Fla. Stat. § 893.135(1)(c)

Florida Fentanyl Trafficking

Florida treats fentanyl as uniquely dangerous — trafficking begins at just four grams, one of the lowest thresholds of any drug, and the mixture weight counts. Here is what that means.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

The Four-Gram Threshold

Under § 893.135(1)(c), fentanyl trafficking begins at just four grams — dramatically lower than cocaine (28 grams) or cannabis (25 pounds). And as with all Florida trafficking, no sale is required: simply possessing four grams triggers the charge.

The Governing Statute
Fla. Stat. § 893.135(1)(c) — Trafficking in Dangerous Fentanyl
"A person who knowingly … [possesses] 4 grams or more of … fentanyl [or fentanyl analogs] … commits a felony of the first degree, which felony shall be known as "trafficking in dangerous fentanyl or fentanyl analogues.""
Read the full statute on Online Sunshine →

Critically, the weight counts the entire mixture, not just the pure fentanyl. Because counterfeit pills and street drugs are frequently cut with fentanyl — often without the buyer’s or even the seller’s knowledge — people are charged with trafficking who never intended to possess fentanyl at all.

The Mandatory Minimums

Fentanyl trafficking is a first-degree felony carrying mandatory-minimum prison terms that escalate sharply with weight, reaching a 25-year minimum at 28 grams. Because a judge cannot sentence below a mandatory minimum, these are among the most serious drug charges in Florida.

Fentanyl Trafficking — Thresholds (Penalties: verify current figures)
4 to under 14 grams: Mandatory minimum prison term + $50,000 fine.

14 to under 28 grams: Substantially higher mandatory minimum + $100,000 fine.

28 grams or more: 25-year mandatory minimum + $500,000 fine.

Maximum exposure reaches 30 years. (Exact middle-tier year figures should be confirmed against the current statute.)

What a Defense Attorney Looks For

  • Knowledge. While intent to sell isn’t required, the State must prove you knowingly possessed the substance — a real issue when fentanyl is hidden in counterfeit pills.
  • Weight and lab analysis. Whether the tested weight truly meets a threshold, and how the "mixture" was weighed, can move a case below a mandatory minimum.
  • The search. Suppression remains the most powerful tool.
  • Substantial assistance and negotiated resolutions where a prosecutor may waive the mandatory minimum.

The stakes here are extreme, and the margins are thin. Jeff Gorman’s background as a former prosecutor is directly relevant to how these cases are built and challenged.

Frequently Asked Questions

How many grams of fentanyl is trafficking in Florida?
Just 4 grams. Under § 893.135(1)(c), possessing, selling, or transporting 4 grams or more of fentanyl or a mixture containing fentanyl is trafficking — one of the lowest thresholds of any drug in Florida.
Do I have to sell fentanyl to be charged with trafficking?
No. Florida trafficking is charged by weight. Possessing 4 grams or more — even for personal use, even without any sale — is enough to trigger a fentanyl trafficking charge and its mandatory minimums.
What if I didn’t know the drugs contained fentanyl?
The State must prove you knowingly possessed the substance. Because counterfeit pills often contain fentanyl without the user’s knowledge, lack of knowledge can be a significant defense — though these cases are complex and fact-specific.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 893.135(1)(c) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.