Harsh Minimum Sentences Demand Aggressive Legal Representation – We Fight to Protect Your Future

When you’re accused of fentanyl trafficking in Florida, your entire life is at risk. I’ve handled countless drug trafficking cases across the state, and I’ve seen firsthand how devastating a conviction can be—not just for the person charged, but for their entire family. Prosecutors in Florida push these cases hard. The law mandates harsh minimum prison sentences, and they will use every resource to lock you up for decades.

You need a seasoned criminal defense attorney who knows how to dismantle the case against you. That’s exactly what we do at Musca Law. We don't take shortcuts. We investigate every angle, attack weak evidence, and hold the government to the highest legal standard. Your future matters, and we’re ready to fight for it.

Florida’s Fentanyl Trafficking Laws – What the Statute Says

Florida Statute § 893.135(1)(c) lays out the law on fentanyl trafficking. It’s not based on whether you intended to sell or distribute the substance. Possession alone in certain quantities triggers mandatory trafficking charges.

Here’s the relevant language of the statute:

“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 derivative, commits a felony of the first degree, known as ‘trafficking in fentanyl.’”

Fentanyl is measured by total weight of the mixture, not the pure amount of the drug. This means a person could be charged with trafficking even if the amount of actual fentanyl is small, so long as the total weight exceeds 4 grams when mixed with other substances.

Mandatory Minimum Sentencing Under Florida Law

Here’s how the minimum sentencing works under Florida Statute § 893.135(1)(c):

  • 4 grams to <14 grams:
    3-year mandatory prison sentence, $50,000 fine

  • 14 grams to <28 grams:
    15-year mandatory prison sentence, $100,000 fine

  • 28 grams or more:
    25-year mandatory prison sentence, $500,000 fine

These sentences are mandatory. Judges are not allowed to go below them unless your attorney can secure a departure through special legal arguments or state cooperation agreements.

If the case involves a death caused by the fentanyl, even if accidental, prosecutors can pursue first-degree felony murderor fentanyl homicide charges.

Why You Need a Private Criminal Defense Attorney Immediately

If you’re facing fentanyl trafficking charges, public defenders are not going to have the time, resources, or flexibility to give your case the attention it requires. I say that with all due respect to their work. But when your life is on the line, you need someone whose entire focus is building your defense—starting with identifying every constitutional issue, every evidentiary weakness, and every way to push for reduced charges, a downward departure, or case dismissal.

Real Case Example – Fentanyl Trafficking Dismissed

One of my clients was charged with trafficking over 14 grams of fentanyl after police found a bag in a vehicle during a stop in Miami-Dade County. The client was a passenger, not the driver. The vehicle had tinted windows and was pulled over for what the officer claimed was a “traffic violation.” During the search, the officers claimed to smell marijuana and used that as a basis for a full search of the car.

We immediately filed a motion to suppress based on an unlawful stop and illegal search. Our argument focused on the fact that the officer’s body cam didn’t capture any clear traffic violation, and no marijuana was ever recovered. The court agreed. The evidence was tossed, and the entire case was dismissed. My client walked out of court with his freedom.

That result didn’t happen by luck. It happened because we jumped on the case immediately, reviewed every second of body cam footage, subpoenaed dispatch records, and challenged every piece of the state's case.

Common Defenses to Florida Fentanyl Trafficking Charges

Illegal Search and Seizure

Many fentanyl trafficking arrests stem from traffic stops, home raids, or street encounters. If law enforcement violated your Fourth Amendment rights, we can file a motion to suppress the evidence. If the drugs are suppressed, the case usually falls apart.

No Knowledge or Possession

The state must prove you knowingly possessed the fentanyl. If the drugs were found in a shared vehicle or common area, or if someone else placed them without your knowledge, you may have a strong defense. Constructive possession cases are beatable with the right argument.

Lab Testing Errors

The weight and composition of the substance must be proven through lab analysis. Chain of custody mistakes, contamination, or delays in testing can all call the evidence into question.

Entrapment or Illegal Sting Operations

In some fentanyl trafficking cases, law enforcement uses confidential informants or undercover operations. If your conduct was induced by the state and you were not predisposed to commit the crime, entrapment may be a valid defense.

Medical or Prescription Defense (Limited)

While rare, in some situations a person may have had residual prescription fentanyl legally obtained. The context matters. If you had a valid prescription and small trace amounts were found, that could form the basis of a dismissal or lesser charge.

