Category: Drug Offenses · Statute: F.S. 893.135(1)(h) · Source: Florida Legislature
Understanding Trafficking in GHB in Florida
Under Florida Statute Section 893.135, the charge of trafficking in Gamma-Hydroxybutyric Acid (GHB) does not require the state to prove an intent to sell, distribute, or manufacture the drug. Instead, the offense is triggered solely by the weight of the substance involved. In Florida, possessing, selling, purchasing, manufacturing, or delivering 1 kilogram or more of GHB, or any mixture containing GHB, constitutes trafficking. Because GHB is often found in liquid form, Florida law calculates the weight based on the entire weight of the liquid mixture, rather than just the active chemical compound. This means a relatively small amount of diluted liquid can easily surpass the 1-kilogram threshold, elevating a simple possession case to a first-degree felony trafficking charge.
The penalties for GHB trafficking are determined by specific weight tiers, each carrying mandatory minimum prison sentences and substantial fines. Possession of 1 to 4 kilograms carries a mandatory minimum of 3 years in prison and a $50,000 fine. If the weight is between 5 and 9 kilograms, the mandatory minimum increases to 7 years along with a $100,000 fine. For amounts of 10 kilograms or more, defendants face a mandatory minimum of 15 years in state prison and a $250,000 fine. These mandatory minimums strip Florida judges of their discretion, meaning a convicted individual must serve the designated term day-for-day before becoming eligible for release.
Bail and Pretrial Release for GHB Trafficking
Because trafficking in GHB is a first-degree felony carrying severe mandatory minimum prison sentences, judges at first appearance hearings routinely set exceptionally high bail amounts to ensure the defendant returns to court. Furthermore, under Florida law, prosecutors frequently request a "Nebbia hearing" (or Nebbia hold) for drug trafficking offenses. This requires the defendant to prove that the funds used to pay the bail premium and collateral come from legitimate, lawful sources, rather than the proceeds of illicit drug activity, before they can be released from custody.