Trafficking in Illegal Drugs (4 to 14 Grams) – Florida Statute 893.135(1)(c) – Charge Code DRUG3912
Charged with Drug Trafficking in Florida? A conviction for Trafficking in Illegal Drugs (4 to 14 grams) under Florida Statute § 893.135(1)(c) DRUG3912 carries a mandatory minimum prison sentence of 3 years and a $50,000 fine — even if you never intended to sell or distribute the drugs. If you’ve been arrested for this serious felony charge, it’s time to speak with a knowledgeable criminal defense attorney who understands Florida’s complex drug laws.
Florida’s DRUG3912 Charge Explained
- Charge Code: DRUG3912
- Statute: Florida Statute § 893.135(1)(c)
- Offense: Trafficking in Illegal Drugs (4 to 14 grams)
- Felony Level: First-Degree Felony
- Jurisdiction: Commonly charged in Hillsborough County and throughout Florida
What Is Considered “Trafficking” Under Florida Law?
In Florida, trafficking isn’t just about selling drugs. You can be charged with trafficking simply for possessing a minimum quantity of specific controlled substances.
For opiates and opioid derivatives, the law sets the trafficking threshold at just 4 grams. This includes:
- Oxycodone (OxyContin, Percocet)
- Hydrocodone (Vicodin, Norco)
- Heroin
- Hydromorphone (Dilaudid)
- Morphine
- Opium and its derivatives
- Fentanyl and analogs
Even if the substance is mixed with fillers, Florida law considers the total weight of the mixture, not just the pure drug.
Special Focus: Fentanyl and Its Impact on Drug Trafficking Cases
Fentanyl is an especially dangerous drug and a primary target under Florida’s trafficking laws due to its potency and the lethal risk it poses. Even small amounts of fentanyl or its analogs can easily exceed the 4-gram trafficking threshold. Additionally, fentanyl mixtures (like counterfeit pills) often lead to unintentional trafficking charges, even if you were unaware of the presence of fentanyl.
Fentanyl-related Trafficking Penalties
If you are caught trafficking fentanyl, the penalties are the same as for other drugs, but the seriousness of the offense is heightened. The presence of fentanyl often leads to heightened scrutiny, especially if the trafficking leads to harm or death.
Common Controlled Substances Under DRUG3912
Florida law targets various illegal drugs under the trafficking statute. Common substances associated with DRUG3912 charges include:
- Heroin
- Fentanyl and Fentanyl Analogues
- Oxycodone
- Hydrocodone
- Morphine
- Hydromorphone
- Opium
Even if a substance contains a mixture of these drugs, it’s the total weight that determines the charge, not the concentration of the active ingredient.
Penalties for Drug Trafficking (4 to 14 Grams) in Florida
Florida law imposes mandatory minimum sentences based on the weight of the controlled substance involved. Here’s how that breaks down:
Mandatory Minimum Sentences Under § 893.135(1)(c)
| Weight of Drug | Mandatory Prison Sentence | Minimum Fine |
|---|---|---|
| 4 to <14 grams | 3 years | $50,000 |
| 14 to <28 grams | 15 years | $100,000 |
| 28 grams to <30 kg | 25 years | $500,000 |
| 30 kg or more | Life in Prison (No parole) | $500,000 |
🛑 Judges have no discretion to go below these minimums unless you qualify for a legal exception, such as substantial assistance to law enforcement.
Elements the State Must Prove
To convict you under Florida Statute 893.135(1)(c), prosecutors must prove beyond a reasonable doubt that you:
- Knowingly:
- Sold,
- Purchased,
- Manufactured,
- Delivered,
- Brought into Florida, or
- Possessed
- A controlled substance listed in the statute (such as heroin, hydrocodone, or oxycodone)
- In a quantity of 4 grams or more (up to 14 grams)
- With knowledge of the substance’s illicit nature
✅ Even without direct proof of a sale, simply possessing 4 grams or more of certain drugs can result in trafficking charges.
Understanding Possession: Actual vs. Constructive
There are two primary forms of drug possession in Florida law:
Actual Possession
- The drug is on your person (in your pocket, purse, etc.), or
- Within your immediate control (e.g., under your car seat)
Constructive Possession
- The drug is in a place you control (like your house or glovebox), and
- Prosecutors must prove you knew it was there and had control over it
Constructive possession cases can be successfully challenged with the help of a seasoned attorney.
Legal Definitions You Need to Know
Understanding how Florida defines certain terms is critical:
- Sell – Exchange for money or something of value
- Purchase – Acquire by paying money or other value
- Manufacture – Produce, prepare, or package a controlled substance
- Deliver – Actual or attempted transfer of a substance
- Possess – Exercise of control over a substance, even without ownership
Top 5 Defenses to Florida Drug Trafficking Charges
- Lack of Knowledge
You didn’t know the substance was present or illegal. Especially powerful in constructive possession cases. - Unlawful Search or Seizure
Evidence obtained through unconstitutional searches may be suppressed. - Entrapment
You were persuaded or tricked into committing the offense by law enforcement. - Insufficient Evidence of Weight
The total mixture must exceed 4 grams. Lab errors or flawed weighing can be challenged. - Chain of Custody Issues
Mishandling or improper documentation of the seized drugs can result in suppression of evidence.
