Drug Crimes - Law Offices of W.F. "Casey" Ebsary Jr.

Flaws in Florida Fentanyl Trafficking Charges

W.F. ''Casey'' Ebsary Jr. — Mon, 27 Jul 2026 17:02:39 GMT

Fatal Flaws in Florida Fentanyl Charges: Why Statutory Precision Can Overturn a Trafficking Conviction

Florida fentanyl prosecution is reaching a critical legal turning point. When facing mandatory minimum prison sentences, every word in a state charging document matters—and a landmark decision from Florida’s Sixth District Court of Appeal just proved why.

In George Quinones Santiago v. State of Florida (6D24-1003, July 24, 2026), the appellate court threw out a 20-year prison sentence and ordered a full judgment of acquittal. The reason? The State of Florida charged the defendant with trafficking in fentanyl, but at trial, FDLE chemical analysis proved the substance was actually para-Fluorofentanyl—a distinct fentanyl derivative.

This ruling underscores a fundamental truth in criminal defense: the State must prove the exact offense it alleges in the charging document.

This Week on Drug2go: Comprehensive Fentanyl Defense Resources

This ruling ties directly into the legal guides and tactical breakdowns published on Drug2go this week:

Florida Fentanyl Trafficking Laws & Mandatory Minimum Sentences A complete breakdown of Florida Statute § 893.135, statutory weight thresholds (starting at just 4 grams), and the draconian mandatory minimum prison sentences triggered by trafficking allegations.
Tampa Fentanyl Trafficking Defense & K-9 Traffic Stop Searches An in-depth look at how fentanyl cases frequently originate from roadside K-9 sniffs, vehicle searches, and Fourth Amendment constitutional challenges in Hillsborough and surrounding Tampa Bay courts.
Defending Fentanyl Charges in Hillsborough County A practical guide to fighting felony drug charges, emphasizing independent lab analysis, chemical structure verification, and holding prosecutors accountable to strict statutory definitions.

Case Breakdown: Santiago v. State (Fla. 6th DCA 2026)

The Facts

The case began with a routine traffic stop involving an Uber passenger. After a K-9 unit alerted to the vehicle, deputies searched the passenger’s bag and located a pill bottle containing a white powder. Initial field tests were positive for narcotics. However, subsequent testing by the Florida Department of Law Enforcement (FDLE) crime lab revealed the substance was 6.26 grams of xylazine and para-Fluorofentanyl.

The State’s Charging Mistake

The State filed an Information charging the defendant under § 893.03(2)(b)9. for trafficking in: “Four (4) grams or more, but less than fourteen (14) grams of fentanyl, or a mixture containing fentanyl.”

Under Florida law, standard Fentanyl is categorized as a Schedule II controlled substance (§ 893.03(2)(b)9.). However, para-Fluorofentanyl is a distinct fentanyl derivative, categorized separately under Florida law as a Schedule I controlled substance (§ 893.03(1)(a)62.).

The Trial & Motion for Judgment of Acquittal

At trial, the FDLE senior crime lab analyst explicitly testified on cross-examination that while para-Fluorofentanyl is a synthetic opioid and a “type” of fentanyl, fentanyl and para-Fluorofentanyl have separate chemical structures.

When the State rested, the defense immediately moved for a Judgment of Acquittal (JOA), arguing that the prosecution failed to prove the specific substance alleged in the charging document. Rather than dismissing or amending before resting, the State insisted the two were interchangeable under the statute. The trial court ultimately allowed a post-trial amendment and sentenced the defendant to 20 years in prison with a 7-year mandatory minimum.

The Appellate Ruling

The Sixth DCA reversed the conviction entirely. Writing for the court, Judge Brownlee reinforced settled Florida constitutional law:

Chemical & Statutory Distinction: Florida law treats Schedule II Fentanyl and Schedule I Fentanyl Derivatives under separate statutory sub-subparagraphs. They are legally and chemically distinct.
Failure of Proof: When the State specifies one particular statutory substance, it cannot satisfy its burden of proof by presenting evidence of a different substance at trial.
Entitlement to Acquittal: Because the State presented zero evidence of Schedule II Fentanyl, the defendant was entitled to a judgment of acquittal the moment the State rested its case in chief.

As the court pointedly noted: “Issues like this should be avoided by the State taking a moment to double-check its charging documents.”

What This Means for Your Defense

If you or a loved one is facing fentanyl trafficking charges in Hillsborough County or anywhere in Florida, do not assume the State’s laboratory reports match their formal charges.

Synthetic opioids, analogs, and mixtures are chemically complex. As Santiago v. State demonstrates, prosecutors frequently rush charging documents or mischaracterize lab results. A skilled defense attorney must analyze every lab report, compare the chemical compound to the exact statutory citation in the Information, and hold the State to its constitutional burden.

Fight Back with an Experienced Trial Defense

Fentanyl Charge Defense Attorney Hillsborough County Florida

With decades of experience as a former prosecutor, public defender, and Board Certified Criminal Trial Lawyer, W.F. “Casey” Ebsary Jr. aggressively investigates police procedures, K-9 search validity, and prosecution charging errors.

Phone: (813) 222-2220
Main Office: Tampa, Florida
Resource Center: Drug2go.com

Call 8132222220

Full Text of Fentanyl Lab Test Defense Opinion

SIXTH DISTRICT COURT OF APPEAL STATE OF FLORIDA

_____________________________

Case No. 6D2024-1003

Lower Tribunal No. 2023-CF-007945-A-O

_____________________________

GEORGE QUINONES SANTIAGO,

Appellant,

STATE OF FLORIDA,

Appellee.

_____________________________

Appeal from the Circuit Court for Orange County.

Michael Kraynick, Judge.

July 24, 2026

BROWNLEE, J.

Appellant George Quinones Santiago appeals his conviction for trafficking in four grams or more of a fentanyl derivative. We reverse because the State failed to prove the allegations made in its charging document, and, therefore, Appellant was entitled to a judgment of acquittal.

Background

In June of 2023, Appellant was the backseat passenger in an Uber during a traffic stop. After a K-9 unit alerted to the presence of narcotics, officers ordered

Appellant and the driver out of the car to pat them down for weapons. Because the satchel Appellant was wearing felt heavy, one deputy opened it to see whether it contained a firearm. He found a prescription pill bottle instead. When asked whether he had a prescription for the contents of that bottle, Appellant replied that he did not and explained that he used it for anxiety. The deputy put on gloves, removed the contents of the pill bottle, and performed a field test on a white powdery substance found inside. The presumptive test result was positive for the presence of narcotics.

The Florida Department of Law Enforcement later performed its own analysis of the substance and concluded it was 6.26 grams of xylazine and para-Fluorofentanyl. Section 893.03(1)(a)62. of the Florida Statutes categorizes “para-Fluorofentanyl” as a Schedule I drug.

The State filed an information against Appellant, charging him with Trafficking in Illegal Drugs, in violation of sections 893.135(1)(c)4.a. and 893.135(1)(c)4.b.(I), Florida Statutes. The information specifically alleged Appellant trafficked in “four (4) grams or more, but less than fourteen (14) grams of fentanyl, or a mixture containing fentanyl, a substance controlled by § 893.03(2)(b)9.” Section 893.03(2)(b)9. lists “fentanyl” as a Schedule II drug.

At trial, during its case in chief, the State called the two deputies involved in the traffic stop, as well as the senior crime laboratory analyst from the FDLE who tested the substance in the prescription pill bottle. The analyst testified it was her

duty to test evidence for the presence of controlled substances, to generate reports, and to testify when needed. Her testing for this case revealed the substance was “xylazine and para-Fluorofentanyl of 6.26 plus or minus .20 grams.” She explained that para-Fluorofentanyl is a “very potent synthetic opioid” and is a type of fentanyl. But she clarified on cross-examination that fentanyl and para-Fluorofentanyl have “two separate chemical structures.” She reiterated that testimony on redirect examination and clarified that the two have the “same basic structure, minus the fact that para-Fluorofentanyl has an extra fluorine atom attached to the structure. So they are different chemically, but it is a fentanyl – type of fentanyl.”

After her testimony, the State rested, and Appellant moved for a judgment of acquittal. He argued the State charged Appellant with trafficking in the specific substance listed in section 893.03(2)(b)9., which is “fentanyl,” but the evidence showed the substance in the pill bottle was actually para-Fluorofentanyl, listed in section 893.03(1)(a)62. Appellant argued the two are distinct under Florida law. According to Appellant, the State should have amended the charge to list the substance as para-Fluorofentanyl, and because it never did, he was entitled to a judgment of acquittal.

The State responded that the crime was properly charged because para-Fluorofentanyl is a fentanyl derivative. Under its theory, the substance was a mixture containing fentanyl and had fentanyl properties and, therefore, the State was “good

to go” under the statute. After much carrying on between the parties, the court took the matter under advisement.

It later denied the motion. In doing so, the court considered the evidence in the light most favorable to the State and relied on the FDLE agent’s testimony that the substance analyzed was a type of fentanyl. It then explained section 893.135(1)(c)(4)a., which Appellant was charged with violating, contemplates both fentanyl and fentanyl derivatives, and para-Fluorofentanyl is a fentanyl derivative.

The trial proceeded, and it was then Appellant’s turn to put on his case. Before he did so, Appellant asked the trial court to take judicial notice of section 893.03 of the Florida Statutes, so that, as he put it, the jury could see the hundreds of drugs listed and that they are separate and distinct under the Florida Statutes. Appellant asked that he be allowed to publish the statute to the jury during his case and in closing arguments. The State objected and argued the probative value of the statute would be outweighed by the danger of misleading and confusing the jury. After lengthy argument, the trial court granted the request but limited its notice to only the relevant portions of the statute.

Having lost on that issue, the State asked the court for leave to amend the information, explaining that its listing of fentanyl under section 893.03(2)(b)9. was a scrivener’s error and that the State’s position throughout the case was that the substance was a mixture containing fentanyl. It maintained para-Fluorofentanyl fell

“within the purview” of the statute. Appellant responded that he would be prejudiced by the substantive amendment of the information after the close of the State’s case. The trial court noted the defense received the FDLE report, showing the substance was actually para-Fluorofentanyl, well before trial, so it had plenty of notice of that fact. It further found the information charged a violation of section 893.135(1)(c)4.a., which includes fentanyl and fentanyl derivatives. Finding no prejudice to the defense, the court permitted the State to amend the information. That amended information charged Appellant with trafficking in “four (4) grams or more, but less than fourteen (14) grams of Fentanyl Derivative, or of a mixture containing Fentanyl Derivative, a substance controlled by Florida Statute 893.03(1)(a)62.”

After Appellant testified on his own behalf, the defense rested. Appellant renewed his motion for judgment of acquittal, to no avail. At the conclusion of trial, the jury found Appellant guilty of the crime charged in the amended information—trafficking in four grams or more of a fentanyl derivative. The court sentenced Appellant to twenty years in prison, with a minimum mandatory term of seven years.

Appellant now appeals his judgment and sentence. He raises several arguments for our consideration, but we address only the denial of his motion for judgment of acquittal. Appellant maintains, as he did below, that he was entitled to an acquittal because the State’s evidence showed the substance was para-Fluorofentanyl and not fentanyl, as alleged in the information. The State counters

that there was no error. It asserts any reference to fentanyl rather than para-Fluorofentanyl is a “distinction without a difference” and notes para-Fluorofentanyl is included in the charging statute. Finally, the State relies on the FDLE agent’s testimony that the substance was “a fentanyl.” None of these arguments save the State from its defective charging document.

Standard of Review

We review the denial of a motion for judgment of acquittal de novo. See Vana v. State, 419 So. 3d 1172, 1173 (Fla. 6th DCA 2025). At trial, the State bears the burden to prove “each and every element of the offense charged beyond a reasonable doubt to establish a prima facie case.” Greenwade v. State, 124 So. 3d 215, 220 (Fla. 2013) (citing Baugh v. State, 961 So. 2d 198, 203–04 (Fla. 2007)). Where the prosecution fails to meet this burden, the judgment of acquittal should be granted. Id. “Florida law recognizes that the State has presented sufficient evidence to sustain a conviction if, after viewing the evidence in the light most favorable to the State, a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt.” Id.

Analysis

Count one of the original information charged Appellant with trafficking in four grams or more of fentanyl. According to the jury instructions, in order to prove trafficking in fentanyl, the State had the burden to show: (1) the defendant knowingly

possessed, sold, purchased, manufactured, delivered, or brought into Florida the substance at issue; (2) the substance was a controlled substance; and (3) the substance was a certain weight.

See Johnson v. State

, 287 So. 3d 673, 676 (Fla. 1st

Section 893.135(1)(c)4. identifies those substances that can support a conviction for trafficking in dangerous fentanyl or fentanyl analogues. It provides:

A 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:

(I) Alfentanil, as described in s. 893.03(2)(b) 1.;

(II) Carfentanil, as described in s. 893.03(2)(b) 6.;

(III) Fentanyl, as described in s. 893.03(2)(b) 9.;

(IV) Sufentanil, as described in s. 893.03(2)(b) 30.;

(V) A fentanyl derivative, as described in s. 893.03(1)(a) 62.;

(VI) A controlled substance analog, as described in s. 893.0356, of any substance described in sub-sub-subparagraphs (I)-(V); or

(VII) A mixture containing any substance described in sub-sub-subparagraphs (I)-(VI),

commits a felony of the first degree, which felony shall be known as “trafficking in dangerous fentanyl or fentanyl analogues,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

§ 893.135(1)(c)4., Fla. Stat. (2023).

Because the statute lists the substances in the disjunctive, we view them as

alternative means by which the State may prove trafficking in dangerous fentanyl or

fentanyl analogues. And where a statute lists the various means or methods of

committing an offense in the alternative, the Florida Rules of Criminal Procedure

permit the State to charge the conduct in the alternative.

See

Fla. R. Crim. P.

Florida law has long held, however, that “where an offense may be committed in various ways, the evidence must establish it to have been committed in the manner charged in the indictment. . . . [I]f [only] one of the state of facts is alleged, it cannot be established by proof of the other.” Long v. State, 92 So. 2d 259, 260 (Fla. 1957); see also Eaton v. State, 908 So. 2d 1164, 1165 (Fla. 1st DCA 2005) (“The law is well settled in Florida that where an offense can be committed in more than one way, the trial court commits fundamental error when it instructs the jury on an alternative theory not charged in the information.” (citations omitted)). Indeed, “[n]o principle of criminal law is better settled than that the State must prove the allegations set up in the information or the indictment.” Lewis v. State, 53 So. 2d 707, 708 (Fla. 1951).

In this case, the State narrowed its allegations and specifically identified the controlled substance at issue as “fentanyl, or of a mixture containing fentanyl, a substance controlled by Florida Statute 893.03(2)(b)9.” Thus, at trial, the State had

the burden to prove Appellant knowingly sold, purchased, manufactured, delivered, or brought into the State of Florida four grams or more of fentanyl, as described in section 893.03(2)(b)9. But the State never proved that charge. The State did not present any evidence that the substance deputies seized from Appellant was fentanyl. Rather, the State’s evidence unequivocally showed that substance was para-Fluorofentanyl, a fentanyl derivative. And while the State urges us that this is merely a “distinction without a difference,” the statutes tell a different story.