Additional Charges That Often Come With Fentanyl Trafficking

Florida prosecutors frequently stack charges. You may be facing:

  • Possession of a firearm during commission of a felony (§ 775.087)

  • Use of a communication device to facilitate a felony (§ 934.215)

  • Child endangerment if drugs were stored near minors (§ 827.03)

  • Conspiracy to traffic (§ 777.04)

These enhancements can increase your exposure to more prison time. That’s another reason why you need someone experienced who knows how to separate out these charges and challenge them individually.

What We Do Differently at Musca Law

Every case starts with an internal review where we ask: What can be challenged? What’s the timeline? Who are the key witnesses? What did the lab actually find?

Then we build. We issue discovery requests. We scrutinize the police report line-by-line. We compare it to video evidence. If the case involves a co-defendant or informant, we push for disclosure and cross-examine their statements for bias or inconsistency.

We never treat a fentanyl trafficking charge like “just another drug case.” Your future deserves better than that.

Will I Go to Prison If Convicted?

The short answer is yes—unless we find a way to either defeat the charges or negotiate an alternative resolution. These minimum sentences are not suggestions. They are hard minimums built into the statute.

However, in some situations, we’ve successfully pursued the following:

  • Plea to a lesser offense like possession with intent, which carries no minimum sentence.

  • Downward departure motions based on unusual circumstances.

  • Pre-trial diversion in rare cases where the amount was misclassified or the person has no prior record.

The key is immediate action. Waiting makes everything harder.

Do Not Speak to Police Without Your Attorney Present

If detectives are contacting you about a fentanyl trafficking investigation, they are building a case against you. Do not make any statement. Do not try to “explain” anything. We’ve seen countless cases where people made things worse by talking.

Let us speak for you. Let us control the flow of information. That’s how we protect your rights and limit your exposure.

Frequently Asked Questions About Fentanyl Trafficking in Florida

What is the weight threshold for fentanyl trafficking charges in Florida?
The threshold is just 4 grams of a mixture containing fentanyl or its derivatives. That’s not a lot. Even trace amounts combined with other substances can easily cross the threshold. The law is harsh and doesn’t consider the purity level—only the total weight of the mixture.

Can I be charged if the fentanyl wasn't mine but was in a car I was riding in?
Yes. Florida law allows for charges based on “constructive possession.” If the drugs were in an area you had access to or control over, and if the state believes you had knowledge of them, they can charge you. However, proving that knowledge is another matter entirely. We’ve successfully beaten constructive possession cases with strong factual arguments.

Will I go to jail even if I have no prior criminal record?
Without a strong legal defense or a negotiated resolution, yes. The mandatory minimums apply regardless of whether you’ve ever been arrested before. That’s why timing and aggressive defense strategy matter so much in these cases.

Can I challenge the weight of the fentanyl mixture?
Absolutely. We often bring in independent labs or request additional testing. If the sample was not weighed properly or contained non-fentanyl filler that skewed the results, that may open the door for a reduced charge or case dismissal.

How long does a fentanyl trafficking case take in Florida?
It depends on the complexity, jurisdiction, and whether we are negotiating or heading to trial. Some cases can resolve in months. Others may take over a year. We move fast, but we don’t rush. Our goal is always the best possible result—not just the fastest one.

Is fentanyl trafficking a state or federal charge?
It can be either—or both. Many fentanyl cases are prosecuted by the State of Florida, but if the amount is large or the investigation crosses state lines, the federal government can step in. We’ve handled both types and know how to respond when the feds get involved.

Can Musca Law handle my case outside of Miami or Tampa?
Yes. We have over 30 locations throughout Florida and represent clients in every county. Whether you’re in Fort Myers, Jacksonville, Gainesville, or the Panhandle, we’re ready to fight for you.

How much will it cost to hire a private attorney for fentanyl trafficking?
Costs vary depending on the complexity of the case and whether it goes to trial. What I can tell you is this—when your freedom is on the line for 15 years or more, this is not the time to cut corners. We offer free consultations and flexible payment arrangements.

Call Our Florida Fentanyl Trafficking Defense Lawyer Today

Fentanyl trafficking charges carry the harshest penalties in the state of Florida. You cannot afford to wait or hope things work themselves out. I’m ready to evaluate your case, protect your rights, and aggressively pursue the best possible outcome—whether that’s dismissal, reduced charges, or a strategic plea.

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.