Drug Charges

What is the difference between possession and trafficking?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Weight, mostly. Trafficking generally turns on quantity rather than on evidence of selling — and it carries mandatory minimum prison sentences.

The word trafficking suggests dealing, and that's the misunderstanding worth correcting first. Florida's trafficking statutes are largely weight-driven. A person who never sold anything to anyone can face a trafficking charge because of the amount in their possession.

Simple possession is generally a third-degree felony for most controlled substances, with sentencing discretion available to the court.

Trafficking is a first-degree felony carrying mandatory minimum prison terms that escalate with weight. Mandatory means the court cannot go below them absent a specific statutory basis.

Two things drive these cases as a result. Whether the weight is accurate — and whether packaging, containers, or filler got included in it. And whether the person legally possessed the substance at all, which brings the constructive possession analysis into a case the State is calling trafficking.

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.