Fentanyl is identified in section 893.03(2)(b)9., Florida Statutes, as a Schedule II drug. As described in section 893.03(2), a Schedule II substance has “a high potential for abuse[,] . . . a currently accepted but severely restricted medical use in treatment in the United States, and abuse of the substance may lead to severe psychological or physical dependence.” The statute then lists those substances that are controlled in Schedule II, including Fentanyl. See § 893.03(2)(b)9., Fla. Stat. Fentanyl, as described in section 893.03(2)(b)9., is listed in the trafficking statute under section 893.135(1)(c)4.a.(III).

Unlike fentanyl, para-Fluorofentanyl is listed in section 893.03(1)(a)62. as a

Schedule I drug. Section 893.03(1) describes Schedule I substances as those that

have “a high potential for abuse and . . . no currently accepted medical use in

treatment in the United States and in its use under medical supervision does not meet

accepted safety standards.” Subsection 893.03(1)(a)62. lists certain “fentanyl

derivatives,” including but “not limited to: Para-Fluorofentanyl.” § derivatives,” including but “not limited to: Para-Fluorofentanyl.” § derivatives,” including but “not limited to: Para-Fluorofentanyl.” § derivatives,” including but “not limited to: Para-Fluorofentanyl.” §

Once the State charged Appellant with trafficking in fentanyl, “as described in [section] 893.03(2)(b)9.,” it could not satisfy its burden of proof by submitting evidence that Appellant trafficked in a fentanyl derivative, “as described in [section] 893.03(1)(a)62.” See Aaron v. State, 284 So. 2d 673, 677 (Fla. 1973) (“The right of persons accused of serious offenses to know, before trial, the specific nature and detail of crimes they are charged with committing is a basic right guaranteed by our Federal and State Constitutions.”).

Finally, nothing about the FDLE agent’s testimony alters our conclusion. The State urges that the trial court did not err in denying the motion for judgment of acquittal because the agent testified that para-Fluorofentanyl is a type of fentanyl. While that is true, the State overlooks that the FDLE agent later clarified that the two substances have “separate chemical structures.” She stated that para-Fluorofentanyl has an extra fluorine atom attached to the structure, making them “different chemically.” Thus, the totality of her testimony established that the substances are indeed different, as reflected in the statutes.

Conclusion

Here, the State charged Appellant with trafficking in “fentanyl” as “a substance controlled by Florida Statute 893.03(2)(b)9.,” but it offered no evidence of that substance at trial. And, when Appellant moved for a judgment of acquittal based on this failure of proof, the State maintained that the charging document was correct rather than seeking to amend it. Because the State did not present competent substantial evidence of every element charged, Appellant was entitled to a judgment of acquittal the first time that he asked for it. Accordingly, we have no choice but to reverse and remand this case for entry of such judgment.

In conclusion, we echo Judge Guard’s recent observation that “issues like this should be avoided by the State taking a moment to double-check its charging documents.” Facundo v. State, 51 Fla. L. Weekly D1039, D1040 (Fla. 2d DCA May 22, 2026). Indeed, “prosecutors must constantly strive to exert that degree of professional skill and diligence in the preparation of charges and the presentation of evidence in support thereof worthy of the position.” Waterman v. State, 317 So. 2d 469, 469 n.1 (Fla. 4th DCA 1975).

REVERSED and REMANDED.

NARDELLA and GANNAM, JJ., concur.

Laura L. Cepero, of Law Office of Lindsay Chase, Hollywood, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Roberts J. Bradford, Jr., Senior Assistant Attorney General, Daytona Beach, for Appellee.

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF TIMELY FILED

Florida Court Tosses Evidence Due to Unnecessary K-9 Traffic Stop Delay

W.F. ''Casey'' Ebsary Jr. — Sat, 25 Jul 2026 12:06:09 GMT

Florida Court Quashes Evidence Due to Unnecessary K-9 Traffic Stop Delay

In a pivotal ruling for criminal defense rights, the Florida Fifth District Court of Appeal issued its opinion in Hudson v. State (Case No. 5D2025-1286, July 24, 2026), addressing the critical boundaries of police authority during routine traffic stops. The appellate decision reinforces established constitutional limits, confirming that law enforcement officers cannot impermissibly prolong a traffic detention to await or perform a narcotics dog sniff without independent reasonable suspicion.

Facts of the Case: Hudson v. State

Nicholas Jamal Hudson was riding as a passenger in a vehicle subjected to a traffic stop in Marion County, Florida. Approximately four minutes into the stop, the pulling officer radioed for a K-9 narcotics unit. Although the K-9 unit arrived promptly, ten minutes and twenty seconds elapsed post-stop before the exterior drug sniff commenced.

Following the dog’s alert, officers searched the vehicle and discovered contraband, leading to criminal charges against Hudson. Hudson entered a no-contest plea while reserving his right to appeal the trial court’s denial of his motion to suppress the evidence, acknowledging that the suppression motion was dispositive of the prosecution.

The Court’s Legal Analysis

Writing for the Fifth DCA, Judge Edwards highlighted the governing principles established in precedent such as Illinois v. Caballes and Whitfield v. State. While law enforcement may utilize a drug-detection dog around the exterior of a vehicle during a lawful stop, that search must be completed within the time strictly necessary to execute routine traffic tasks. These permissible tasks include checking driver licenses, verifying registration, conducting warrant checks, and issuing a traffic ticket or warning.

In Hudson’s case, the State of Florida presented no evidence to explain or justify why more than ten minutes passed prior to the dog sniff. The officer failed to issue a traffic citation and could not confirm whether a written warning was ever drafted. Because the traffic stop was unnecessarily prolonged, the appellate court reversed the trial court’s ruling and quashed the order denying Hudson’s motion to suppress.

Judicial Concurrence Highlights the Prosecution’s Burden

In a separate concurring opinion, Judge Eisnaugle emphasized the strict burden of proof placed on the State during motion to suppress hearings involving warrantless searches. Citing the landmark decision Rodriguez v. United States, Judge Eisnaugle explained that a dog sniff that prolongs a stop beyond its routine administrative purpose results in an unlawful seizure.

Because law enforcement searched the vehicle without a warrant, the legal burden shifted to the State to prove that the evidence was obtained lawfully. Because the evidentiary record contained no details showing whether the officer was actively investigating the traffic infraction or simply idling while waiting for the dog unit, the State failed to meet its evidentiary burden.

Practical Implications for Tampa Bay Residents

This appellate decision provides a vital defense mechanism for individuals facing drug charges originating from traffic stops across Tampa and Hillsborough County. If law enforcement detains you on the roadside while delaying routine paperwork to coordinate a K-9 search, your Fourth Amendment rights may have been violated.

For expert assistance reviewing search procedures and filing motions to suppress illegally obtained evidence, contact Board-Certified Criminal Trial Specialist W.F. Casey Ebsary Jr. today at 813-222-2220 or visit Drug2Go Legal Defense to schedule a consultation.

https://flcourts-media.flcourts.gov/content/download/2492827/opinion/Opinion_2025-1286.pdf

Full Text of Opinion

DogSniffOpinion_2025-1286 Download

FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA

Case No. 5D2025-1286
LT Case No. 42-2024-CF-1010-A

NICHOLAS JAMAL HUDSON,
Appellant,

STATE OF FLORIDA,
Appellee.

On appeal from the Circuit Court for Marion County.
Barbara Kissner, Judge.

Matthew J. Metz, Public Defender, and Evan Altes, Assistant
Public Defender, Daytona Beach, for Appellant.

James Uthmeier, Attorney General, Tallahassee, and Tabitha
Mills, Assistant Attorney General, Daytona Beach, for Appellee.

July 24, 2026

EDWARDS, J.

Nicholas Jamal Hudson, (“Appellant”) appeals his conviction
and the denial of his motion to suppress evidence obtained
following a traffic stop of the vehicle in which he was riding as a
passenger.¹ Appellant claims that the officer impermissibly and
unnecessarily prolonged the traffic stop for the purpose of
summoning a K-9 team to the scene to conduct a drug detection
sniff around the exterior of the car. Appellant points out that the
officer radioed for the K-9 team approximately four (4) minutes
after the stop was initiated, the K-9 arrived very quickly
thereafter; however, a total of ten (10) minutes and twenty (20)
seconds elapsed post-stop before the K-9 exterior sniff of the car
began.

“It is well established that the use of a narcotics dog to sniff a
vehicle does not constitute a search and may be conducted during
a consensual encounter or traffic stop.” Whitfield v. State, 33 So.
3d 787, 790 (Fla. 5th DCA 2010) (citing Illinois v. Caballes, 543
U.S. 405, 407 (2005)). “However, absent an articulable suspicion
of criminal activity, the time an officer takes to issue a citation
should last no longer than is necessary to make any required
license or registration checks and to write the citation.” Id. (citing
Maxwell v. State, 785 So. 2d 1277 (Fla. 5th DCA 2001) (additional
citations omitted)).² “[T]he canine search of the exterior of the
vehicle must be completed within the time required to issue a
citation.” Id. (citing Eldridge v. State, 817 So. 2d 884, 887 (Fla. 5th
DCA 2002)).

The State offered no evidence to justify the length of time that
expired between the traffic stop and the K-9 walk around. The
officer who stopped the vehicle did not issue a traffic ticket and
couldn’t recall whether he issued a written warning to the driver.
We agree that the traffic stop was improperly and unnecessarily
prolonged. Accordingly, we quash the order denying Appellant’s
motion to suppress.

REVERSED and REMANDED.

HARRIS, J., concurs.
EISNAUGLE, J., concurs with opinion.

¹ Appellant entered a no contest plea to the multiple charges
lodged against him, which were based on contraband seized
following the K-9 walk around. He reserved the right to appeal the
denial of his motion to suppress, which was acknowledged below
as dispositive.

² It is also appropriate for the officer to take time during the
stop to determine if the driver or any passenger has any
outstanding warrants. Vangansbeke v. State, 223 So. 3d 384, 386
(Fla. 5th DCA 2017).

Case No. 5D2025-1286
LT Case No. 42-2024-CF-1010-A

EISNAUGLE, J., concurring.

I concur in the majority’s decision because the State failed to
carry its burden at the suppression hearing.

“[A] seizure that is lawful at its inception can violate the
Fourth Amendment if its manner of execution unreasonably
infringes interests protected by the Constitution.” Illinois v.
Caballes, 543 U.S. 405, 407 (2005). For that reason, “[a] dog-sniff
that prolongs a traffic stop… results in an unlawful seizure in
violation of the Fourth Amendment absent reasonable suspicion to
prolong the stop.” Vangansbeke v. State, 223 So. 3d 384, 386 (Fla.
5th DCA 2017) (citing Rodriguez v. United States, 575 U.S. 348
(2015)). “The inquiry is whether the dog-sniff prolonged the stop
beyond the necessary time to conduct the normal inquiries incident
to a traffic stop—such as determining whether the driver and
passengers have outstanding warrants and to issue a traffic
citation or warning.” Id.

With no search warrant to authorize the search, “the state
was obliged at the suppression hearing to demonstrate that the
evidence sought to be suppressed was lawfully obtained.” Beasley
v. State, 939 So. 2d 220, 220-21 (Fla. 1st DCA 2006); see also State
v. Gay, 823 So. 2d 153, 154 (Fla. 5th DCA 2002) (recognizing that
when no search warrant has been issued, the state has the burden,
on a motion to suppress, to establish that the evidence sought to
be suppressed was obtained lawfully); State v. Setzler, 667 So. 2d
343, 345 (Fla. 1st DCA 1995) (same). “As a practical matter,
absence of a search warrant in the court file suffice[s] to shift the
burden of going forward to the prosecution.” Setzler, 667 So. 2d at

There is no warrant in this case. The State therefore had the
burden of proof below.

As the majority observes, our record contains no evidence
establishing what transpired between the initiation of the traffic
stop and the dog sniff. We do not know whether the officer was
investigating the traffic infraction, preparing a warning, or simply
waiting for the K-9 unit. See Jones v. State, 187 So. 3d 346, 348
(Fla. 4th DCA 2016) (finding a Fourth Amendment violation where
“the officer abandoned his reason for the traffic stop (writing the
seatbelt citation) and instead chose to conduct the sniff of
Defendant’s vehicle”). Because the State failed to establish that
the stop remained lawful at the time of the sniff, we must reverse.

Fentanyl Charges in Hillsborough County, Fl

W.F. ''Casey'' Ebsary Jr. — Sat, 25 Jul 2026 11:21:11 GMT

Facing Fentanyl Charges in Hillsborough County, FL (2025)?

Facing Fentanyl charges in Hillsborough County demands immediate legal action from a skilled Florida drug defense attorney. Whether accused of Fentanyl possession or the much more severe charge of Fentanyl trafficking, the potential consequences under Florida law are devastating. Mandatory minimum sentences tied to specific weights mean even small amounts can trigger years in prison, making experienced legal counsel essential. The synthetic opioid nature of Fentanyl contributes to its danger and the state’s aggressive prosecution.

Introduction: The Alarming Rise of Fentanyl Charges in Hillsborough County

If you or a loved one has been arrested for a Fentanyl-related offense in Hillsborough County, Florida, you are facing one of the most serious legal challenges imaginable. In 2025, Florida law enforcement and prosecutors are aggressively targeting the possession, distribution, and trafficking of Fentanyl due to its extreme potency and devastating impact on communities. A conviction carries severe penalties, including lengthy mandatory minimum prison sentences, substantial fines, and a permanent criminal record that can shatter your future.

Get Aggressive Defense Now! | W.F. “Casey” Ebsary Jr.

The stakes are incredibly high. You need immediate, experienced, and aggressive legal representation from an attorney who understands Florida’s complex drug laws and the specific landscape of the Hillsborough County criminal justice system.

My name is W.F. “Casey” Ebsary Jr., and I am a criminal defense attorney dedicated to protecting the rights of individuals facing serious drug charges right here in Tampa and throughout Hillsborough County. We understand the fear and uncertainty that accompany a Fentanyl arrest. We are here to provide the powerful defense you need. Don’t face the power of the state alone. Call me immediately at 813-222-2220 for a confidential consultation.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

What is Fentanyl and Why is it So Dangerous?

Fentanyl is a synthetic opioid approved for treating severe pain, typically advanced cancer pain. However, its illicit manufacturing and distribution have caused a public health crisis. According to the U.S. Drug Enforcement Administration (DEA), Fentanyl is 50 to 100 times more potent than morphine and significantly stronger than heroin. Source: DEA – Fentanyl Facts

This extreme potency means even microscopic amounts can be lethal. Many individuals arrested for Fentanyl possession or trafficking may not even realize the substance they have contains Fentanyl, as it’s often mixed with other drugs like heroin, cocaine, methamphetamine, or pressed into counterfeit pills mimicking prescription opioids or benzodiazepines. This significantly increases the risk of accidental overdose and death. Source: CDC – Fentanyl Facts

Because of this danger, Florida lawmakers have enacted some of the toughest Fentanyl laws in the nation, focusing on harsh penalties even for relatively small amounts, particularly under trafficking statutes.

Fentanyl Laws in Florida (2025) – Possession vs. Trafficking

Florida Statutes Chapter 893 governs drug abuse prevention and control. Understanding the specific charges you face is critical. In Hillsborough County, Fentanyl cases typically fall into two main categories: Possession and Trafficking.

