Serious Charges Demand Serious Defense — We Fight for Reduced Charges, Dismissals, and Your Freedom

 

As a Florida Fentanyl Trafficking Defense Attorney, I’ve seen firsthand how fentanyl trafficking charges can destroy a person’s life. These charges carry some of the harshest penalties under Florida law, even when the person charged had no intent to sell, distribute, or even harm anyone. Florida courts don’t show leniency in these cases, but that doesn’t mean you’re without options.

I’ve defended people from all walks of life — parents, nurses, truck drivers, college students — who found themselves facing decades in prison because they were caught with even a small amount of fentanyl. If you’re in this situation, I want you to know that there’s hope. I build custom defenses designed to challenge the State’s case at every stage and push for charge reductions, alternative sentencing, or full dismissal wherever possible.

Let’s look at the law, the penalties, what defenses you may have, and why hiring a private defense attorney is your best move if you want to protect your future.

Florida's Fentanyl Trafficking Law

Florida Statute § 893.135(1)(c) governs trafficking in fentanyl and related substances. This statute imposes mandatory minimum prison sentences and staggering fines based solely on the weight of the substance, not the defendant’s intent.

Here’s the relevant part of the law:

Florida Statute § 893.135(1)(c):

“Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any mixture containing fentanyl or any fentanyl-related compound, commits a felony of the first degree, known as ‘trafficking in fentanyl.’”

This statute covers fentanyl and its analogs, including carfentanil, sufentanil, and alfentanil. It applies even if the fentanyl is cut into a larger mixture — the entire weight is counted.

Mandatory Minimums Based on Weight:

  • 4 to 14 grams: Minimum 3 years in prison, $50,000 fine

  • 14 to 28 grams: Minimum 15 years in prison, $100,000 fine

  • 28 grams or more: Minimum 25 years in prison, $500,000 fine

These are mandatory minimum sentences. Judges cannot go lower unless certain rare exceptions apply.

Why the Charges Often Don’t Match the Reality

In many cases, people are charged based on the total weight of a substance that contains trace fentanyl. For example, a bag of pills or powder may weigh 30 grams, but the fentanyl content may be less than a fraction of a gram. Florida law doesn’t care. If the total weight is over the threshold, you face the mandatory trafficking penalties.

This is why so many people facing fentanyl trafficking charges aren’t kingpins or dealers — they’re users, addicts, or people who were in the wrong place at the wrong time.

Real Case Example: Charges Dismissed

One of my clients was a young man arrested in Central Florida with just over 4 grams of a powdery substance that police said tested positive for fentanyl. He was charged with fentanyl trafficking and held without bond.

After reviewing the evidence, we challenged the State’s lab results, filed motions to exclude the stop and search due to a lack of probable cause, and demanded the state disclose the exact composition of the sample. It turned out the field test was a false positive, and the lab couldn’t confirm fentanyl content over the threshold. The State dropped the trafficking charge, and my client walked out of jail.

Every case has cracks. My job is to find them.

Common Defenses to Fentanyl Trafficking in Florida

When you hire me, I get to work immediately building a defense tailored to your situation. Here are some of the most powerful arguments that may apply to your case:

Illegal Search and Seizure

If the traffic stop, search of your vehicle or home, or your arrest was unconstitutional, I can file a motion to suppress the evidence. If the judge agrees, the State’s case may fall apart.

Constructive Possession

If the fentanyl was found in a shared space — like a house, vehicle, or hotel room — the State must prove you knew it was there and had control over it. That’s not always easy to prove, especially if others had equal access.

Weight Threshold Challenges

State labs sometimes use flawed testing methods or combine multiple substances. I hire independent labs and experts to test the evidence and verify whether the fentanyl content truly meets the legal threshold for trafficking.

Overdose Defense (Good Samaritan)

In rare cases where the drugs were discovered during a 911 call or an overdose response, Florida’s Good Samaritan law may provide protection from prosecution if you were seeking medical help.

Entrapment or Coercion

If undercover officers or confidential informants pushed you into a sale or transaction, we may be able to raise entrapment as a defense. The law does not allow police to manufacture crimes that would not otherwise have occurred.

Why You Need a Private Attorney for Fentanyl Trafficking Charges

Let me be clear — a public defender, even a good one, will not have the time, resources, or flexibility to fight a trafficking charge the way I can. These cases require immediate, aggressive action. I move fast to:

  • Challenge the arrest or warrant

  • Get evidence independently tested

  • Negotiate with the State Attorney’s Office before formal charges are filed

  • Seek to have the charge amended to simple possession

  • Prepare for trial if the State won’t back down

You need someone who works for you, not someone overworked and underfunded. A trafficking conviction can destroy your entire future — your job, your family, your freedom. Don’t take chances.

