Category: Drug Offenses · Statute: F.S. 893.135(1)(b) · Source: Florida Legislature
Understanding Trafficking in Cocaine in Florida
In Florida, "Trafficking in Cocaine" is a first-degree felony governed by Section 893.135 of the Florida Statutes. Unlike the common perception of drug trafficking, the state does not need to prove that a person intended to sell, transport, or distribute the substance across state lines. Instead, the charge is triggered purely by the weight of the cocaine involved. Anyone who knowingly sells, purchases, manufactures, delivers, brings into the state, or is in actual or constructive possession of 28 grams or more of cocaine—or any mixture containing cocaine—commits the offense of trafficking.
Because the law includes "mixtures," the entire weight of the seized material is counted toward the threshold, even if the actual cocaine is diluted with other cutting agents. The prosecution must prove that the defendant knew the substance was present, though they do not have to prove the defendant knew the exact weight. Because the thresholds start at just 28 grams (approximately one ounce), individuals can face severe trafficking charges for amounts that might otherwise be associated with personal use or low-level possession in other jurisdictions.
Bail and Pretrial Release for Cocaine Trafficking
Due to the severe mandatory minimum prison sentences associated with Florida Statute 893.135, defendants charged with trafficking in cocaine are often categorized as high flight risks. Under Florida's criminal punishment code, a trafficking charge automatically scores high, meaning judges routinely set exceptionally high bail amounts or impose strict pretrial release conditions, such as Nebbia hearings. A Nebbia requirement forces the defendant to prove that the funds used to secure their release and pay the bail bond premium originate from legitimate, non-drug-related sources before they can be released from custody.