Possession of Fentanyl (Florida Statute § 893.13):
- It is illegal for any person to be in actual or constructive possession of a controlled substance, including Fentanyl, unless obtained legally via a valid prescription.
- Actual Possession: The drug is found directly on your person (e.g., in your pocket, hand).
- Constructive Possession: The drug is found in a place over which you have control (e.g., your car, your room), and you knew it was there and knew it was illicit. Constructive possession cases often involve multiple people and require the prosecution to prove your specific knowledge and control, which can be a key area for defense.
- Simple possession of any amount of Fentanyl (without intent to sell or traffic) is typically charged as a third-degree felony.
Trafficking in Fentanyl (Florida Statute § 893.135(1)(c)):
- This is where Florida law becomes exceptionally severe. Trafficking charges are not based on proving an intent to sell or distribute; they are triggered solely by the weight of the mixture containing Fentanyl.
- The thresholds are alarmingly low, and the penalties include significant mandatory minimum prison sentences, meaning a judge has little to no discretion to sentence below these minimums unless specific legal exceptions apply (like providing substantial assistance or qualifying for a drug court program, which is often difficult in trafficking cases).
- These are first-degree felonies.

Understanding Mandatory Minimum Sentences

Mandatory Minimum

Sentences Fentanyl

Mandatory minimum sentences are a cornerstone of Florida’s aggressive stance against Fentanyl trafficking. It’s crucial to understand what they mean:

No Judicial Discretion (Generally): If convicted of trafficking based on weight, the judge must impose at least the minimum prison sentence prescribed by law.
No Gain Time: Often, mandatory minimum sentences must be served day-for-day, without the possibility of early release through “gain time” that might apply to other sentences.
Harsh Reality: Even for first-time offenders, a conviction for trafficking a relatively small amount of Fentanyl mixture can lead to years or even decades in state prison.

Florida Fentanyl Penalties Table (2025 – Based on Florida Statute § 893.13 & § 893.135)

Offense	Statute	Felony Degree	Mandatory Minimum Prison	Maximum Prison	Maximum Fine
Possession of Fentanyl (any amount)	§ 893.13	Third Degree	None	5 Years	$5,000
Sale/Manufacture/Delivery (or Poss w/ Intent)	§ 893.13	Second Degree	None	15 Years	$10,000
Trafficking in Fentanyl (4g – < 14g)	§ 893.135(1)(c)1	First Degree	3 Years	30 Years	$50,000
Trafficking in Fentanyl (14g – < 28g)	§ 893.135(1)(c)2	First Degree	15 Years	30 Years	$100,000
Trafficking in Fentanyl (28g or more)	§ 893.135(1)(c)3	First Degree	25 Years	30 Years	$500,000
Capital Importation (Specific Circumstances)	§ 893.135(1)(d)	Capital Felony	Life / Death Penalty	—	—
Murder Resulting from Unlawful Distribution	§ 782.04(1)(a)3	First Degree Murder	Life / Death Penalty	—	—

(Note: This table is for informational purposes. Penalties can be enhanced based on prior record, location of offense (near school/park), use of a firearm, etc. Always consult with an attorney for specifics related to your case.) [Source: Florida Legislature Statutes]

The Hillsborough County Context: Aggressive Enforcement

Hillsborough County, encompassing Tampa, Brandon, Plant City, and surrounding areas, is not immune to the Fentanyl crisis. The Hillsborough County Sheriff’s Office (HCSO) and the Tampa Police Department (TPD) work aggressively, often in conjunction with state and federal agencies like the Florida Department of Law Enforcement (FDLE) and the DEA, to investigate and arrest individuals involved with Fentanyl.

The State Attorney’s Office for the 13th Judicial Circuit (Hillsborough County) takes these cases extremely seriously. Prosecutors are often instructed to seek stiff penalties, including mandatory minimum sentences, particularly in trafficking cases. They have significant resources and are experienced in building cases involving confidential informants, undercover operations, surveillance, and complex forensic evidence.

Facing these combined forces without skilled legal counsel is a perilous mistake. You need an attorney who regularly practices in Hillsborough County courts, knows the prosecutors and judges, and understands the specific procedures and tendencies within this jurisdiction.

Your Rights Matter: What to Do If Arrested for Fentanyl

If you are stopped, questioned, or arrested for a Fentanyl offense in Hillsborough County, remember these critical points:

Exercise Your Right to Remain Silent: You are not required to answer questions, explain yourself, or make any statements to law enforcement. Politely state, “I am exercising my right to remain silent, and I want to speak with my attorney.” Anything you say can and will be used against you. Don’t try to talk your way out of it; you will likely only make things worse.
Demand an Attorney Immediately: Clearly state that you want a lawyer. Once you invoke this right, police questioning related to the crime should cease until your attorney is present.
Do Not Consent to Searches: Police generally need a warrant, probable cause, or your consent to search you, your vehicle, or your home. Do not give consent. If police claim they have the right to search anyway, do not physically resist, but clearly state, “I do not consent to this search.” This preserves your ability to challenge the legality of the search later.
Be Polite but Firm: Do not argue, resist arrest, or be combative. Comply with lawful commands (like providing identification), but do not volunteer information or consent to searches.
Contact Casey Ebsary Immediately: The sooner you have an experienced attorney involved, the better. Call 813-222-2220. We can intervene early, potentially speak with investigators, represent you at first appearance and bond hearings, and begin building your defense strategy.

Potential Defenses Against Fentanyl Charges

An arrest does not automatically mean a conviction. There are numerous potential defenses to Fentanyl possession and trafficking charges. An experienced attorney like Casey Ebsary will thoroughly investigate the facts of your case to identify weaknesses in the prosecution’s evidence and potential violations of your rights. Common defense strategies include:

Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights by searching you, your car, or your property without a valid warrant, probable cause, or another legal exception, the evidence obtained (the Fentanyl) may be suppressed, potentially leading to dismissal of the charges.
Lack of Knowledge: The prosecution must prove you knew the substance was present and knew it was illegal. If Fentanyl was found in a shared space (like a car with multiple occupants or a common area of a home) and you were unaware of its presence, this can be a defense.
Constructive Possession Issues: In cases where you weren’t in actual possession, the state must prove both knowledge of the drug’s presence and dominion and control over it. We can challenge whether the state can meet this burden.
Problems with the Substance: Was the substance properly tested? Was the chain of custody maintained? Were the lab procedures valid? Mistakes in handling or testing evidence can create reasonable doubt.
Entrapment: If law enforcement induced you to commit a crime you otherwise wouldn’t have committed, entrapment may be a defense. This is complex and requires specific circumstances.
Valid Prescription: While rare for illicit Fentanyl, if you had a legitimate prescription, this is an absolute defense to simple possession.
Substantial Assistance: In some trafficking cases, providing significant information to law enforcement about other criminal activity might lead prosecutors to request a waiver or reduction of the mandatory minimum sentence. This is a risky path that should only be considered after careful consultation with your attorney.
Challenging the Weight: Since trafficking charges hinge on weight, accurately determining the weight of the mixture containing Fentanyl (not just the pure Fentanyl) is crucial. Defense investigation may challenge the state’s weight measurements.

Helpful Table: Potential Defense Angles

Defense Category	Description	Potential Outcome if Successful
Constitutional Rights	Illegal stop, search, seizure; Miranda violations; denial of counsel.	Suppression of evidence; Dismissal
Evidentiary Issues	Chain of custody problems; lab errors; insufficient proof of knowledge or possession; challenging weight.	Acquittal; Reduced charges
Factual Defenses	Alibi; mistaken identity; drugs belonged to someone else; lack of knowledge/control; valid prescription.	Acquittal; Dismissal
Affirmative Defenses	Entrapment; necessity (rare).	Acquittal
Mitigation Strategies	Substantial assistance; negotiation for lesser charges; drug court eligibility (limited in trafficking).	Reduced sentence; Alternative sentence

Why Choose W.F. “Casey” Ebsary Jr. for Your Hillsborough County Fentanyl Defense?

Fentanyl Charges in Hillsborough

When your freedom and future are on the line, you cannot afford to settle for inexperienced or overworked representation. You need a dedicated advocate who will fight tirelessly for you. Here’s why clients choose Casey Ebsary:

Extensive Experience: I have years of experience defending clients against serious drug charges. I defend Complex Fentanyl possession and trafficking cases, in Hillsborough County and throughout Florida.
Local Knowledge: Practicing regularly in the 13th Judicial Circuit means I understand the local court system, the judges, the prosecutors, and the specific approaches taken in Hillsborough County drug cases. This local insight is invaluable.
Aggressive Defense Strategy: We don’t just wait for the prosecution to act. We proactively investigate your case, scrutinize the evidence, file motions to suppress illegally obtained evidence, and prepare meticulously for negotiation or trial.
Client-Focused Approach: We know this is a stressful and terrifying time. We provide personalized attention, keep you informed every step of the way, and are always available to answer your questions and address your concerns. Your case is our priority.
Proven Track Record: While no attorney can guarantee results, we have a history of achieving favorable outcomes for clients facing serious drug charges, including dismissals, reduced charges, avoidance of mandatory minimums, and acquittals at trial.
Understanding the Science: Fentanyl cases often involve complex forensic evidence. We work with experts when necessary to challenge lab reports, weight measurements, and other scientific aspects of the prosecution’s case.

How Casey Ebsary Can Fight Your Fentanyl Charges:

Immediate Intervention: Getting involved early allows us to protect your rights from the outset, potentially influence charging decisions, and argue for reasonable bond conditions.
Thorough Investigation: We don’t just rely on the police reports. We conduct our own investigation, interview witnesses, and gather evidence that may support your defense.
Challenging Illegal Police Conduct: We meticulously review the circumstances of your arrest, search, and questioning to identify any constitutional violations that could lead to evidence suppression.
Negotiating with Prosecutors: Leveraging our knowledge of the law, the facts of your case, and the local system, we negotiate forcefully with the State Attorney’s Office seeking dismissal, reduced charges, or alternatives to incarceration.
Fighting Mandatory Minimums: We explore every legal avenue to challenge the applicability of mandatory minimum sentences or seek grounds for departure, including statutory exceptions or substantial assistance agreements (when appropriate and in your best interest).
Trial Readiness: If a fair resolution cannot be reached through negotiation, we are experienced trial lawyers ready to vigorously defend you before a judge and jury.

Drug2Go.com

2102 W Cleveland St
Tampa, Florida 33606
Phone: 813-222-2220
Email: centrallaw@gmail.com

Navigating Serious Fentanyl Charges in Hillsborough County, Florida

Understanding the difference between actual and constructive possession is key, as are the specific weight thresholds for trafficking charges (4g, 14g, 28g). An effective defense attorney serving Hillsborough County will scrutinize every aspect of your case, from the initial stop and search to the forensic testing of the alleged Fentanyl. Potential defenses against drug charges include challenging illegal searches, questioning evidence handling, and disputing the prosecution’s ability to prove knowledge or control.

Don’t delay; the penalties for Fentanyl convictions are too high. Contacting a lawyer familiar with Hillsborough County courts and Florida statutes regarding Fentanyl is the most crucial step in protecting your rights and future when facing these serious drug crimes. Your choice of defense attorney can significantly impact the outcome of your Fentanyl case.

Frequently Asked Questions (Q&A) About Fentanyl Charges in Hillsborough County

What’s the difference between Fentanyl possession and trafficking in Florida?

Possession generally refers to having a small amount for personal use (a third-degree felony). Trafficking is based purely on the weight of the substance (or mixture containing it) – 4 grams or more – and carries mandatory minimum prison sentences, charged as a first-degree felony. Intent to sell isn’t required for a trafficking charge based on weight.

I didn’t know the drugs contained Fentanyl. Is that a defense?

Potentially, but it’s complex. Lack of knowledge can be a defense, but the prosecution may argue you knew you possessed an illicit substance, even if you didn’t know its exact composition. An attorney needs to evaluate the specific facts to see if this defense applies.

What does “mandatory minimum” really mean for Fentanyl trafficking?

It means if you are convicted of trafficking based on the weight thresholds (4g, 14g, or 28g+), the judge must sentence you to at least the minimum prison term specified by law (3, 15, or 25 years, respectively), often without the possibility of early release or gain time.

Can Fentanyl trafficking charges be reduced?

Possibly. An experienced attorney can negotiate with prosecutors, potentially highlighting weaknesses in the case, constitutional issues, or mitigating factors. Reduction might involve pleading to a lesser offense (like possession with intent) or, in rare cases, qualifying for a departure from the mandatory minimum through substantial assistance or specific statutory exceptions.

What if the Fentanyl wasn’t mine, but it was found in my car/house?

This relates to “constructive possession.” The prosecution must prove you knew the Fentanyl was there AND had dominion and control over it. If others had access, or if it was hidden without your knowledge, this can be a strong defense. We would fight to show the state cannot meet its burden of proof.

Should I talk to the police or detectives investigating my Fentanyl case?

Absolutely not without your attorney present. Police are trained to gather incriminating evidence. Anything you say can be twisted and used against you. Politely invoke your right to remain silent and your right to counsel. Call Casey Ebsary at 813-222-2220 immediately.

How much does it cost to hire an attorney for a Fentanyl case?

Legal fees vary depending on the complexity of the case (possession vs. trafficking, need for experts, potential for trial). We offer a confidential initial consultation to discuss your case and our fee structure, which often involves a flat fee for different stages of representation. Investing in a skilled private attorney is crucial given the severe potential penalties.

Can I get drug court for a Fentanyl charge in Hillsborough County?

Eligibility for drug court is often limited, especially for trafficking offenses or if you have a significant prior record. Simple possession cases may have a better chance. We can explore all diversionary programs and alternatives to incarceration for which you might qualify.

What happens at the first appearance/arraignment for a Fentanyl charge?

At the first appearance (usually within 24 hours of arrest), the judge determines probable cause and sets bond. At the arraignment, the formal charges are read, and you enter a plea (typically “not guilty” at this stage). Having an attorney present at these early stages is vital.

Why is hiring a local Hillsborough County attorney like Casey Ebsary important?

Local attorneys understand the specific procedures, personnel (judges, prosecutors, court staff), and unwritten rules of the Hillsborough County courthouse. This familiarity can be a significant advantage in navigating your case effectively, negotiating plea deals, and presenting your case at trial.

Take Action Now: Your Future Depends On It

A Fentanyl charge in Hillsborough County is not something to take lightly or delay addressing. The consequences of a conviction are life-altering. You need to act decisively to protect yourself.

Contact Casey the Lawyer Today for Immediate Help

Don’t wait for the prosecution to build its case against you. Reach out to W.F. “Casey” Ebsary Jr. now. You can find detailed contact information, including an online form and office location, on our dedicated contact page: https://drug2go.com/contact-casey-the-lawyer/. Visiting this page is the first step towards getting the dedicated legal support you need. We offer confidential consultations to discuss the specifics of your situation, explain your rights, and outline how we can build a strong defense strategy tailored to your unique circumstances. Every moment counts when facing serious charges like Fentanyl possession or trafficking.

Call to Action: Protect Your Freedom – Call 813-222-2220

Your freedom, your reputation, and your future are on the line. Don’t gamble with inexperienced representation or try to navigate the complex legal system alone.

Call W.F. “Casey” Ebsary Jr. right now at 813-222-2220.

We are available 24/7 to take your call. Schedule your confidential, no-obligation consultation today. Let us put our experience and knowledge of the Hillsborough County courts to work fighting for you.

