Getting arrested with drugs in Florida doesn’t always mean the same thing. There’s a big difference between possession and trafficking—and it has nothing to do with whether you were actually selling drugs.
Here’s how Florida law distinguishes between drug possession and trafficking—and why the line often comes down to weight, not intent.
⚖️ What Is Drug Possession in Florida?
Under Florida Statute § 893.13, possession means:
You knowingly had a controlled substance
Either on your person (actual possession) or under your control (constructive possession)
Without a valid prescription
Possession is often a third-degree felony, with exceptions for small amounts of marijuana.
🚨 What Is Drug Trafficking in Florida?
Trafficking charges come from Florida Statute § 893.135.
But here’s the catch: trafficking is not about selling or transporting drugs—it’s about possessing certain weights of controlled substances.
❗️You can be charged with trafficking even if there’s no evidence of distribution, just because of the amount.
📊 Common trafficking thresholds:
| Drug | Weight | Trafficking Charge |
|---|---|---|
| Cannabis | 25 lbs or 300 plants | 3-year minimum |
| Cocaine | 28 grams (1 ounce) | 3–15 years |
| Fentanyl | 4 grams | 3–25 years |
| Oxycodone | 7 grams | 3–25 years |
| Methamphetamine | 14 grams | 3–15 years |
| MDMA (Ecstasy) | 10 grams | 3–30 years |
🆚 Possession vs. Trafficking: Key Differences
| Factor | Possession | Trafficking |
|---|---|---|
| Based on weight? | No | Yes |
| Intent to sell? | Not required | Not required |
| Minimum sentence? | No mandatory minimum | Yes (3–25 years depending on drug) |
| Type of charge | Often 3rd-degree felony | 1st-degree felony |
| Bond eligibility | Usually available | Often subject to higher or denied bond |
🛡️ Can You Fight a Trafficking Charge as Possession?
Yes—and it’s often the first strategy an experienced defense lawyer will pursue.
At Michael White, P.A., we review every detail of the arrest and work to:
Suppress unlawfully obtained evidence
Challenge actual knowledge or control
Argue lack of exclusive possession in shared areas
Push for reduced charges that remove mandatory minimums
We’ve successfully negotiated trafficking charges down to simple possession—or had them dismissed entirely—by attacking the search, lab analysis, or control evidence.
👨⚖️ Fort Lauderdale Drug Crimes Defense Attorney
A drug arrest doesn’t always equal a conviction—and the difference between possession and trafficking could mean the difference between probation or prison.
Let us review your case and explain your options before you face a mandatory sentence.
🔍 More Answers About the Difference Between Drug Possession and Trafficking in Florida
❓ Can I be charged with trafficking if I didn’t sell anything?
Yes. Florida drug trafficking is based on weight—not proof of selling or dealing.
❓ What if I didn’t know the drugs were in the car or house?
That may be a valid defense. The State must prove knowledge and control.
❓ Is it possible to reduce a trafficking charge to possession?
Yes. With the right legal strategy, many trafficking cases are resolved as possession or dismissed entirely.
❓ Will I go to prison for trafficking?
Possibly. Most trafficking charges carry mandatory minimum prison sentences unless reduced or dismissed.
❓ Do I need a lawyer for a drug possession charge?
Yes. Even possession can carry serious consequences—and an attorney may be able to get the case dropped, diverted, or sealed later.