Sentencing Alternatives and Reduction Strategies

Sometimes the best outcome is avoiding the mandatory minimum, even if a conviction is unavoidable. Here’s how I help my clients reduce the damage:

Motion for Downward Departure

If certain legal criteria are met, I can argue that the judge should sentence you below the minimum required by statute. This includes cases involving addiction, mental health, or when you played a minor role.

Plea to Lesser Charges

I work to negotiate a plea to simple possession or another non-trafficking offense. This can eliminate the minimum sentence and reduce felony classification.

Drug Court (Where Available)

In rare cases, if we can get the charge reduced or dismissed outright, I may be able to get you into a diversion program like drug court, especially for users or first-time offenders.

Collateral Consequences of a Fentanyl Trafficking Conviction

Beyond the prison time and fines, a trafficking conviction creates permanent harm:

  • Loss of civil rights (voting, firearms)

  • Driver’s license suspension

  • Difficulty finding employment

  • Loss of professional licenses (nursing, real estate, etc.)

  • Immigration consequences (deportation, visa denial)

This is why we fight so hard. We’re not just fighting a charge. We’re fighting for your entire future.

Florida’s Position on Fentanyl as a “Weapon of Mass Destruction”

In 2022, Florida passed additional laws that classified certain trafficking activities involving fentanyl as domestic terrorism. This includes possession with intent to harm or kill others using fentanyl. While rare, these charges add another layer of seriousness and must be handled by a seasoned defense attorney who knows how to counter the narrative that all fentanyl cases are acts of malice.

Florida Fentanyl Trafficking Charge Frequently Asked Questions (FAQs)

What is the minimum amount of fentanyl required for a trafficking charge in Florida?
Under Florida Statute § 893.135(1)(c), possession of just 4 grams of any mixture containing fentanyl is enough to trigger a trafficking charge. It doesn’t matter if the actual fentanyl content is small — the entire weight of the substance counts.

Can I be charged with trafficking even if I didn’t sell the fentanyl?
Yes. Florida law does not require proof of sale or intent to distribute. Simply possessing 4 grams or more of a substance that includes fentanyl is enough to trigger trafficking charges. That’s why so many people facing these charges are users or low-level individuals.

What if I didn’t know fentanyl was in the substance?
Lack of knowledge may be a valid defense, especially if you believed the substance was something else like heroin or oxycodone. However, prosecutors may argue “constructive knowledge.” Your defense attorney will need to build a case showing reasonable doubt.

Can the charges be dropped or reduced?
Yes, with the right defense and early intervention. I’ve successfully had trafficking charges reduced to possession or dismissed entirely by challenging lab results, filing suppression motions, or negotiating with the prosecution.

Will I go to prison if I’m convicted?
If convicted of trafficking, yes, Florida law requires mandatory prison time. However, a skilled private attorney may be able to reduce the charge or qualify your case for an exception to the minimum sentencing rules.

Is fentanyl tested separately from other drugs in a mixture?
Not always. Sometimes law enforcement includes the weight of cutting agents or other substances in the total. I hire independent labs to verify the chemical makeup and true fentanyl content.

Do prior convictions affect sentencing?
Absolutely. If you have prior felony drug convictions, you may be ineligible for certain reduction options. You may also face enhanced sentencing. I evaluate your full history to determine what options remain open.

Is fentanyl trafficking a federal or state charge?
Both. You can be charged under Florida law or federally under 21 U.S.C. § 841. Federal charges often carry harsher penalties, but many cases remain in state court unless the feds intervene.

Can fentanyl trafficking be sealed or expunged in Florida?
No. If you are convicted, the record cannot be sealed or expunged. This is why avoiding conviction is so important. However, if the charge is dropped or dismissed, sealing may be possible in some cases.

Should I speak to police or detectives if they say they want to “help”?
No. Never talk to police without your attorney present. Anything you say will be used against you, even if it seems harmless. Let me do the talking for you.

Call Our Florida Fentanyl Trafficking Defense Attorney

Charged With Fentanyl Trafficking in Florida? Time Is Critical.

The penalties for trafficking fentanyl in Florida are among the harshest in the country. But being charged doesn’t mean you’ll be convicted. Every case has weaknesses, and I know how to use them to your advantage.

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 30 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.