Call 8132222220

Tampa Drug Court Lawyer Explains Florida Drug Court Agreements

W.F. ''Casey'' Ebsary Jr. — Sat, 04 Jul 2026 12:36:46 GMT

Watch: Drug Court Explained (Tampa Defense Perspective)

📺 Video – What do you do in drug court specialty court treatment program in Hillsborough County, Florida?

Drug2Go.com – Law Office of W.F. “Casey” Ebsary Jr
📞 Call Now: 813-222-2220

Drug Court agreements in Florida are binding court-supervised contracts that can significantly impact your criminal case, probation terms, and long-term record exposure. Before signing, you should fully understand what these agreements require and how violations are handled in practice.

You can learn more about my background as a Tampa criminal defense attorney here:
👉 https://drug2go.com/about/
Or contact my office directly here:
👉 https://drug2go.com/contact/

For broader criminal defense context, you can also review my drug crimes defense resources:
👉 https://drug2go.com/blog/

What Is a Florida Drug Court Agreement?

A Drug Court agreement is a written legal contract that requires a defendant to comply with court-ordered treatment, drug testing, counseling, and supervision conditions. It is not voluntary treatment in the traditional sense—it is a structured legal program enforced by a judge.

Drug Court often overlaps with serious drug charges, including cases involving possession of controlled substances, which you can learn more about here:
👉 https://drug2go.com/blog/tampa-drug-possession-attorney/

It may also intersect with allegations involving intent to sell or distribute controlled substances, which are discussed here:
👉 https://drug2go.com/blog/tampa-intent-to-sell-lawyer/

Why Are Defendants Offered Drug Court in Tampa?

Drug Court is typically offered when the court believes substance use is a contributing factor in the alleged offense and that treatment may reduce future criminal behavior. However, eligibility is always determined by the court and may depend on charge severity, prior record, and prosecutorial approval.

These offers often arise in cases involving serious allegations such as drug trafficking, which is discussed in more detail here:
👉 https://drug2go.com/blog/tampa-drug-trafficking-attorney/

They may also involve cases involving fentanyl-related charges, which are explained here:
👉 https://drug2go.com/blog/tampa-fentanyl-trafficking-attorney/

What Does a Drug Court Program Require?

Most Drug Court programs include structured requirements that must be completed over multiple phases. These typically include frequent court appearances, counseling, drug testing, and compliance with supervision rules.
Drug Court participation often connects directly with broader defense strategies involving drug charges, which are covered in my drug crimes practice area overview:
👉 https://drug2go.com/blog/

In many cases, the evidence used in Drug Court-related prosecutions is challenged through illegal search and seizure defenses, which you can read about here:
👉 https://drug2go.com/blog/illegal-search-and-seizure-florida-drug-cases/

How Do Drug Court Phases Work?

Drug Court programs are usually divided into phases that gradually reduce supervision as the participant demonstrates compliance and stability. Early phases are highly structured, while later phases focus more on relapse prevention and long-term recovery planning.

These phased systems often run parallel to probation supervision and broader criminal defense strategies discussed throughout my site here:
👉 https://drug2go.com/blog/

What Happens If You Violate Drug Court Rules?

Violations of Drug Court conditions can result in sanctions ranging from increased supervision to incarceration depending on the severity of the violation. The judge has broad discretion to enforce compliance. Violations often occur in cases involving underlying drug offenses such as possession or trafficking cases discussed here:

👉 https://drug2go.com/blog/tampa-drug-possession-attorney/
👉 https://drug2go.com/blog/tampa-drug-trafficking-attorney/

Search and seizure issues may also become relevant if evidence is challenged:
👉 https://drug2go.com/blog/illegal-search-and-seizure-florida-drug-cases/

What Are the Financial Requirements of Drug Court?

Drug Court programs often require participants to pay administrative fees, testing costs, and treatment-related expenses. These costs are mandatory in many jurisdictions and continue throughout participation.

Financial obligations can become significant depending on case duration and program phase, which is why reviewing your case early with counsel is important.

To discuss your case directly, you can contact my office here:
👉 https://drug2go.com/contact/

Can You Travel While in Drug Court?

Most Drug Court agreements restrict travel outside the jurisdiction without prior approval from the court or probation officer. Unauthorized travel can be treated as a violation of program conditions. Travel restrictions are commonly imposed in cases involving serious drug charges, including those outlined in my drug possession defense practice area:
👉 https://drug2go.com/blog/tampa-drug-possession-attorney/

What Happens After Completing Drug Court?

Successful completion of Drug Court may result in reduced penalties, modified probation, or other favorable outcomes depending on the underlying charge and court structure. However, outcomes are always determined by the court and are not guaranteed.

Drug Court vs Traditional Criminal Case

Option	Structure	Risk Level	Outcome
Drug Court	Treatment + supervision	High compliance burden	Possible reduced penalties
Criminal Case	Sentencing / probation	Fixed exposure	Predictable penalties

Drug Court may be beneficial in some cases, but traditional defense strategies may be more appropriate depending on the facts of your case.

Why Legal Review Before Signing Matters

Drug Court agreements are legally binding court orders that can significantly impact your freedom, probation obligations, and long-term criminal record exposure. Once signed, you are expected to comply with all terms under court supervision.

Before entering any agreement, I strongly recommend reviewing your case here:
👉 https://drug2go.com/about/
👉 https://drug2go.com/contact/

Official Resources

Florida Courts: https://www.flcourts.gov/
Florida Statutes (Justia): https://law.justia.com/codes/florida/
Florida Department of Corrections: https://www.dc.state.fl.us/

Speak With a Tampa Drug Court Defense Lawyer

Drug Court may offer an opportunity for treatment-based resolution, but it also imposes strict legal obligations that must be fully understood before signing.

📞 Call 813-222-2220

👉 https://drug2go.com/about/
👉 https://drug2go.com/contact/
👉 https://drug2go.com/blog/
👉 https://drug2go.com/blog/tampa-drug-possession-attorney/
👉 https://drug2go.com/blog/tampa-drug-trafficking-attorney/
👉 https://drug2go.com/blog/illegal-search-and-seizure-florida-drug-cases/

Drug Court Agreement | Contract | Sample

Drug Court Contract

Tampa, Florida Drug Defense Attorney has reviewed and now publishes a typical Drug / DUI Court Agreement presented to defendants in at least one Florida County.

Drug Court Questions? Call Me Toll Free 1-813-222-2220

The text of the agreement is below:

XXXX COUNTY DRUG COURT DUI DRUG COURT PROGRAM’S COORDINATED STRATEGY

AGREEMENT, ORIENTATION, AND RULES

This AGREEMENT is entered into this day, by the Client who agrees that:

The Client meets the criteria and is qualified for admission to the DUI Drug Court Program (hereinafter, the Program). And it is in the Client’s best interest to enter into this Agreement.

The Misdemeanor Client shall participate in the Program for a minimum of twelve (12) consecutive months. In accordance with the terms and conditions set forth herein. The Felony Client shall participate in the Program for a minimum of twenty-four (24) months. The Program shall consist of:

A. Phase I Requirements: Duration — MM (14 Weeks): Felony (28 Weeks)

1) Bi-weekly (every other week) court appearances.

2) Attend a minimum of 2 hours of group and/or individual therapy sessions. 1 time per week.
3) Attend a minimum of 4 AA/NA meetings per week. Additional meetings may he. required upon treatment provider recommendation.
4) Submit to random alcohol/drug screens, Client must call the Color Line daily at (863) 534-5828.

5) Comply with any additional requirements recommended by the treatment provider.

6) Defendant will be responsible for all costs associated with the DUI Court Program.

B. Phase II Requirements: Duration — MM (22 Weeks)~ Felony (44 Weeks)

1) Bi-weekly (every other week) court appearances.

2) Attend a minimum of 2 hours of group and/or individual therapy sessions, I time per week.
3) Attend a minimum of 3 AN/NA meetings per week. Additional meetings may be required upon treatment provider Recommendation.
4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (863) 534-5828.

5) Comply with any additional requirements recommended by treatment provider.

6) Defendant will be responsible for all costs associated with the DUI Court Program.

7) There will be NO entry into Phase III until a sponsor has been obtained.

C. Phase III Requirements: Duration — MM (16 weeks); Felony (32 Weeks)

1) Minimum monthly court appearances.

2) Attend a minimum of 2 hours of group and/or individual therapy sessions, biweekly.
3) Attend a minimum of 3 AA/NA meetings per week. Additional meetings may be required upon treatment provider Recommendation.
4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (863) 534-5828.

5) Comply with any additional requirements recommended by the treatment provider.
6) Relapse prevention will be an essential element of Phase 111 treatment and shall be addressed for at least 1 hour during the Group and/or individual sessions.
7) Maintain frequent contact with sponsor.

8) Develop an aftercare plan.

9) Defendants will be responsible for all costs associated with the DUI Court Program.

DUI Drug Court Clients who are on periods of probation longer than twelve (12) or Twenty-lour (24) months may, at the discretion of the Court or Probation, be extended in the Program for a period not to exceed the term of their probation. The Program shall consist of:

A. Phase IV Requirements (for those on extended probation): Duration — not To exceed term of probation

1) Minimum monthly court appearances.

2) Attend a minimum of 1 half hour individual therapy session per month.
3) Attend a minimum of 3 AA/NA meetings per week. Additional meetings may be required upon treatment provider Recommendation.
4) Submit to random alcohol/drug screens. Client must call the Color Line daily at (XXX) YYY-ZZZZ.

5) Comply with any additional requirements recommended by the treatment provider.

6) Relapse Prevention will be a continuing element of Phase IV treatment and shall be addressed in individual therapy.

7) Continue to maintain frequent contact with sponsor.

8) Implement the aftercare plan developed in Phase III.

9) Defendants will continue to be responsible for all costs associated with the DUI Court Program.

4. The Defendant shall appear in open court, when and as ordered to do so by the Court or the DUI Drug Court Program, and upon proper notification at his/her last known address. Failure to appear in court shall constitute a prima-facie violation of the terms of this Agreement.

5. For participation in the DUI Drug Court Program:

a. The Client shall pay the XXX County DUI Drug Court the amount of $l00 for the Initial client assessment and the first drug test, with such amount Due and payable upon the first visit with the counselor.

b. The Client shall pay the XXX County DUI Drug Court an administrative fee of $180 per month for the services provided by the Drug Court Program, the first payment of which is due thirty (30) days after signing of this Agreement.

c. For those Clients placed in Phase IV, the Client shall pay the XXX County DUI Drug Court Program an administrative fee of $140 per month for the services provided by the DIM Drug Court Program, the first payment of which is due thirty (30) days after placement in Phase IV.

d. All fees paid to XXX County Drug Court are non-refundable.

e. In the event you graduate or are terminated from the program and have not paid all fees due, these fees will be D6’d against your driver’s license. This means your license will be suspended until full payment is made and you will be responsible to pay additional fees to reinstate your driving privileges.

6. The Client shall comply with the following terms and conditions as a part of this Agreement:

a. Enter and successfully complete the DUI Drug Court Program consisting of evaluation and assessment, intervention, treatment, multiple urine Screens, and payment of all fees;
b. Comply with all program requirements and those imposed by his/her DUI Drug Court Counselor, Probation Officer and the Court;

c. Advise his/her Probation Officer of any changes in address, telephone number, employment status or location, education, or treatment activities;
d. Participate in other programs and/or evaluations as may be established by his/her Counselor, Probation Officer or the Court, the cost of which shall be paid for by the Client;
e. Truthfully answer all inquiries and follow all instructions of his/her Counselor, Probation Officer and expressly permit the Counselor and Probation Officer to visit his/her home, place of employment, school, or other location for the purpose of providing adequate supervision;

f. Make restitution, if necessary, as directed by his/her Counselor, Probation Officer or the Court;

g. Obey all Federal, state, and local laws and ordinances;
h. Associate only with law-abiding persons; and
i. Work regularly at a lawful occupation and/or pursue a course of study as a full-time student.

7. The Client shall not:
a. Use or possess alcohol or any illegal drugs;
b. Own, have in his/her possession, or attempt to purchase a firearm or any type of weapon; and

c. Leave the County or the State without the permission of his/her Probation Officer or the Court.

8. The Client acknowledges that he/she may be arrested without a warrant and be held without bond for violating any of these terms and conditions, and be brought before the Court for further disposition.

9. The Client acknowledges that he/she. Will be subject to warrantless searches and seizures of his/her person and belongings for illegal drugs/alcohol and/or weapons.

10. As a part of our services and to assess the effectiveness of our Program. The Client will be asked to complete a confidential survey for a period of up to twelve (12) months after completing the Program. The Client agrees that he/she will keep a current address with the DUI Drug Court, arid will complete and return any and all questionnaires and surveys that arc sent to the Client up to twelve (12) months post-discharge.

11. The Client acknowledges, understands, and agrees that any violation of this Agreement including testing positive for alcohol or illegal drugs could result in him/her receiving one or more of the following sanctions: 1) ½ day in Court; 2) increase urinalyses; 3) Jail; 4) Essays; 5) Curfew; 6) Lengthen time in program; 7) Community service; 8) Increased group and/or individual sessions; 9) Increase NA/AA: 10) Termination; II) Electronic Monitoring; and 12) Any other sanction the Court may deem appropriate. If client objects to or refuses to comply with any of the therapeutic consequences administered by the DUI Drug Court Judge. He/she can be terminated from the program at that time and his/her probation will be revoked.

12. The Client understands that he/she shall be terminated from the DUI Drug Court Program Upon request if ordered by the Court for non-compliance with program rules and regulations.

13. The Client’s entry into this Agreement is being made freely, knowingly, and voluntarily. If the client fails to abide by the terms and conditions of this Agreement, this will constitute a violation of their probation and they may be sentenced up to the maximum amount of time for the offense they arc on probation.

14. The Client acknowledges, understands, and agrees that if he/she is dismissed or terminated from the Program either voluntarily or involuntarily, he/she shall not be permitted to re-enter the Program at a later date.

By signing below, the Client acknowledges they have read and understand this Agreement and agree to comply with its terms and conditions.

THIS AGREEMENT SHALL BECOME EFFECTIVE IMMEDIATELY UPON APPROVAL OF THE COURT.

Drug Court Questions? Call Me Toll Free 1-813-222-2220

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

WF Casey Ebsary Jr Drug Crimes Expert

Tampa Drug Trafficking Attorney

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 19:41:00 GMT

Questions & Answers with W.F. “Casey” Ebsary Jr.

Introduction

Tampa Drug Trafficking Attorney needed? I am W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer and former prosecutor. At Drug2Go.com, I defend individuals charged with serious drug trafficking offenses throughout Tampa, Hillsborough County, and surrounding areas. Drug trafficking cases are among the most aggressively prosecuted crimes in Florida and often carry mandatory minimum prison sentences that can dramatically impact your life.

If you are searching for a Tampa drug trafficking attorney, you are likely facing an urgent and high-stakes situation. This page answers the most important questions and connects you to critical resources so you can act immediately.

FAQ

What is drug trafficking in Florida?

Drug trafficking in Florida is defined primarily by the weight of a controlled substance rather than intent to sell. This means a person can be charged with trafficking even if there is no evidence of distribution or sales activity.
Florida law imposes strict penalties based on specific weight thresholds, making these cases far more serious than simple possession charges.

What substances can lead to trafficking charges?

Trafficking charges can involve cocaine, fentanyl, heroin, methamphetamine, marijuana / cannabis, and other controlled substances. Each substance has its own threshold amounts that trigger trafficking charges under Florida law.

