Florida Drug Crimes: Possession, Sale & Trafficking
Former State Trooper • Veteran Trial Lawyer • Data‑Driven Defense
Free Strategy SessionWhy the Charge Matters
Under Chapter 893, Florida Statutes, penalties change dramatically depending on whether the State proves simple possession, an intent to sell, or the weight thresholds that convert a case into trafficking. Knowing the difference—and forcing the State to prove every element—is step one in an effective defense.
Below we break Florida drug crimes into three core categories, outline typical penalties, and highlight defenses that regularly lead to dismissals or reduced charges for our clients in Orange County and across Central Florida.
I. Core Drug Offenses in Florida
Simple Possession (Personal Use)
Being in actual or constructive possession of any controlled substance without a valid prescription. The charge level depends on the drug schedule and weight:
- Misdemeanor: ≤20 g cannabis; most Schedule V substances.
- Felony (3rd degree): All other schedules in amounts below trafficking thresholds.
Possession with Intent to Sell / Manufacture / Deliver
The same weight as simple possession, but prosecutors rely on surrounding circumstances—cash, scales, baggies, text messages—to prove an intent to distribute. Almost always charged as a 3rd‑degree felony—upgraded to a 2nd‑degree felony if committed within 1,000 ft of a school, park, or similar protected area.
Drug Trafficking (Weight‑Based)
When the weight or pill count meets Florida’s statutory thresholds, the State can charge trafficking even if you never intended to sell. Trafficking is a 1st‑degree felony with mandatory‑minimum prison terms that scale with weight. A few examples:
- Cannabis: ≥25 lbs or ≥300 plants (3 years min.)
- Cocaine: ≥28 g (3 years) • ≥200 g (7 years) • ≥400 g (15 years)
- Fentanyl / Analogs: ≥4 g (3 years) • ≥14 g (15 years) • ≥28 g (25 years)
II. Penalties at a Glance
Misdemeanor
Up to 1 year in county jail
+ $1,000 fine
+ mandatory license suspension
Typical for ≤20 g cannabis & minor paraphernalia offenses.
Felony (F‑3 / F‑2)
Up to 15 years state prison
+ $10,000 fine
+ 5 yrs probation possible
Applies to most possession‑with‑intent cases and sale within 1,000 ft of a school.
Trafficking
3 – 25 year mandatory‑minimums
+ $50,000–$500,000 fines
+ asset forfeiture risk
Weight thresholds trigger fixed prison terms regardless of prior record—unless we secure a trafficking reduction or dismissal.
III. Defenses that Win
Attacking Possession
- Illegal Search & Seizure: traffic stop, home entry, or warrant defects.
- Constructive Possession: multiple occupants, no fingerprints/DNA, item out of reach.
- Knowledge: borrowed car, luggage mix‑up, or hidden stash.
- Valid Prescription / Hemp Defense: for controlled medications or legal CBD.
Challenging Intent to Sell
- Personal‑Use Quantities: State experts often ignore addiction science & tolerance.
- Dual‑Use Items: scales, baggies, or cash explained by legal business.
- Text Message Context: half conversations, slang misinterpretations.
Reducing Trafficking
- Lab Weight Issues: moisture content, packaging, or pill count errors.
- Momentary Possession: brief handling, no dominion/control.
- Substantial Assistance: statutory safety valve can waive mandatory‑minimums.
IV. Diversion & Treatment Options
Pre‑Trial Diversion & Drug Court
First‑time or non‑violent offenders may qualify for programs that result in a dismissal once treatment, counseling, and community‑service milestones are met. Early intervention by counsel is key.
Why Choose Lotter Law?
With two decades in law enforcement—including narcotics investigations—attorney Jeff Lotter knows exactly where police and prosecutors cut corners. Our data‑driven approach, built on thousands of public‑record drug cases in Orange County, exposes those weaknesses and translates them into leverage at the negotiating table and in front of a jury.
Insider Police Knowledge
Former State Trooper & Deputy Sheriff—Jeff has written the search warrants now used against you. He knows the flaws and how to exploit them.
Data‑Driven Defense
Our proprietary database of every Orange County drug case lets us benchmark plea offers, sentencing ranges, and dismissal rates by judge, prosecutor, and even arresting officer. Learn more.
Put experience and analytics on your side—schedule a free consultation today.
Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Orange County Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran —approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
Frequently Asked Questions (Drug Offenses)
Common charges include simple possession, possession with intent to sell, manufacturing, delivery, and trafficking. The severity depends on the type and quantity of the drug.
Constructive possession means the drugs were not on your person but were in a place over which you had control (e.g., your car or home) and you knew they were there. This is often more complex for the state to prove than actual possession.
Yes, depending on the specifics of your case. Defenses can include illegal search and seizure, lack of knowledge or possession, issues with evidence, or qualification for diversion programs. An experienced attorney can evaluate your case for such possibilities.
Florida has strict mandatory minimum prison sentences for drug trafficking based on the weight and type of controlled substance. For example, trafficking certain amounts of cocaine, heroin, or fentanyl can trigger mandatory sentences of 3, 7, 15, or 25 years, regardless of prior record, unless specific legal exceptions apply.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
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