenge every part of the case.
Call Our Florida Drug Trafficking Defense Attorney
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation - Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.