For detailed breakdowns of cocaine trafficking penalties, visit:
https://drug2go.com/florida-cocaine-minimum-mandatory-law/

Tampa drug trafficking defense

What are the penalties for drug trafficking in Tampa?

Drug trafficking penalties are severe and often include mandatory minimum prison sentences and substantial fines. Judges generally have limited discretion to reduce these sentences once the thresholds are met.

Florida Drug Trafficking Penalties (Example – Cocaine)

Weight	Mandatory Minimum Prison	Fine
28g – 200g	3 years	$50,000
200g – 400g	7 years	$100,000
400g+	15 years	$250,000

These penalties apply regardless of prior criminal history in many cases.

Can I be charged with trafficking without selling drugs?

Yes, Florida law does not require proof of sale to charge trafficking. Simply possessing a certain quantity of a controlled substance is enough to trigger trafficking charges. This is one of the most misunderstood aspects of Florida drug law and often leads to severe consequences for individuals who did not believe they were involved in distribution.

What is constructive possession in trafficking cases?

Constructive possession means the drugs were not found on your person but in a location you control, such as a vehicle or residence. The State must prove knowledge of the substance and the ability to control it. These cases are often defensible because multiple individuals may have access to the same area, making it more difficult for the prosecution to prove control beyond a reasonable doubt.

What defenses are available to drug trafficking charges?

Drug trafficking cases frequently involve constitutional issues, particularly related to search and seizure. If law enforcement violated your rights, evidence may be suppressed, which can significantly weaken the State’s case. Other defenses may include lack of knowledge, lack of possession, and challenges to the weight or testing of the substance.

Can drug trafficking charges be reduced or dismissed?

In some cases, trafficking charges can be reduced or dismissed depending on the evidence and legal issues involved. However, these cases are complex and often require aggressive legal strategy and early intervention. Mandatory minimum sentencing laws make these cases more difficult, but they do not eliminate all defense options.

What happens after a drug trafficking arrest?

After arrest, the case proceeds through first appearance, arraignment, and pretrial proceedings. During this time, your attorney evaluates the evidence, files motions, and develops a defense strategy. Early legal representation is critical because key decisions made at the beginning of the case can significantly impact the outcome.

Will a trafficking conviction stay on my record?

Yes, a drug trafficking conviction typically results in a permanent felony record. This can affect employment, housing, and other aspects of your life for years to come. Avoiding a conviction or minimizing long-term consequences should be a primary focus in any defense strategy.

Why should I hire a Tampa drug trafficking attorney?

Drug trafficking charges carry some of the most severe penalties in Florida law. Without experienced legal representation, you risk mandatory prison sentences and life-altering consequences. As a former prosecutor, I understand how these cases are built and how to identify weaknesses. My approach focuses on protecting your rights and pursuing the best possible outcome.

How do I get help immediately?

If you or a loved one is facing a drug trafficking charge in Tampa or Hillsborough County, time matters. Acting quickly can preserve defenses and improve your chances of a favorable outcome.

Contact me here:

https://drug2go.com/contact -casey-the-lawyer/

Or call now for a confidential consultation.

Conclusion

Drug trafficking charges in Tampa are serious, complex, and carry mandatory penalties that can change your life. Whether you are facing allegations involving cocaine, fentanyl, or other substances, the legal system moves quickly and aggressively.

If you are searching for a Tampa drug trafficking attorney, take action now. The right defense strategy can make a meaningful difference in protecting your future.

Description

Tampa drug trafficking attorney defending cocaine, fentanyl & felony cases. Call Casey Ebsary now for a confidential consultation.

Marijuana

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 19:24:18 GMT

Marijuana Charges in Tampa, Florida | Hillsborough County

Watch Video – Marijuana charges can leave you with a permanent criminal record. Some communities have laws that allow forfeiture or the seizing and taking of a vehicle involved with an alleged marijuana crime. A Tampa marijuana Lawyer who is Board Certified as a Criminal Trial Lawyer, can help save you and your vehicle when there are drug charges including trafficking and cannabis a/k/a “weed.”

Frequently Asked Questions

Ask a Lawyer – Free Phone Consultation Call 813-222-2220

Isn’t Marijuana Legal in Florida?

No – the Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Stories of a typical drug bust can be found here.

Florida Marijuana
Laws Summary

Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. If and when the law on medical marijuana changes, the drug remains a controlled substance under both State and Federal laws

Here are a Few Frequently Asked Questions FAQ

Can Marijuana Charges be Dropped?

Yes, Florida Drug Court Criminal Defense Attorney, Lawyer Casey Ebsary of Tampa helps with, Marijuana, cocaine, prescription, and other drug charges that can be dropped. We have experience and training as both a drug court Prosecutor and is on the defense side helping people navigate treacherous waters when drug charges are at hand. Call 813-222-2220 for a free consultation at no cost or obligation.

Notice: Under Florida law all drug convictions can result in a 2-year (24 month) suspension of driver’s license.
We defend cannabis charges in the following Tampa Bay area Florida counties: Hillsborough County, Pasco County, Pinellas County, and Polk County. Possible defenses include search and seizure, constructive possession, invalid search warrants, invalid pat-downs, and Miranda violations, to name a few.

You can search this site by entering your question in to the search bar at the top to find more information about defenses that can be used. We have hundreds of pages of information on Florida Drug Laws and Florida Marijuana and Drug Law News. This site is one of the largest sites on the web devoted to Florida Marijuana and Drug Law News and information.

Drug2103 Possession of Cannabis Less than 20 Grams

Florida Courts Do Not Require and Expert or a Lab Test to Prove Possession Charges or to establish the chemical makeup of Cannabis or Marijuana. The field presumptive test and the testimony of the arresting officer is all they need.

Possession of Cannabis
Less Than 20 Grams

“the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree”

Form Code: DRUG2103

Florida Statute: 893.13.6B
Level: Misd (Misdemeanor)
Degree: 1st

Description: POSSESSION OF CANNABIS LESS THAN 20 GRAMS

DRUG2103 is one of the most commonly charged offenses in Tampa and Hillsborough County, Florida.

Florida Statute 893.13.6B

Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13.6(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.

Drug2102 Possession of Cannabis More than 20 Grams

Possession of more than 20 grams of weed is a felony in Florida. Cops can and do attempt to seize and forfeit motor vehicles used during the alleged crime. Additionally, judges and prosecutors can and do seek suspension of a driver’s license for 2 years. In short, Florida drug laws remain harsh for those who do not have a compassionate use medical marijuana card.

Felony Possession of Cannabis

Form Code: DRUG2102

Florida Statute: 893.13.6A
Level: Fel (Felony)
Degree: 3rd
Description: POSSESSION OF CANNABIS

DRUG2102 POSSESSION OF CANNABIS one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Can Other Drug Charges be Dropped?

There are three main ways to avoid a conviction. Win the case at trial, get the evidence suppressed, or have the case diverted into the Drug Court. Criminal Defense Attorney, Lawyer Casey Ebsary of Tampa helps with, Marijuana and other drug charges that can be dropped. Tampa Bay area marijuana / cannabis defense lawyer W. F. ”Casey” Ebsary has experience and training as both a drug court Prosecutor and on the defense side helping people navigate treacherous waters when drug charges are at hand.

“drug charges result in suspension of Driver’s License”

Florida State Marijuana
Law Penalty Summary

Aside from the drug court, sometimes law enforcement fails to follow the requirements of the Fourth Amendment on Search and Seizure. Courts sometimes suppress evidence and marijuana seized without a valid Search Warrant.The case cannot be prosecuted if key evidence is tossed.

What are the Penalties – Florida State Marijuana Law Penalty Summary:

An ever-increasing number of drug charges result in suspension of Driver’s License. Additionally the penalties are listed below. Any conviction can result driver’s license suspension for 6 months to 2 years.

“sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison”

Possession:

20 g or less Misdemeanor 1 year $1,000
More than 20 g Felony 5 years $5,000

Sale or Cultivation:

Delivery of 20 g or less Misdemeanor 1 year $1,000
25 lbs or less Felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) Felony 3 years MinMan* $25,000
2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000
10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000
Within 1,000 feet of school or other Felony 15 years $10,000

* MinMan = Mandatory minimum sentence.

Other Penalties:

Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver’s license suspension for 6 months to 2 years.

Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.

What Are Charge Codes?

Law enforcement is using rather obscure codes to classify marijuana offenses when they are entered into the various report systems. For your convenience we have decoded a few common cannabis charges:

Drug2103 Possession Of Cannabis Less Than 20 Grams – First Degree Misdemeanor punishable by 12 months in county jail.

Drug2102 Possession Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison

Drug2300 Possession Of Cannabis With Intent To Sell – Third Degree Felony Punishable by 5 years Florida State Prison

Drug2500 Manufacture Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison

You can review the decision here:

Source: 34 Fla. L. Weekly D2306b

Marijuana Florida Drug Defense Attorney, Pat Down, Probable Cause, Reasonable Suspicion

Constructive Possession Cannabis | Defense Win

Constructive Possession
Trafficking Cannabis

The drug charge was Trafficking in Cannabis. When the state failed to prove the defendant’s constructive possession of cannabis discovered in a suitcase in trunk of her car during a consent search, the defense got a win. The appeals court ruled there must be independent proof that a defendant in a possession of cannabis case had knowledge of presence of cannabis or had dominion and control over a container found in the trunk of a car.

Notably, the suitcase had no fingerprints, had jeans of a size fitting a passenger, and the defense put on unrefuted testimony that she was not in exclusive possession of vehicle, a passenger had keys to vehicle and also had access to the vehicle’s trunk. Even though the defendant had nearly $1,000 in cash, the state failed to show that $939 cash in her possession was in any way connected with trafficking in cannabis. The defendant testified the money was for school .

The court ruled, “Accordingly, the trial court erred in denying [defendant’s] motion for judgment of acquittal, and we reverse and remand with directions for the court to discharge [defendant] Reversed and remanded . . . .”

Constructive Possession of Cannabis Questions? Call me Toll Free 1-877-793-9290 .

View Adobe Acrobat PDF Copy of Constructive Possession Cannabis Case Here.

The defendant “was arrested after the police discovered a suitcase containing cannabis in the trunk of the car she was driving. A jury found her guilty of trafficking in cannabis; possession of a conveyance used for trafficking, sale, or manufacturing of controlled substances; and possession of drug paraphernalia. We reverse because, in this constructive possession case, the State failed to establish [defendant’s] knowledge of the presence of the cannabis or her dominion and control over the suitcase containing the cannabis.”

Constructive Possession of Cannabis Case Excerpts:

“The facts of this case are analogous to those in K.A.K. v. State, 885 So. 2d 405 (Fla. 2d DCA 2004). In K.A.K., the juvenile defendant was the driver of a vehicle that contained three passengers and was involved in an automobile accident. 885 So. 2d at 406. When the sheriff’s deputy arrived on the scene, he noticed what appeared to be a glass pipe used to smoke drugs on the floorboard of the driver’s side. The deputy searched the car’s interior and discovered a leafy substance that appeared to be cannabis scattered about the driver’s side. In the open glove compartment, the deputy found a box containing rolling papers and tweezers with a burnt tip.”

“In cases relying on circumstantial evidence, such as this one, the evidence must also exclude any reasonable hypothesis of innocence propounded by the defense. See Pagan, 830 So. 2d at 803. The evidence must “lead ‘to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’ ” Lindsey v. State, 14 So. 3d 211, 215 (Fla. 2009) (quoting Frank v. State, 163 So. 223, 223 (Fla. 1935)).”

“[E]vidence which furnishes nothing stronger than a suspicion, even though it would tend to justify the suspicion that the defendant committed the crime, is not sufficient to sustain [a] conviction. It is the actual exclusion of the hypothesis of innocence which clothes circumstantial evidence with the force of proof sufficient to convict. Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence.”

Source: 36 Fla. L. Weekly D1266a

Drug Charge Defense Attorney

Pinellas Marijuana Charges Help Video on Youtube 813-222-2220

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 19:20:03 GMT

Casey has has a fully searchable Pinellas Cannabis Marijuana defense database using the search tool on this page. on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband.

In this video, Casey reviews Minimum Mandatory sentences may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial expert who defends marijuana, cannabis, hash, vape, Delta 9, drug crimes in Pinellas County, Florida.

Let us help you 813.222.2220

Transcript: Pinellas Marijuana Defense Lawyer Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailble for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Pinellas Marijuana Defense Attorney Narration]

Pinellas Marijuana Defense Lawyer

Video: Pinellas Marijuana Defense Lawyer 813-222-2220 Video on YouTube

This video discusses and Compares How to use probable cause and the possibility of drug charges being dismissed when police improperly search for and then seize contraband.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Trafficking in Cocaine | Florida Conviction Overturned

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 19:04:46 GMT

Watch: Trafficking in Cocaine Defense Attorney Video

Trafficking in Cocaine | Florida Conviction Overturned

Video Summary

In this video, attorney W.F. “Casey” Ebsary Jr. discusses how to defend cocaine trafficking cases. Every criminal case depends on its own facts, applicable law, and admissible evidence. A prior appellate decision does not guarantee any particular outcome, but understanding how courts analyze evidentiary issues can be valuable when evaluating a drug crime defense strategy.

Tampa Cocaine Trafficking Lawyer (28 to 200 Grams) – DRUG1904 Defense Attorney

If you have been charged with DRUG1904 Trafficking in Cocaine (28 to 200 Grams) in Tampa, you are facing a serious felony accusation that requires immediate attention. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer with decades of experience defending complex drug cases. He carefully examines every aspect of the DEA investigation, including the traffic stop, search, seizure, and evidence, to build the strongest possible defense for each client.

Arrested for Cocaine Trafficking in Tampa? Call a Board Certified Criminal Trial Lawyer Immediately.

A charge of trafficking in cocaine is one of the most serious drug offenses prosecuted in Florida. If you have been arrested for allegedly possessing, transporting, purchasing, selling, manufacturing, or delivering between 28 and 200 grams of cocaine, the decisions you make today may affect the rest of your life. Time matters, evidence matters, and experienced legal representation matters.

Call W.F. “Casey” Ebsary Jr. today at (813) 222-2220 for a confidential consultation.

Former Prosecutor • Florida Bar Board Certified Criminal Trial Lawyer • Serving Tampa and Hillsborough County

Why Hire W.F. “Casey” Ebsary Jr.?

Attorney Casey Ebsary has spent decades handling serious felony cases throughout the Tampa Bay area. As both a former prosecutor and a Board Certified Criminal Trial Lawyer, he understands how trafficking investigations are conducted and how prosecutors prepare these cases for trial.

Whether your case involves a traffic stop, rental vehicle, search warrant, confidential informant, or constructive possession allegations, an experienced defense attorney can evaluate whether law enforcement followed constitutional requirements and whether the State can prove every required element beyond a reasonable doubt.

Learn more about W F Casey Ebsary Jr:

https://drug2go.com/about

What Is Cocaine Trafficking Under Florida Law?

Florida law creates separate trafficking offenses based primarily upon the weight of the controlled substance involved. One commonly charged offense involves 28 grams or more but less than 200 grams of cocaine or a mixture containing cocaine.

The applicable Florida statute is:

Florida Statute §893.135
https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-135/

Official Florida Legislature:
https://www.leg.state.fl.us/

Quick Reference

Charge	Form Code
Trafficking in Cocaine (28-200 grams)	DRUG1904

Degree	Classification
First Degree Felony	Florida Drug Trafficking

What Must the State Prove?