Frequently Asked Questions About DRUG3912 – Trafficking in Illegal Drugs (4 to 14 Grams)
DRUG3912 is the Florida offense code for Trafficking in Illegal Drugs where the total weight is 4 grams or more but less than 14 grams. This typically involves opioids like heroin, oxycodone, or hydrocodone. The charge is a first-degree felony and comes with a mandatory minimum of 3 years in prison and a $50,000 fine. Even if you didn’t intend to sell the drug, you can still be charged based on weight alone.
Yes. In Florida, drug trafficking charges are based on the total weight of the substance, including any fillers or inactive ingredients. For example, having just a few opioid pills can easily exceed 4 grams. This means even a person struggling with addiction — not selling — can face severe prison time.
No. Intent is not required for a trafficking charge under Florida Statute 893.135(1)(c). Simply possessing the threshold amount (4 grams or more) is enough to trigger a trafficking charge. That’s why people are often surprised to face such serious penalties for simple possession.
The mandatory minimum for DRUG3912 is 3 years in Florida State Prison and a $50,000 fine. Judges have no discretion to go below this sentence unless the defendant provides “substantial assistance” to law enforcement. Without such cooperation, the sentence is automatic upon conviction.
Yes. Your attorney can challenge the lab testing procedures or argue that the mixture included legal substances that should not count toward the total weight. Mistakes in weighing or improper evidence handling could reduce or dismiss the charge. Every gram matters in trafficking cases.
This is a common and powerful defense. If the drugs were found in a shared space — like a car or apartment — prosecutors must prove you had knowledge and control of them. If they cannot, the case may be dismissed due to insufficient evidence of possession.
Only under certain circumstances. If law enforcement violates your Fourth Amendment rights, your attorney can file a motion to suppress the evidence. Illegal searches are a leading reason trafficking charges get dropped or reduced.
Substantial assistance means helping law enforcement catch other drug traffickers. If you qualify and the State agrees, your sentence can be reduced below the mandatory minimum. However, this option carries serious risks and should only be pursued with a lawyer’s advice.
Not usually for DRUG3912. Because of the mandatory minimum sentence, drug court and probation are generally not available unless the charge is reduced or you provide substantial assistance. An experienced attorney may be able to negotiate a lesser charge like possession.
Call an experienced criminal defense lawyer immediately. Do not speak to law enforcement without legal representation. Your attorney can review the legality of the search, examine the evidence, and begin building a defense to avoid harsh mandatory sentencing.
Why Hire W.F. “Casey” Ebsary Jr.?
Attorney W.F. “Casey” Ebsary Jr. is a Board-Certified Criminal Trial Lawyer based in Tampa, Florida. With decades of experience and a deep knowledge of Florida’s drug laws, he defends clients charged with serious felonies — including trafficking under DRUG3912.
🔹 What You Get:
- Aggressive representation in court
- A thorough review of search and seizure legality
- Experience negotiating with prosecutors and challenging mandatory minimums
- Personal, one-on-one attention from an experienced litigator
Contact Us Now for a Free Case Review
Facing a trafficking charge can upend your life. Don’t fight it alone.
📍 Law Office of W.F. Casey Ebsary Jr.
📞 Call Now: (813) 222-2220 or 1-877-793-9290
Original Post from 2018 Updated Above to 2025
Drug Trafficking
 |
| Trafficking 4 to 14 Grams Morphine, Opium, Oxycodone, Hydrocodone, Hydromorphone |
Form Code: DRUG3912
Florida Statute: 893.135.1C1A
Level: Fel (Felony)
Degree: 1st
DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS is often charged in Hillsborough County, Florida.
893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.
Florida Jury Instruction on TRAFFICKING IN ILLEGAL DRUGS
|
TRAFFICKING IN ILLEGAL DRUGS — 893.135(1)(c)1 and 2
|
|||
|
CATEGORY ONE
|
CATEGORY TWO
|
FLA. STAT.
|
INS. NO.
|
|
Trafficking offenses requiring lower quantities of illegal drugs
|
|
893.135(1)(c)1
|
25.11
|
|
|
Attempt (but not conspiracy), except when delivery is charged
|
777.04(1)
|
5.1
|
|
|
If sale, manufacture or delivery is charged
|
893.13(1)(a)
|
25.2
|
|
|
If purchase is charged
|
893.13(2)(a)
|
|
|
|
Bringing same illegal drug as charged into state
|
893.13(5)
|
|
|
|
Possession of same illegal drug
|
893.13(6)(a)
|
|
