Fla. Stat. § 893.135

Florida Drug Trafficking

The word "trafficking" is misleading — in Florida it turns on weight, not sales. Cross a threshold and you face a mandatory-minimum prison term the judge cannot go below.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Weight, Not Sales

The most important thing to understand about Florida trafficking law: it is charged by weight, not by proof of any sale. Simply possessing a threshold amount — even for personal use, even without selling anything — triggers a trafficking charge and its mandatory minimums.

The Statute & Its Thresholds

Under § 893.135, trafficking is a first-degree felony with mandatory-minimum prison terms that escalate by weight. The thresholds are surprisingly low.

The Governing Statute
Fla. Stat. § 893.135 — Trafficking in Controlled Substances
"Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of [threshold quantities] … commits a felony of the first degree, known as "trafficking.""
Read the full statute on Online Sunshine →
Example: Trafficking Thresholds & Mandatory Minimums
Cocaine: 28g–199g = 3-year min / $50,000; 200g–399g = 7-year min / $100,000; 400g–150kg = 15-year min / $250,000; 150kg+ = life.

Cannabis: 25 lbs or 300 plants = 3-year min / $25,000.

Fentanyl: 4g–14g = 7-year min / $50,000; 28g+ = 25-year min / $500,000.

Why "Mandatory" Matters

A mandatory minimum means the judge cannot sentence below it, no matter the circumstances or your record — absent one narrow exception. That is what makes trafficking charges so serious: the discretion a judge normally has is removed.

The primary exception is "substantial assistance" under the statute — cooperation that a prosecutor agrees warrants a reduction. Whether and how to pursue that is a critical, case-specific decision.

What a Defense Attorney Looks For

  • Weight. Whether the measured weight truly crosses the threshold — including whether "mixture" weight was properly calculated — can move the case below a mandatory minimum.
  • Knowledge and possession. In constructive-possession trafficking cases, the State must still prove you knew and controlled the substance.
  • The search. Suppression remains the most powerful tool.
  • Substantial assistance and other statutory paths to reduce or avoid the mandatory minimum.

Frequently Asked Questions

Do you have to sell drugs to be charged with trafficking in Florida?
No. Under § 893.135, trafficking is charged by weight. Possessing a threshold amount — even for personal use and without any sale — is enough to trigger a trafficking charge and its mandatory minimums.
What is the mandatory minimum for drug trafficking in Florida?
It depends on the substance and weight. For cocaine, 28 grams triggers a 3-year mandatory minimum; for fentanyl, 4 grams triggers 7 years; for cannabis, 25 pounds triggers 3 years. Higher weights carry 15-year, 25-year, or life minimums.
Can a trafficking mandatory minimum be reduced in Florida?
Rarely, and only through narrow statutory paths — most notably "substantial assistance," where a prosecutor agrees a reduction is warranted based on cooperation. Otherwise, the judge cannot sentence below the mandatory minimum.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 893.135 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.