To obtain a conviction, prosecutors must prove every required element beyond a reasonable doubt. The exact elements depend upon the specific trafficking allegation and applicable jury instructions.

Florida publishes its Standard Criminal Jury Instructions online through the Florida Supreme Court.

Official Jury Instructions

https://www.floridasupremecourt.org

The jury instructions address issues such as:

Possible Issue	May Become Important
Knowledge	Did the defendant knowingly possess or transport the substance?
Identity	Was the substance actually cocaine?
Weight	Was the required statutory threshold met?
Possession	Was possession actual or constructive?
Control	Did the defendant exercise dominion or control?

Every trafficking prosecution is fact-specific. The evidence must support each required element.

FAQ

What Is Constructive Possession?

Many trafficking prosecutions do not involve drugs found directly on a person. Instead, prosecutors sometimes allege constructive possession. Whether constructive possession exists depends upon the particular facts and evidence presented at trial.

Cases involving multiple occupants of a vehicle, rental cars, borrowed vehicles, or shared residences often raise complicated factual questions. Simply being present near drugs does not automatically establish criminal liability.

If constructive possession is disputed, the prosecution must still prove the required legal elements beyond a reasonable doubt.

Does a Rental Car Automatically Make Someone Guilty?

No.

Rental vehicles appear in many criminal investigations because people frequently borrow or share vehicles with family members, friends, or coworkers. Whether someone rented the vehicle, drove the vehicle, or owned the vehicle does not by itself establish guilt.

Instead, prosecutors must rely upon admissible evidence that satisfies the legal requirements applicable to the charged offense.

What Defenses May Be Available?

Every case is different, and no attorney can honestly promise a particular outcome. However, depending upon the facts, a defense attorney may evaluate issues including whether:

the traffic stop was lawful;
the search complied with constitutional requirements;
law enforcement properly obtained consent;
probable cause existed;
laboratory testing is reliable;
the prosecution can prove possession;
witnesses are credible; and
the State can establish every required statutory element.

The available defenses depend entirely upon the evidence in your case.

How Serious Are Cocaine Trafficking Charges?

Florida classifies trafficking offenses among the most serious drug crimes prosecuted in state court. A conviction may expose a defendant to significant penalties under Florida law.

Because sentencing depends upon numerous legal and factual considerations, anyone facing a trafficking allegation should obtain legal advice immediately rather than relying upon general information found online.

Official Florida Laws

https://www.leg.state.fl.us

Why Early Representation Matters

The earliest stages of a criminal investigation are often critical. Evidence may need to be preserved, surveillance footage may disappear, and witnesses’ memories may fade over time.

Hiring counsel early also allows an attorney to begin reviewing discovery, evaluating police reports, identifying potential constitutional issues, and preparing an effective defense strategy before important court deadlines arrive.

Why Choose a Tampa Drug Defense Attorney?

W F Casey Ebsary Jr – Tampa Drug Crimes Defense Expert

Local experience matters. Attorney Casey Ebsary has represented clients throughout Hillsborough County for decades and understands how felony drug prosecutions are handled in Tampa courts. He has appeared before local judges, negotiated with prosecutors, and defended serious felony charges throughout the Tampa Bay area.

Local Office: Law Office of W.F. “Casey” Ebsary Jr. 2102 W. Cleveland Street Tampa, Florida 33606 Phone: (813) 222-2220

Cocaine Trafficking Case Timeline

Stage	What Happens
Arrest	Law enforcement files charges
First Appearance	Bond conditions reviewed
Arraignment	Formal plea entered
Discovery	Evidence exchanged
Motions	Legal issues litigated
Negotiations	Possible plea discussions
Trial	Jury determines guilt or innocence

Every case follows its own timeline depending upon the facts and court schedule.

Frequently Asked Questions

FAQ

Does every cocaine trafficking case go to trial?

No. Some cases are resolved through negotiated dispositions, while others proceed to hearings or jury trial. The appropriate strategy depends entirely upon the facts, available evidence, and the goals of the client.

Is possession enough to prove trafficking?

Not necessarily. Prosecutors must prove every legal element required for the specific trafficking charge. Whether those elements can be established depends upon the evidence presented in court.

Can constructive possession be challenged?

Yes. Constructive possession is frequently disputed in criminal cases involving vehicles, residences, or locations occupied by more than one person. Whether the prosecution can establish constructive possession depends upon the facts of each individual case.

Should I speak with investigators?

Many people choose to exercise their constitutional rights before answering investigative questions. Whether speaking with law enforcement is advisable depends upon the circumstances, and obtaining legal advice before making statements is often prudent.

Where can I read the Florida trafficking statute?

You can review the current statute through the Florida Legislature or Justia.

Florida Legislature

https://www.leg.state.fl.us

Florida trafficking statute on Justia

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-135

Talk to a Tampa Cocaine Trafficking Lawyer Today

f you or someone you care about has been charged with DRUG1904 Trafficking in Cocaine (28 to 200 Grams) in Tampa or anywhere in Hillsborough County, do not wait to learn about your legal options.

Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending clients accused of serious felony offenses.

Learn more about attorney Casey Ebsary:

https://drug2go.com/about

Contact the office today:

https://drug2go.com/contact

Call (813) 222-2220 today for a confidential consultation.

Meta Description:
Charged with cocaine trafficking in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer Casey Ebsary defends serious Florida drug cases. Call 813-222-2220.

Original Post from 2010

Criminal Trial Lawyer

Tampa Drug Defense Attorney notes a Trafficking in cocaine conviction was overturned by an appeals court for allowing a cop to testify about “practices” used by drug dealers. The court addressed testimony about the general behavior patterns of drug dealers /traffickers.

The defendant had been charged with trafficking in cocaine found in a rental car driven by the defendant. The defendant’s wife rented the car.The case was overturned after the highway patrol trooper testified that it was a standard practice for drug dealers to use vehicles rented in the name of another to transport drugs.

Source: 135 FLWSupp 2205a (1st DCA 2010)

Cocaine Trafficking 28 – 200 Grams

If you have been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 for a Free Phone Consultation

Form Code: DRUG1904

Florida Statute: 893.135.1B1A
Level: Fel (Felony)
Degree: 1st

Description: TRAFFICKING IN COCAINE 28 TO 200 GRAMS

DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

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:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 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 Standard Jury Instruction:

25.11 TRAFFICKING IN ILLEGAL DRUGS

§ 893.135(1)(c), Fla. Stat.

Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.

To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) knowingly

[sold]
[purchased]
[manufactured]
[delivered]
[brought into Florida]
[possessed]

a certain substance.

2. The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].

3. The quantity of the substance involved was 4 grams or more.

See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).
4. (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].

If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above. For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.
[4. (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]

Definitions. Give as applicable.
Sell.
“Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

Manufacture. § 893.02(13)(a), Fla. Stat.
“Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

Deliver. § 893.02(5), Fla. Stat.
“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

Possession.
To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

Possession may be actual or constructive.

Actual possession means:

a. The controlled substance is in the hand of or on the person, or

b. The controlled substance is in a container in the hand of or on the person, or

c. The controlled substance is so close as to be within ready reach and is under the control of the person.

Give if applicable.
Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.

In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.

Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.

If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.

Knowledge of the illicit nature of the controlled substance. Give if applicable. § 893.101(2) and (3), Fla. Stat.
Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged). Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense. (Defendant) has raised this affirmative defense. However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.

If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.

If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.

See State v. Weller, 590 So. 2d 923 (Fla. 1991).
If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

Enhanced penalty. Give if applicable up to extent of charge.
a. [The quantity of the substance involved was 4 grams or more but less than 14 grams.]

b. [The quantity of the substance involved was 14 grams or more but less than 28 grams.]

c. [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]

d. [The quantity of the substance involved was 30 kilograms or more.]

Lesser Included Offenses

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)

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Tampa Cocaine Trafficking Attorney

Florida Amphetamine or Methamphetamine Minimum Mandatory Law

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 19:01:06 GMT

⚖️ Video Explainer – Florida Mandatory Minimums: What You Need to Know

When a judge hands down a harsh prison sentence in a Florida court, the public frequently assumes it was their deliberate choice. However, in many high-stakes trafficking and serious drug cases throughout the Tampa Bay region, that simply isn’t true. Florida’s rigid mandatory minimum sentencing laws actively strip away judicial discretion, forcing judges to impose fixed, predetermined prison terms even when they believe a lesser penalty would be fairer.

Because the specific facts, charges, and evidence involved radically dictate your legal outcome, early defensive intervention is paramount. In this video, former prosecutor and Board Certified Criminal Trial Specialist W.F. “Casey” Ebsary Jr. breaks down these strict statutory limits. Watch to understand your options, and call 813-222-2220 or visit Drug2GO.com for expert guidance.

Direct Video Link: https://youtu.be/EsraejOUh3U

Florida Statute § 893.135 Amphetamine or Methamphetamine Minimum Mandatory Sentences

Florida laws on Amphetamine or Methamphetamine provide harsh minimum mandatory sentences that kick-in at 14 grams. The stakes become higher when 28 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. A 15 year minimum prison sentence is possible at 200 grams.

The United States Code also provides harsh sentences for trafficking in this controlled substance. At 50 grams a life sentence is possible for certain defendants. See 21 USC §§ 841(a), 841(b)(1)(A); § 2D1.1 for more information.

Amphetamine or methamphetamine 14 – 28 grams 3 years, $50,000 fine
28 – 200 grams 7 years, $100,000 fine
200+ grams 15 years, $250,000 fine

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Florida Marijuana Minimum Mandatory Law

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 18:32:03 GMT

Video Description:

In Florida, a judge’s hands are often tied by mandatory minimum sentencing laws. Former prosecutor and Board Certified Criminal Trial Lawyer W.F. “Casey” Ebsary Jr. explains how specific trafficking and serious drug charges carry non-negotiable prison times. If you or a loved one are facing serious state charges in the Tampa Bay area, your local defense strategy must begin immediately.

Florida Statute § 893.135 Marijuana Minimum Mandatory Sentences

The Florida Statutes on Cannabis and Marijuana provide harsh minimum mandatory sentences that kick-in at 25 pounds and 2000 plants. The stakes become higher when 10,000 pounds or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of: Amount Mandatory Minimum Sentence
Quantity of Marijuana 25 – 2000 lbs. or 300-2000 plants 3 years, $25,000 fine
2000 – 10,000 or 2000 -10,000 plants 7 years, $50,000 fine
10,000+ lbs. or 10,000 plants 15 years, $200,000 fine

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

WF Casey Ebsary Jr Drug Crimes Expert

Florida Phenethylamines Molly MDMA Minimum Mandatory Law

W.F. ''Casey'' Ebsary Jr. — Fri, 03 Jul 2026 17:47:52 GMT

In this video we explain that when a judge hands down a harsh sentence under Florida Statute § 893.135 in a Florida drug court, the public frequently assumes it was their deliberate choice. In many high-stakes trafficking and serious drug cases throughout the Tampa Bay region, that simply isn’t true. Florida’s strict mandatory minimum sentencing laws actively strip away judicial discretion, forcing judges to impose rigid, predetermined prison terms even when they believe a lesser penalty would be fairer.

The specific facts, charges, and evidence involved can dramatically alter your entire legal outcome. As a former prosecutor and Board Certified Criminal Trial Specialist, W.F. “Casey” Ebsary Jr. understands how to navigate these strict statutory boundaries. Learning your legal options early can make a critical difference in your trial defense. Contact our office today at 813-222-2220 or visit Drug2GO.com.

Are there minimum mandatory sentences for Molly under Florida Statute § 893.135? Yes.

Phenethylamines aka Molly aka MDMA Have Minimum Mandatory Sentences

Yes, Florida laws on Phenethylamines aka Molly aka MDMA provide harsh minimum mandatory sentences that kick-in at 10 grams. The stakes become higher when 200 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

A 15 year minimum prison sentence is possible at 400 grams.

MDMA Minimum Mandatory Sentences in Florida

Phenethylamines 10 – 200 grams 3 years, $50,000 fine
200 – 400grams 7 years, $100,000 fine

400+ grams
15 years, $250,000 fine

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

WF Casey Ebsary Jr Drug Crimes Expert

Managing the Mental Health Toll: Coping with Stigma and Systemic Delays

W.F. ''Casey'' Ebsary Jr. — Thu, 02 Jul 2026 22:38:25 GMT

The Florida criminal justice system is intentionally adversarial, but it is also slow. This combination creates a perfect storm for anxiety, guilt, and depression. When you are stuck in the “Discovery” phase for months, it is easy to feel like your life is on hold.

1. Navigating the Social Stigma

An arrest creates an immediate digital footprint. Public mugshots and online court dockets mean that neighbors, employers, and family members may learn about your situation before you have even had a chance to explain.

Actionable Advice: Do not try to clear your name online. Engaging in social media arguments or posting public explanations can severely damage your legal defense. Statements you make online can be subpoenaed by the prosecution. Let your defense speak through formal court filings, not comment sections.

2. Coping with the Waiting Periods

Months may pass without a major breakthrough in your case. This is completely normal. Depositions must be scheduled around the availability of police officers, witnesses, and prosecutors.

Actionable Advice: Establish a structured daily routine. Focus heavily on elements of your life that you can control, such as your work, your physical health, and your immediate family relationships. Treat the legal case as a separate project managed by your attorney, rather than letting it consume your entire identity. Consider a competent licensed counselor.

Ask A Therapist: How Do I Deal With Stress?

3. Facing the Trial Anxiety

If your case cannot be resolved through a dismissal or a favorable plea negotiation, the prospect of a jury trial can be terrifying. The fear of a public trial and a potential conviction causes immense psychological strain.

Actionable Advice: Knowledge is the antidote to fear. I walk my clients through the exact layout of the courtroom, the selection process for jurors, and the order of arguments. When you understand the structural rules of a trial, the courtroom transforms from a place of abstract terror into a highly regulated venue where evidence is tested.

Get Expert Guidance from an Experienced Trial Lawyer

Take Control of Your Defense: Waiting in limbo is one of the hardest parts of a criminal case. I focus on keeping my clients informed, prepared, and protected at every turn. If you want a Board Certified Expert who understands both the legal mechanics and the human impact of your case, visit my bio atW. F. Casey Ebsary Jr. Bio Pageto read more about my background, or contact my team immediately at 813-222-2220 .

Essential “Survival” Strategies for Common Florida Charges

Different types of criminal charges carry distinct operational hurdles and psychological weights. Here is a breakdown of how to approach the specific challenges of common offenses.

Driving Under the Influence (DUI) & Boating Under the Influence (BUI)

DUI and BUI charges bring immediate administrative headaches alongside criminal penalties. In Florida, an arrest often triggers an immediate suspension of your driving privileges by the Department of Highway Safety and Motor Vehicles (DHSMV).

The Survival Strategy: You face a strict 10-day window from the date of a DUI arrest to challenge the administrative suspension or request a formal review hearing for a hardship license. Missing this deadline results in an automatic hard suspension. Prioritize this administrative step immediately to preserve your ability to drive to work and support your family.

Specialized Electric Vehicle (eBike / Golf Cart) Defense

As electric bicycles and golf carts grow in popularity across Florida’s coastal communities, law enforcement has increasingly targeted them for traffic and alcohol-related enforcement. Many operators do not realize they can face serious legal complications while operating non-traditional vehicles.

