If you’re facing cocaine charges in Florida, you’re up against one of the most aggressively prosecuted drug crimes in the state. Florida law doesn’t go easy on illegal drug offenses, especially when it comes to cocaine, a Schedule II controlled substance. Whether it’s simple possession or an accusation of trafficking, the stakes are high.
In this guide, drug crimes defense attorney Mike G Law breaks down how cocaine charges work in Florida, what penalties you may face, and how the law defines possession. It also outlines common defense strategies and why having the right legal representation matters.
Florida Cocaine Laws
Under Florida Statute 893.13, cocaine possession is illegal unless specifically authorized, such as for scientific research. Cocaine is classified as a Schedule II controlled substance, which means it has high potential for abuse and a strong risk of dependence.
Florida aggressively prosecutes any offense involving cocaine, from simple possession to drug trafficking. Depending on the quantity involved, charges can range from a third-degree felony to a first-degree felony or, in rare cases, even a capital felony.
You can also be charged even if you didn’t “own” the drugs. Florida law allows charges based on actual or constructive possession, meaning you don’t have to be physically holding the substance to be held legally responsible.
Possession of Cocaine: Actual vs. Constructive
Florida law separates cocaine possession into two categories:
- Actual possession means cocaine is found directly on you—in your hand, your pocket, or a bag you’re holding. For example, if police find cocaine in your backpack, that’s actual possession.
- Constructive possession means cocaine is found in a place you control (like a car or apartment), and you knew it was there. An example: if cocaine is in a shared glove box and multiple people had access to it, prosecutors must prove constructive possession by showing your knowledge and control over the substance.
Temporary or transitory possession—even when a person takes momentary possession for a few seconds—can also lead to charges, especially if prosecutors argue you had the intent to exercise control or exercised dominion over the substance.
Penalties for Cocaine Possession in Florida
Being charged with cocaine possession doesn’t require large amounts. Any amount can trigger serious consequences, especially if other factors are involved, like prior offenses or proximity to or involvement with minors.
Simple Possession (Under 28 Grams)
- Third-degree felony
- Up to 5 years in prison
- Up to $5,000 in fines
- Driver’s license suspension for 6 months
- Permanent criminal record
Possession in certain circumstances may result in enhanced penalties. For example, if the offense occurred near a school or child care facility, the charge could be elevated.
Cocaine Trafficking: Weight Matters
Possession of 28 grams or more of cocaine can result in trafficking charges, regardless of intent. Florida law calculates total weight, not just the pure cocaine content.
| Cocaine Amount | Charge | Mandatory Minimum Sentence |
|---|---|---|
| 28–199 grams | First-degree felon | 3 years + $50,000 fine |
| 200–399 grams | First-degree felony | 7 years + $100,000 fine |
| 400+ grams | First-degree felony | 15 years + $250,000 fine |
In trafficking cases, prosecutors don’t have to prove intent to distribute. Simply possessing more than the threshold weight triggers an enhanced felony punishable by severe consequences. These cases may also involve forfeiture of property, mandatory prison time, and life imprisonment in extreme situations.
Common Defense Strategies For Cocaine Possession Charges
Every drug crime case is unique, but several defense strategies may apply, including:
1. Illegal Search or Seizure
If law enforcement searched you without a valid search warrant, probable cause, or consent, any evidence found could be thrown out due to a violation of your constitutional rights.
2. Lack of Knowledge or Control
In constructive possession cases, prosecutors must prove you knew the cocaine was present and had control over it. This can be difficult, especially if the drugs were found in a place accessible to more than one person.
3. Temporary or Momentary Possession
Florida courts have acknowledged transitory possession as a defense, such as when a person picks up cocaine with the sole purpose of discarding it. However, this defense is narrow and fact-specific, especially in cases where the true owner of the cocaine is in question.
4. Entrapment or Bad Faith by Police
If a law enforcement officer coerced you into committing a drug crime or acted in bad faith, you may have a viable affirmative defense.
5. Substantial Assistance
In some cases, defendants may receive reduced sentences in exchange for helping law enforcement. This is known as substantial assistance, but it must be handled carefully with legal guidance.
6. Challenging Cocaine’s Presence
Defendants can challenge whether the substance was actually cocaine and whether it was in a usable amount. Lab errors or mishandling of evidence can raise reasonable doubt.
Catch a Cocaine Case? Why You Need Criminal Defense Attorney Mike G Law
Cocaine charges in Florida can change your life. Even a third-degree felony can lead to prison time, job loss, and a permanent criminal record. The system isn’t built to go easy on drug crimes, especially in Florida.
A criminal defense attorney knowledgeable in drug crimes, like Mike G Law, can:
- Evaluate the legality of the traffic stop or arrest
- Review the search and seizure procedures
- Challenge constructive possession
- File motions to suppress illegally obtained evidence
- Negotiate plea deals or alternative sentencing options
Mike G believes everyone deserves a fair fight. He’ll examine the details of your case, look for weak points in the prosecution’s approach, and advocate for your future, without judgment. As a former prosecutor, Mike G knows how the other side thinks. That perspective helps him fight aggressively for your rights.
Don’t face cocaine charges alone. Whether it’s a possession case or a serious trafficking charge, the penalties can follow you for life.
Call or text 813-468-3081 for a confidential consultation, or reach out online to discuss your case today.
FAQs
How much cocaine leads to a trafficking charge?
28 grams or more, regardless of how much pure cocaine it contains. Florida law goes by the total weight of the substance, not just the cocaine content.
Can I get my cocaine charge dismissed?
It depends on the facts. If there was an illegal search, lack of probable cause, or insufficient evidence of the defendant’s knowledge or control, a dismissal or reduction may be possible, but nothing is guaranteed.
Will a conviction affect my driving privilege?
Yes. A cocaine conviction results in an automatic driver’s license suspension for at least six months—even if the offense wasn’t related to driving.
What if the cocaine wasn’t mine?
If the cocaine was found in a shared space, prosecutors must prove you had knowledge and control. Without clear evidence, there may be reasonable doubt as to whether you actually possessed it.