Florida criminal charge
Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking in Florida
Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking is a criminal offense under Florida law, defined by Fla. Stat. § 893.135. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 893.135.
How is trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Trafficking in cannabis | Felony of the First Degree | A person knowingly sells, purchases, manufactures, delivers, or brings into the state, or is in actual or constructive possession of, cannabis in excess of 25 pounds or 300 or more cannabis plants, with mandatory minimum terms and fines scaled by quantity. | Fla. Stat. § 893.135(1)(a) |
| Trafficking in cocaine (base tier) | Felony of the First Degree | A person knowingly sells, purchases, manufactures, delivers, or brings into the state, or possesses, 28 grams or more but less than 150 kilograms of cocaine or a cocaine mixture, with mandatory minimums and fines scaled by quantity. | Fla. Stat. § 893.135(1)(b)1. |
| Capital trafficking in cocaine | Capital Felony | In addition to trafficking 150 kilograms or more of cocaine, the person intentionally killed someone or the conduct led to a natural though not inevitable lethal result. | Fla. Stat. § 893.135(1)(b)2. |
| Capital importation of cocaine | Capital Felony | A person knowingly brings into the state 300 kilograms or more of cocaine knowing the probable result of importation would be death of a person. | Fla. Stat. § 893.135(1)(b)3. |
| Trafficking in illegal drugs (opiates) — base tier | Felony of the First Degree | A person knowingly sells, purchases, manufactures, delivers, brings into the state, or possesses 4 grams or more but less than 30 kilograms of morphine, opium, hydromorphone, heroin, or related substances/mixtures, with mandatory minimums and fines scaled by quantity. | Fla. Stat. § 893.135(1)(c)1. |
| Capital trafficking in illegal drugs | Capital Felony | In addition to trafficking 30 kilograms or more of such opiate substances, the person intentionally killed someone or the conduct led to a natural though not inevitable lethal result. | Fla. Stat. § 893.135(1)(c)5. |
| Capital importation of illegal drugs | Capital Felony | A person knowingly brings into the state 60 kilograms or more of such opiate substances knowing the probable result would be death of a person. | Fla. Stat. § 893.135(1)(c)6. |
| Trafficking in dangerous fentanyl or fentanyl analogues | Felony of the First Degree | A person knowingly sells, purchases, manufactures, delivers, brings into the state, or possesses 4 grams or more of fentanyl-class substances or mixtures, with mandatory minimums and fines scaled by quantity. | Fla. Stat. § 893.135(1)(c)4. |
| Trafficking in phencyclidine and related substances | Felony of the First Degree | A person knowingly sells, purchases, manufactures, delivers, brings into the state, or possesses 28 grams or more of phencyclidine or related substances/mixtures, with mandatory minimums and fines scaled by quantity. | Fla. Stat. § 893.135(1)(d)1. |
| Capital importation of phencyclidine | Capital Felony | A person knowingly brings into the state 800 grams or more of phencyclidine-class substances knowing the probable result would be death of a person. | Fla. Stat. § 893.135(1)(d)2. |
| Drug-specific trafficking felonies (methaqualone, amphetamine, flunitrazepam, GHB, GBL, 1,4-Butanediol, phenethylamines, LSD, synthetic cannabinoids, n-benzyl phenethylamines) — base tier | Felony of the First Degree | A person knowingly sells, purchases, manufactures, delivers, brings into the state, or possesses a threshold quantity of the specified controlled substance or mixture, with mandatory minimums and fines scaled by quantity. | Fla. Stat. § 893.135(1)(e)1. |
| Capital manufacture or importation of specified controlled substances | Capital Felony | A person knowingly manufactures or brings into the state a large threshold quantity of the specified controlled substance knowing the probable result would be death of a person. | Fla. Stat. § 893.135(1)(e)2. |
| Conspiracy to traffic | Felony of the First Degree | A person agrees, conspires, combines, or confederates with another to commit any act prohibited by subsection (1), punishable as if the prohibited act were actually committed. | Fla. Stat. § 893.135(5) |
Common questions about trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking in Florida
Is trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking a felony or a misdemeanor in Florida?
It depends on the circumstances: trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking ranges from a Felony of the First Degree to a Capital Felony in Florida under Fla. Stat. § 893.135.
Trafficking in cannabis: Felony of the First Degree (Fla. Stat. § 893.135(1)(a)) · Trafficking in cocaine (base tier): Felony of the First Degree (Fla. Stat. § 893.135(1)(b)1.) · Capital trafficking in cocaine: Capital Felony (Fla. Stat. § 893.135(1)(b)2.) · Capital importation of cocaine: Capital Felony (Fla. Stat. § 893.135(1)(b)3.) · Trafficking in illegal drugs (opiates) — base tier: Felony of the First Degree (Fla. Stat. § 893.135(1)(c)1.) · Capital trafficking in illegal drugs: Capital Felony (Fla. Stat. § 893.135(1)(c)5.) · Capital importation of illegal drugs: Capital Felony (Fla. Stat. § 893.135(1)(c)6.) · Trafficking in dangerous fentanyl or fentanyl analogues: Felony of the First Degree (Fla. Stat. § 893.135(1)(c)4.) · Trafficking in phencyclidine and related substances: Felony of the First Degree (Fla. Stat. § 893.135(1)(d)1.) · Capital importation of phencyclidine: Capital Felony (Fla. Stat. § 893.135(1)(d)2.) · Drug-specific trafficking felonies (methaqualone, amphetamine, flunitrazepam, GHB, GBL, 1,4-Butanediol, phenethylamines, LSD, synthetic cannabinoids, n-benzyl phenethylamines) — base tier: Felony of the First Degree (Fla. Stat. § 893.135(1)(e)1.) · Capital manufacture or importation of specified controlled substances: Capital Felony (Fla. Stat. § 893.135(1)(e)2.) · Conspiracy to traffic: Felony of the First Degree (Fla. Stat. § 893.135(5))
Which Florida statute covers trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking?
Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking is governed by Fla. Stat. § 893.135 (Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.