The Survival Strategy: The legal definitions surrounding motorized vs. non-motorized transport are nuanced under Florida law. If you are stopped or cited while riding an eBike or driving a golf cart, document the exact specifications of the vehicle (wattage, top speed capabilities, and whether it was on a public roadway or a designated path). This technical data is vital for building an effective defense.

Pre-Trial Intervention (PTI) and Diversion Programs

For individuals facing their first non-violent offense, Florida offers various diversion programs, such as Pre-Trial Intervention (PTI) or Misdemeanor Intervention Programs (MIP).

The Survival Strategy: View these programs as a structured business contract. If you successfully complete the required community service hours, restitution, or counseling courses within the set timeframe, the state will dismiss your charges entirely. It requires strict organization, but it offers a guaranteed path to protecting your record without the risk of a trial.

10 Critical Questions and Answers Regarding Florida Criminal Procedures

1. What is the difference between a felony and a misdemeanor charge in Florida?

In Florida, felonies are severe crimes punishable by more than one year in a state state prison, with sentences carried out under the supervision of the Florida Department of Corrections. Misdemeanors are less severe offenses punishable by a maximum of one year in a local county jail. The classification dictates which court handles your case and carries vastly different long-term impacts on your civil rights, including your right to vote or possess firearms.

2. Can a Florida law enforcement officer pull me over based on an anonymous tip?

An anonymous tip alone is rarely sufficient to justify a traffic stop unless it contains specific, predictive details that law enforcement can independently verify to establish reasonable suspicion. If an officer pulls you over solely because an unnamed caller reported erratic driving, without observing any traffic violations firsthand, we can file a motion to suppress the stop. If successful, any evidence obtained after that stop could be thrown out of court.

3. How does a formal Daubert challenge affect the evidence in my criminal case?

A Daubert challenge is a specific legal motion used to contest the admissibility of scientific or expert witness testimony in court. Under Florida’s Daubert standard, the judge acts as a gatekeeper to ensure that the scientific methods, laboratory testing, or expert techniques used by the state are reliable and peer-reviewed. I use these challenges to attack flawed breathalyzer data, blood test analyses, or accident reconstruction models.

4. What happens if I miss a scheduled pre-trial conference or court date in Florida?

If you fail to appear for a mandatory court appearance without a valid, pre-approved legal excuse, the judge will typically issue a capias, which is an active warrant for your arrest. Additionally, your bond can be revoked, meaning you could be held in jail without bail until your case is resolved. In many misdemeanor and standard pre-trial situations, your defense attorney can file a waiver to excuse your personal presence, but you must confirm this explicitly with counsel beforehand.

5. What is the purpose of a deposition in a Florida criminal defense strategy?

A deposition allows your defense attorney to question the state’s witnesses, including the arresting officers, under oath before a court reporter prior to trial. This process is essential because it locks in their testimony, uncovers inconsistencies in the police report, and prevents surprises during a trial. If a witness changes their story on the stand at trial, we can use their deposition transcript to impeach their credibility in front of the jury.

6. Can I expunge or seal a criminal arrest record if my charges were dropped?

Yes, if your charges were dismissed, dropped by the state, or if you received a “No Information” filing, you may be eligible to have your record sealed or expunged in Florida, provided you have never been adjudicated guilty of a criminal offense before. Sealing restricts public access to the record, while expunging physically destroys the legal file held by the arresting agency. This process takes several months and requires a certificate of eligibility from the Florida Department of Law Enforcement (FDLE).

7. What is an Ignition Interlock Device, and when is it required in Florida?

An Ignition Interlock Device (IID) is a breath-testing mechanism wired into a vehicle’s ignition system that prevents the engine from starting if it detects measurable breath alcohol. In Florida, an IID is mandatory for specified periods upon conviction for certain DUI offenses, including cases involving high blood-alcohol levels (0.15 or greater) or when a minor was in the vehicle. The driver is solely responsible for the monthly installation, monitoring, and maintenance costs of the device.

8. What are the legal requirements for a valid Boating Under the Influence (BUI) stop?

Unlike a standard traffic stop on a highway, law enforcement officers and wildlife officials have broad authority under Florida law to conduct random safety and registration checks on boats without prior reasonable suspicion of a crime. However, to transition that routine safety check into a criminal BUI investigation, the officer must develop specific, articulable probable cause that the operator is impaired by alcohol or drugs. Officers must observe distinct physical signs of impairment before requesting field sobriety exercises.

9. How do Florida’s statutory speedy trial rules apply to my defense?

Under Florida Rule of Criminal Procedure 3.191, the state is bound by strict deadlines to bring a defendant to trial: 90 days from the date of arrest for a misdemeanor, and 175 days for a felony. However, the defense frequently waives speedy trial rights to allow adequate time to review complex evidence, take depositions, and file necessary pre-trial motions. Rushing to trial without fully analyzing the prosecution’s evidence is a dangerous strategy that rarely benefits the accused.

10. I am completely unsure about how my specific prior out-of-state record affects my current Florida score sheet. What should I do?

I do not know the exact configuration of your out-of-state record or how a Florida prosecutor will score it without conducting a comprehensive, manual review of your certified driving or criminal transcripts from that specific state. Florida uses a rigid, points-based criminal punishment scoresheet for felonies, and out-of-state offenses must be meticulously matched to their closest Florida statutory equivalents. If you have past offenses elsewhere, state clearly that you have an out-of-state history so your attorney can pull those exact records and calculate your points with absolute precision.

Secure Your Defense Team Today

Contact W. F. Casey Ebsary Jr.: Navigating the emotional highs and lows of a Florida criminal case requires a steady, experienced hand. Do not let fear or confusion dictate your future. Reach out to my office at 813-222-2220, explore my decades of trial experience on myBio Page, or fill out a secure form directly on ourContact Us Page. Let’s sit down, review the facts of your case, and build a strategic plan to get your life back on track.

Drug1400 Sale of Cocaine

W.F. ''Casey'' Ebsary Jr. — Wed, 01 Jul 2026 12:25:50 GMT

Video: Understanding Florida Sale of Cocaine Charges

Summary of YouTube Video

Watching an attorney explain how Florida drug prosecutions work can help you better understand the criminal process. Every criminal case is unique, and the facts, evidence, and applicable law determine the best defense strategy. This video provides general educational information and should not be considered legal advice for any specific case.

Tampa Sale of Cocaine Lawyer – DRUG1400 Defense Attorney

Charged with Sale of Cocaine in Tampa? Speak with a Board Certified Criminal Trial Lawyer Today.

Being arrested for DRUG1400 Sale of Cocaine is a serious matter that can place your freedom, career, and future at risk. Drug sale allegations often arise from undercover operations, confidential informants, controlled buys, surveillance, or traffic stops, and the prosecution must still prove every element of the offense beyond a reasonable doubt. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has spent decades defending individuals charged with serious felony drug crimes throughout Tampa and Hillsborough County. Call (813) 222-2220 today for a confidential consultation.

Why Should I Hire W.F. “Casey” Ebsary Jr.?

Choosing the right attorney can make an important difference when you are facing felony drug charges. Casey Ebsary is a former Florida prosecutor who understands how law enforcement investigates narcotics cases and how prosecutors prepare cases for trial. As a Board Certified Criminal Trial Lawyer, he has extensive courtroom experience handling complex felony cases and works to identify weaknesses in the State’s evidence while protecting his clients’ constitutional rights.

Learn more about attorney Casey Ebsary:

https://drug2go.com/about

What Is the Florida Crime of Sale of Cocaine?

Florida law prohibits the unauthorized sale, manufacture, delivery, or possession with intent to sell certain controlled substances, including cocaine. Sale of cocaine is commonly prosecuted as a felony offense under Chapter 893 of the Florida Statutes. Whether the State can obtain a conviction depends upon the specific facts, admissible evidence, and whether prosecutors can prove every required legal element beyond a reasonable doubt.

Official Florida Legislature:

https://www.leg.state.fl.us

Florida Statute §893.13 (Justia):

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

DRUG1400 Quick Reference

Item Information
Charge Sale of Cocaine
Form Code DRUG1400
Alleged Statute Florida Statute §893.13(1)(a)
Degree Second Degree Felony

What Must Prosecutors Prove?

The prosecution bears the burden of proving every required element of the charged offense beyond a reasonable doubt. Depending upon the allegations, the State may be required to prove that the defendant knowingly sold, delivered, manufactured, or possessed with intent to sell a controlled substance identified by Florida law. Evidence presented during the case must satisfy the applicable jury instructions and the rules governing criminal trials.

Florida Standard Criminal Jury Instructions are published by the Florida Supreme Court.

https://www.floridasupremecourt.org

Does the State Need Physical Evidence?

Physical evidence is frequently important in drug prosecutions, but every criminal case depends upon its own facts. Prosecutors may rely upon laboratory testing, witness testimony, surveillance, recorded communications, or other evidence permitted under the rules of evidence. A defense attorney carefully reviews whether the evidence was lawfully obtained, accurately preserved, and legally admissible before trial.

What Happens During a Drug Sale Investigation?

Drug sale investigations often involve undercover officers, confidential informants, surveillance operations, controlled purchases, or search warrants. Law enforcement agencies may also rely on digital evidence, text messages, recorded telephone calls, or financial records depending on the allegations. The investigative methods used in a case can become an important issue when evaluating possible legal defenses and constitutional challenges.

Can Intent Be Challenged?

Yes. In some prosecutions, the State alleges possession with intent to sell rather than an actual completed sale. Whether prosecutors can establish intent depends upon the admissible evidence, and the circumstances of each case may be closely examined by both the prosecution and the defense. Intent cannot simply be assumed and must be supported by legally sufficient evidence.

Are Search and Seizure Issues Important?

Search and seizure questions frequently arise in felony drug prosecutions. Traffic stops, vehicle searches, residential search warrants, consent searches, and warrantless searches may all become important issues depending upon the facts of the investigation. When constitutional protections are violated, a defense attorney may evaluate whether legal remedies are available under applicable law.

FAQ

What Are Some Possible Defense Issues?

Every criminal case is different, and no attorney can ethically promise a particular outcome. Depending upon the facts, the defense may evaluate whether law enforcement had legal authority for the stop or search, whether evidence was properly collected and tested, whether witnesses are reliable, whether identification is accurate, and whether the prosecution can prove every statutory element beyond a reasonable doubt. The appropriate defense strategy depends entirely upon the evidence in the individual case.

Why Is Local Experience Important?

Drug prosecutions are handled in the local courts where charges are filed, making experience in Hillsborough County valuable. Attorney Casey Ebsary has represented clients throughout the Tampa Bay area for many years and understands the procedures commonly encountered in serious felony cases. Local knowledge, trial experience, and careful preparation can all play an important role when defending criminal charges.

What Happens After an Arrest?

After an arrest, a defendant typically proceeds through several stages of the criminal justice system before the case is resolved. These stages may include first appearance, arraignment, discovery, motion practice, plea negotiations, and, if necessary, trial. Each stage presents important legal decisions that should be made after consulting with an experienced criminal defense attorney.

Florida Drug Case Timeline

Stage Description
Arrest Criminal charges initiated
First Appearance Bond reviewed
Arraignment Plea entered
Discovery Evidence exchanged
Motions Legal issues addressed
Negotiations Possible plea discussions
Trial Jury or judge determines outcome

Frequently Asked Questions

Is sale of cocaine the same as trafficking?

No. Florida law treats sale offenses and trafficking offenses as separate crimes with different statutory provisions. The exact charge depends upon the allegations made by prosecutors and the facts of the investigation.

Can someone be charged without money changing hands?

The answer depends on the specific allegations and evidence in the case. Florida law contains separate offenses involving sale, delivery, manufacture, and possession with intent to sell. An attorney can explain the particular charge after reviewing the arrest documents and available evidence.

Can undercover officers testify at trial?

Yes. Undercover officers may testify if they are called as witnesses and their testimony is admitted under the applicable rules of evidence. As with any witness, credibility and cross-examination may become important issues during trial.

Should I talk to detectives after my arrest?

Whether speaking with law enforcement is advisable depends upon the circumstances of the investigation. Before answering questions about a pending criminal case, many people choose to consult with an attorney to understand their legal rights and options.

Where can I read the current Florida statute?

The current version of the statute is available through the Florida Legislature and Justia.

Florida Legislature:

https://www.leg.state.fl.us

Justia:

https://law.justia.com/codes/florida/title-xlvi/chapter-893/section-893-13

Speak With a Tampa Sale of Cocaine Defense Lawyer Today

If you have been charged with DRUG1400 Sale of Cocaine in Tampa or anywhere in Hillsborough County, obtaining experienced legal representation as early as possible is an important step. Attorney W.F. “Casey” Ebsary Jr. is a former prosecutor and a Florida Bar Board Certified Criminal Trial Lawyer who has devoted his career to defending individuals accused of serious criminal offenses. Every case deserves a thorough review of the facts, the evidence, and the applicable law before important decisions are made.

Learn more about Casey Ebsary:

https://drug2go.com/about

Contact the Law Office of W.F. “Casey” Ebsary Jr.:

https://drug2go.com/contact

Call (813) 222-2220 today for a confidential consultation.

Meta Description

Charged with Sale of Cocaine (DRUG1400) in Tampa? Former prosecutor and Board Certified Criminal Trial Lawyer W.F. Casey Ebsary Jr. defends serious Florida drug charges. Call (813) 222-2220.

Original Drug1400 Sale of Cocaine Post from 2010

Cocaine Sale

If you have been charged with DRUG1400 SALE OF COCAINE you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1400

Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: SALE OF COCAINE

DRUG1400 SALE OF COCAINE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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DEA on Marijuana Meth Heroin Cocaine

W.F. ''Casey'' Ebsary Jr. — Wed, 01 Jul 2026 09:38:58 GMT

Welcome to drug2go.com. If you or a loved one are facing urgent drug possession or trafficking allegations in the Tampa Bay area, your freedom depends on elite, proven representation. Speak directly with W.F. Casey Ebsary, a Board Certified Criminal Trial Lawyer and former prosecutor with decades of dedicated courtroom experience in Hillsborough County. Contact our local Tampa office immediately at 813-222-2220 to schedule your confidential case evaluation, or review our credentials on our Attorney Bio Page and submit your inquiry through our Contact Page.

Federal Drug Enforcement Priorities vs. State Science

The national conversation surrounding how our legal systems classify, penalize, and distinguish controlled substances remains a point of deep legislative and judicial friction. This complexity was famously put on display during a high-profile congressional hearing where a DEA Chief was grilled on the comparative impact of marijuana versus prescription drugs, methamphetamine, heroin, and cocaine. While federal administrators often maintain a rigid stance that all illegal substances carry uniform danger, state courts and scientific consensus continue to draw critical distinctions regarding addiction rates, health outcomes, and societal impact. Understanding how these substances are handled under the law is vital for anyone navigating a criminal charge.

The public debate highlighted in the legislative record underscores a persistent struggle within our justice system to align statutory penalties with the reality of substance profiles:

Federal Inflexibility: Congressional questioning often reveals how federal agencies prioritize high-volume enforcement over nuanced public health data.

Prescription Drug Crisis: Law enforcement leadership has increasingly categorized the abuse of prescription painkillers as an emerging and critical public threat.

The State-Level Shift: Individual states, including Florida, have established independent regulatory frameworks for specific substances, recognizing medical applications that contrast sharply with historic federal prohibitions.

