Florida Fentanyl Trafficking
Florida treats fentanyl as uniquely dangerous — trafficking begins at just four grams, one of the lowest thresholds of any drug, and the mixture weight counts. Here is what that means.
The Four-Gram Threshold
Under § 893.135(1)(c), fentanyl trafficking begins at just four grams — dramatically lower than cocaine (28 grams) or cannabis (25 pounds). And as with all Florida trafficking, no sale is required: simply possessing four grams triggers the charge.
Critically, the weight counts the entire mixture, not just the pure fentanyl. Because counterfeit pills and street drugs are frequently cut with fentanyl — often without the buyer’s or even the seller’s knowledge — people are charged with trafficking who never intended to possess fentanyl at all.
The Mandatory Minimums
Fentanyl trafficking is a first-degree felony carrying mandatory-minimum prison terms that escalate sharply with weight, reaching a 25-year minimum at 28 grams. Because a judge cannot sentence below a mandatory minimum, these are among the most serious drug charges in Florida.
14 to under 28 grams: Substantially higher mandatory minimum + $100,000 fine.
28 grams or more: 25-year mandatory minimum + $500,000 fine.
Maximum exposure reaches 30 years. (Exact middle-tier year figures should be confirmed against the current statute.)
What a Defense Attorney Looks For
- Knowledge. While intent to sell isn’t required, the State must prove you knowingly possessed the substance — a real issue when fentanyl is hidden in counterfeit pills.
- Weight and lab analysis. Whether the tested weight truly meets a threshold, and how the "mixture" was weighed, can move a case below a mandatory minimum.
- The search. Suppression remains the most powerful tool.
- Substantial assistance and negotiated resolutions where a prosecutor may waive the mandatory minimum.
The stakes here are extreme, and the margins are thin. Jeff Gorman’s background as a former prosecutor is directly relevant to how these cases are built and challenged.
Frequently Asked Questions
How many grams of fentanyl is trafficking in Florida?
Do I have to sell fentanyl to be charged with trafficking?
What if I didn’t know the drugs contained fentanyl?
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.
