Drug possession and drug trafficking are different cases in Miami-Dade. Trafficking is driven by the drug and the weight, and Florida law can impose a mandatory prison term once a statutory threshold is met. A larger quantity, or conduct that crosses state lines, may be filed by the U.S. Attorney’s Office in the Southern District of Florida instead of the State Attorney.
The Law Offices of Paul D. Petruzzi, P.A. defend possession, possession with intent, and trafficking charges in Miami-Dade state court and in federal court. If you were arrested or are under investigation, do not sit for an interview before you have spoken with counsel.
What Is the Difference Between Drug Possession and Trafficking in Florida?
Possession generally involves a smaller amount alleged for personal use. Trafficking is based on quantity thresholds in Florida law and can carry a mandatory minimum prison term. The exact amount depends on the drug. Larger or multi-state cases may be charged in the Southern District of Florida instead of state court.
- Arrest or investigation
- Quantity and lab analysis
- State or federal charging decision
- Motions, negotiation, or trial
Drug Crime Defense in Miami and South Florida
Drug charges in Miami-Dade and in federal court can carry severe penalties, including mandatory minimum prison sentences for trafficking. Whether you face possession, possession with intent to distribute, or trafficking charges, a Miami drug crimes lawyer can help you understand the charges and build a defense.
The Law Offices of Paul D. Petruzzi, P.A. represents clients in state court in Miami-Dade and in the United States District Court for the Southern District of Florida. We also handle federal criminal defense in drug cases nationwide. If you have been arrested or indicted, contact a Miami criminal defense lawyer for a free consultation.
State vs. Federal Drug Charges in Miami
In Florida state court (including Miami-Dade), drug offenses are charged under state law. Quantities and drug type determine whether you face possession or trafficking; trafficking charges carry mandatory minimum prison terms. Federal drug cases are prosecuted by the U.S. Attorney’s Office for the Southern District of Florida and often involve the DEA or other federal agencies. Federal sentencing is governed by the U.S. Sentencing Guidelines and mandatory minimums.
Our firm is experienced in both systems. For an overview of the differences, see our guide to state vs. federal criminal charges.
Types of Drug Cases We Handle
We handle cases involving cocaine, heroin, marijuana, prescription drugs, and other controlled substances. Charges may include simple possession, possession with intent to sell or distribute, trafficking, cultivation, and conspiracy. Defenses can involve challenging searches, chain of custody, quantity calculations, or intent. Each case turns on its facts and the evidence the government has.
See our drug trafficking case results and drug trafficking defense page. If you are under investigation or have been charged with a drug crime in Miami or federal court, request a free consultation to discuss your situation.
Miami Drug Trafficking Charges
Florida’s trafficking statute (Section 893.135) ties the charge and the mandatory minimum to the type and weight of the substance. Cocaine trafficking of 28 to 200 grams carries a mandatory minimum of 3 years; 200 to 400 grams carries 7 years; 400 grams or more carries 15 years. Heroin, fentanyl, and other substances have their own quantity tables. The prosecution must prove the substance, the weight, and knowing possession or delivery. Weight and purity, the search, and chain of custody are often the issues that decide the case.
Federal trafficking under 21 U.S.C. § 841 is a different statute, with its own quantity thresholds and the U.S. Sentencing Guidelines. In Miami those cases are prosecuted in the Southern District of Florida. A Florida bond schedule does not apply, and a Florida sealing or expungement does not clear a federal conviction.
Charge-level detail is on our drug trafficking page. If the paperwork is a federal complaint or indictment, start with our Miami federal criminal defense lawyer page.
Disclaimer: This page provides general information and does not create an attorney–client relationship. The information presented is not legal advice and should not be relied upon without consulting with a qualified attorney about your specific situation.
Frequently Asked Questions
What is the difference between drug possession and trafficking in Florida?
Possession generally involves smaller amounts for personal use. Trafficking is based on quantity thresholds set by statute and carries mandatory minimum prison sentences. The exact amount varies by drug type.
Can I be charged in both state and federal court for the same drugs?
In some circumstances, both state and federal authorities may pursue charges. An attorney can explain double jeopardy and how the cases may interact.
Do you handle federal drug cases in Miami?
Yes. We represent clients in the U.S. District Court for the Southern District of Florida (Miami Division) and in federal drug cases elsewhere in the country.
What should I do if I am under investigation for a drug crime?
Contact an attorney as soon as possible. Do not speak to law enforcement without counsel. Early representation can help protect your rights and shape the investigation.
Is the first consultation free?
Yes. We offer a free consultation to discuss your drug case and how we may be able to help.
Request a Free Consultation
If you need assistance with a criminal matter in Miami or South Florida, we are available to discuss your situation and explore how we may be able to help. Free consultations are confidential. We serve clients in Miami-Dade, Broward County, Fort Lauderdale, and throughout Florida. Call us or contact our office to schedule an in-person or secure video meeting.