Florida Statutory Drug Penalties (F.S. 893.135)

To clarify the strict, non-negotiable thresholds enforced by state prosecutors in Tampa, the following tables detail the mandatory minimum prison terms and statutory fines established under Florida law.

Cocaine Trafficking Penalties

Weight Threshold Felony Degree Mandatory Minimum Prison Term Mandatory Statutory Fine
28 to 199 Grams First Degree Felony 3 Calendar Years $50,000
200 to 399 Grams First Degree Felony 7 Calendar Years $100,000
400 Grams to 150 Kilograms First Degree Felony 15 Calendar Years $250,000
Over 150 Kilograms Life Felony Life Imprisonment (No Parole) $250,000

Fentanyl Trafficking Penalties

Weight Threshold Felony Degree Mandatory Minimum Prison Term Mandatory Statutory Fine
4 to 13 Grams First Degree Felony 7 Calendar Years $50,000
14 to 27 Grams First Degree Felony 20 Calendar Years $100,000
28 Grams or More First Degree Felony 25 Calendar Years $500,000

Frequently Asked Questions Regarding Florida Drug Defense

FAQ

Why did the federal classification of marijuana spark congressional debate with the DEA?

During a historic congressional hearing, Representative Jared Polis questioned the administrator of the Drug Enforcement Administration regarding the scientific differences between cannabis and highly addictive street drugs. The administrator repeatedly stated that all illegal substances carry identical dangers, refusing to distinguish marijuana from lethal chemicals like heroin or methamphetamine. This rigid stance highlighted a significant disconnect between federal law enforcement policy and individual state laws that recognize regulated medical use. This complete transcript can be examined directly through public legislative transcripts provided by the United States Drug Enforcement Administration.

How does Florida law view the distinction between marijuana and harder controlled substances?

Under the Florida Comprehensive Drug Abuse Prevention and Control Act, controlled substances are organized into schedules based on their medical utility and potential for dependence. While federal enforcement historically mirrors the rigid arguments observed in legislative debates, Florida has implemented an independent medical marijuana registry for qualified patients. However, any possession, cultivation, or distribution of cannabis outside of this strict medical infrastructure is aggressively prosecuted under state law. These classifications are maintained and updated annually by the Florida Senate.

What are the criminal penalties for possessing marijuana under Florida Statute 893.13?

Possessing 20 grams or less of cannabis is classified as a first-degree misdemeanor in Florida, carrying a maximum penalty of one year in a local county jail and a $1,000 fine. If an individual is found with more than 20 grams of cannabis, the charge immediately escalates to a third-degree felony punishable by up to five years in state prison. Convictions under this section also trigger a mandatory one-year suspension of your driving privileges by the state motor vehicle department. You can review the exact language of these penalties directly on the Justia Law Florida Statutes Chapter 893 database.

When does a cannabis charge elevate to drug trafficking in Tampa courts?
According to Florida Statute 893.135, an individual commits the first-degree felony of trafficking in cannabis when the quantity involved exceeds 25 pounds or involves 300 or more individual plants. This threshold completely shifts the case from a standard possession charge into an aggressive felony prosecution carrying strict mandatory sentencing floors. Local law enforcement agencies in Hillsborough County utilize specialized narcotics units to aggressively target distributions that cross these statutory boundaries. Preserving constitutional protections during the initial seizure remains a cornerstone of an effective defense strategy.

What are the mandatory minimum terms for cannabis trafficking in Florida?
Trafficking between 25 pounds and 2,000 pounds of cannabis requires a judge to sentence the defendant according to state guidelines alongside a mandatory fine of $25,000. Once the volume reaches 2,000 pounds or more, the mandatory minimum prison term increases dramatically to a flat floor that a judge cannot legally reduce. These strict penalties demonstrate how commercial-scale charges are treated with absolute severity in the state court system.

How does Florida Statute 893.135 define cocaine trafficking?

Cocaine trafficking is defined under state law as the knowing possession, manufacture, sale, delivery, or importation of 28 grams or more of cocaine or any mixture containing cocaine. The inclusion of the phrase “any mixture” means that the total weight of the cutting agents or adulterants is counted toward the threshold rather than just the pure chemical. This technical calculation routinely elevates minor possession cases into severe trafficking tiers within the Tampa court system. Individuals caught with amounts exceeding this limit face immediate arrest and high-bond detentions.

What prison sentences apply to trafficking 28 to 200 grams of cocaine?

An individual convicted of trafficking cocaine in an amount between 28 grams and 200 grams faces a mandatory minimum prison sentence of three years. In addition to this mandatory incarceration floor, the court is statutorily required to impose a flat fine of $50,000. This first-degree felony designation strips the presiding judge of the authority to sentence the defendant to probation or a shorter term unless a formal substantial assistance agreement is executed. Securing experienced trial counsel immediately is critical to navigating these unforgiving statutory floors.

What are the penalties for cocaine trafficking involving 200 to 400 grams?

When the weight of the seized cocaine mixture falls within the range of 200 grams to 400 grams, the mandatory minimum prison sentence increases to seven years. The associated mandatory fine also escalates to $100,000 under the strict terms of Florida Statute 893.135. Defendants facing these charges in Tampa must confront aggressive prosecution tactics aimed at securing these long-term institutional commitments. These cases require a meticulous review of all law enforcement chain-of-custody logs and laboratory weighing protocols.

What happens if a person is caught with over 400 grams of cocaine in Florida?

Trafficking cocaine in amounts from 400 grams up to 150 kilograms triggers a mandatory minimum prison sentence of 15 calendar years and a $250,000 fine. Quantities exceeding 150 kilograms escalate the offense to a life felony, completely eliminating any eligibility for early release or discretionary parole. These severe measures reflect the state’s intent to permanently remove high-volume distributors from local communities. The defense against such catastrophic penalties requires an exhaustive investigation into constitutional violations and wiretap authorizations.

Why are methamphetamine prosecutions exceptionally severe in Hillsborough County?

Methamphetamine is classified as a Schedule II controlled substance due to its extreme potential for rapid addiction and severe physiological harm. Under Florida Statute 893.135, possessing 14 grams or more of any mixture containing methamphetamine triggers a mandatory minimum trafficking prosecution. Local law enforcement task forces aggressively target both local manufacturing labs and interstate transport pipelines intersecting the highway corridors of Tampa. Convictions under this statute carry permanent consequences that disrupt families and eliminate professional opportunities.

What are the statutory weight tiers and penalties for methamphetamine trafficking?

Trafficking between 14 and 28 grams of methamphetamine requires a mandatory minimum prison term of three years and a $50,000 fine. If the weight spans from 28 grams to 200 grams, the mandatory minimum increases sharply to seven years in prison alongside a $100,000 financial penalty. For amounts reaching 200 grams or more, the law mandates a 15-year prison floor, demonstrating the escalating severity built into the statutory text. These rigid boundaries leave zero room for judicial leniency during the final sentencing phase.

How does the state of Florida penalize the trafficking of heroin?

Heroin trafficking penalties attach at a remarkably low threshold of four grams of the substance or any mixture containing it. A weight between four and 14 grams carries a mandatory minimum sentence of three years in state prison and a $50,000 fine. If a defendant is found with 14 to 28 grams, the mandatory minimum incarceration period jumps to 15 years, while 28 grams or more demands a 25-year prison floor. These penalties apply regardless of whether the individual intended to distribute the substance or possessed it solely for personal consumption.

Why did the Florida Legislature dramatically increase penalties for fentanyl trafficking?

Due to an unprecedented surge in accidental overdose deaths across the state, lawmakers amended Florida Statute 893.135 to impose some of the harshest penalties in the nation for fentanyl. The extreme potency of this synthetic opioid means that even a minuscule amount can cause fatal respiratory failure. Consequently, the state treats small quantities with the same statutory severity historically reserved for massive commercial drug shipments. This aggressive posture means that individuals possessing minor fentanyl quantities face career-ending mandatory prison sentences.

What are the mandatory minimum sentences for trafficking fentanyl in Tampa?

Possessing or distributing four to 14 grams of fentanyl triggers a mandatory minimum prison term of seven years and a $50,000 fine. When the weight reaches 14 grams but remains under 28 grams, the mandatory minimum incarceration floor increases to 20 years. Any amount encompassing 28 grams or more requires a mandatory minimum sentence of 25 years in state prison coupled with a devastating $500,000 fine. These severe baselines underscore the critical importance of identifying flaws in the prosecution’s evidentiary foundation early in the process.

What is the legal distinction between actual possession and constructive possession?

Actual possession occurs when an illegal substance is found directly on a person, such as in their hands, pockets, or internal personal items. Constructive possession applies when the drugs are not on the individual’s person but are located in a place over which they have both knowledge and direct dominion. To secure a conviction under a constructive possession theory, Tampa prosecutors must prove beyond a reasonable doubt that the defendant knew the substance was present and had the ability to maintain physical control over it. Defense strategies often focus on showing that multiple people had equal access to the shared space where the contraband was discovered.

How can an unlawful search and seizure impact a Florida drug defense?

The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures conducted by law enforcement officers. If Tampa police officers search a vehicle, home, or person without a valid warrant, probable cause, or a recognized legal exception, the resulting evidence may be suppressed. A skilled criminal defense attorney can file a formal motion to suppress, which often forces the state to dismiss the charges entirely due to a lack of admissible evidence. Challenging the initial traffic stop or search authorization is one of the most effective methods to defeat a trafficking charge.

What role does a Board Certified Criminal Trial Specialist play in defending drug charges?

Board certification represents the highest level of evaluation by The Florida Bar regarding an attorney’s competence, experience, and integrity within a specific field of practice. A certified specialist has demonstrated extensive courtroom experience, including numerous jury trials, and has passed rigorous peer reviews and examinations. For a defendant facing decades of mandatory prison time, this recognized expertise ensures their defense is handled by a proven trial advocate who understands local court procedures. You can confirm an attorney’s standing directly through official directories maintained by The Florida Bar.

How can a defendant contact drug2go.com for an immediate legal consultation in Tampa?

Individuals facing urgent drug investigations or formal charges can contact our local Tampa office directly by calling 813-222-2220. Our professional support team coordinates immediate access to strategic counsel to protect your constitutional rights from the moment of arrest. You can also explore our Attorney Bio Page to learn more about our qualifications or submit case details through our secure Contact Page. We stand ready to provide the aggressive, localized advocacy required to challenge the state’s allegations at every stage.

What constitutes the crime of possession of drug paraphernalia under Florida law?

Pursuant to Florida Statute 893.147, it is unlawful for any person to use or possess with intent to use drug paraphernalia to cultivate, manufacture, pack, or ingest controlled substances. This offense is classified as a first-degree misdemeanor, carrying a penalty of up to one year in jail and a fine of up to $1,000. Paraphernalia can include items ranging from glass pipes and scales to common household baggies if residue or context suggests an illegal purpose. Constructing a defense against these allegations requires analyzing the specific proximity and direct connection between the object and the individual.

Can a professional license be suspended following a drug conviction in Florida?

According to Florida Statute 893.11, a conviction for the sale or trafficking of a controlled substance triggers an immediate emergency suspension of any professional license issued by the state. This administrative penalty affects medical professionals, real estate agents, contractors, and any other trade governed by state licensing boards. Reinstating a suspended license requires strict compliance with supervised drug treatment programs and monitoring protocols supervised by the Department of Corrections. This severe collateral consequence underscores why a strategic defense must target the avoidance of a formal conviction from day one.

What is a substantial assistance agreement and how does it affect mandatory minimums?

Under Florida law, a prosecuting attorney can recommend that the court reduce or suspend a defendant’s mandatory minimum sentence if they provide substantial assistance in the identification or arrest of other individuals involved in drug trafficking. This statutory mechanism provides one of the few legal pathways to bypass the strict sentencing floors mandated by Florida Statute 893.135. However, entering into such an agreement involves significant risks and complex legal maneuvering that must be managed by an experienced advocate. Protecting a client’s safety and legal interests during this cooperation phase is paramount to ensuring a favorable outcome.

How does the proximity to a school or place of worship alter a drug charge penalty?

Florida Statute 893.13 imposes severe penalty enhancements if an individual sells, manufactures, or delivers a controlled substance within 1,000 feet of a school, child care facility, or physical place of worship. This proximity rule elevates the severity ranking of the offense under the state sentencing guidelines, substantially increasing the potential prison stay. Prosecutors do not need to prove that the defendant knew they were within the restricted zone to enforce these enhanced penalties. A successful defense must carefully verify municipal geographic measurements to challenge the state’s boundary assertions.

Protect Your Constitutional Rights Immediately

A drug trafficking or felony possession arrest in the state of Florida is an immediate threat to your livelihood, your freedom, and your family’s future. The state utilizes heavily funded narcotics task forces and strict statutory mandatory minimums designed to secure lengthy prison commitments. Do not leave your defense to chance or uncertified general practitioners.

Contact W.F. Casey Ebsary at drug2go.com today by calling our local Tampa office at 813-222-2220, or visit our secure Contact Page to submit your case documentation for an immediate, confidential evaluation.

Original DEA Article from 2012

DEA Chief grilled on impact of Marijuana, versus Prescription Drugs, versus Meth, versus Heroin, versus Cocaine.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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W.F. ''Casey'' Ebsary Jr. — Wed, 01 Jul 2026 08:48:19 GMT

Federal Drug Defense Strategy: Navigating Cocaine Mandatory Minimums in Tampa

How Do You Contact a Federal Criminal Defense Attorney in Tampa for a Cocaine Case?

If you or a loved one is facing federal crack or powder cocaine charges in the Middle District of Florida, securing an aggressive defense is your most critical priority. You can immediately speak to federal criminal defense attorney W.F. Casey Ebsary by calling our local Tampa office directly at 813-222-2220 . We encourage you to review our professional background on our Attorney Bio Page to understand our decades of trial experience. To schedule a completely confidential evaluation of your pending indictment, please visit our secure Contact Page right away.

Federal Statutory Weight and Penalty Matrix

Offense Type Pre-2010 Statutory Weight (100:1 Disparity) Post-Fair Sentencing Act Weight (18:1 Disparity) Mandatory Minimum Prison Term
Crack Cocaine (Level 1) 5 Grams or more 28 Grams or more 5 Years Minimum
Crack Cocaine (Level 2) 50 Grams or more 280 Grams or more 10 Years Minimum
Powder Cocaine (Level 1) 500 Grams or more 500 Grams or more 5 Years Minimum
Powder Cocaine (Level 2) 5 Kilograms or more 5 Kilograms or more 10 Years Minimum

What is the Fair Sentencing Act of 2010?

The Fair Sentencing Act of 2010 is a federal statute enacted by the United States Congress to correct severe inequities in drug crime penalties. Before this legislation took effect, federal drug laws imposed a highly criticized 100-to-1 weight ratio between powder cocaine and crack cocaine offenses. The new statutory framework dramatically reduced this disparity down to an 18-to-1 ratio and entirely eliminated the mandatory minimum penalty for simple possession. You can review the official statutory text and ongoing legislative annotations directly on Justia US Code.

How Does the Supreme Court Ruling in Dorsey v. United States Protect Defendants?

The United States Supreme Court issued a major ruling in Dorsey v. United States that resolved how changes to federal statutory penalties apply to pending cases. The high court explicitly held that the more lenient mandatory minimum provisions of the Fair Sentencing Act apply to offenders who committed a crime before the law was signed but were sentenced after it took effect. This binding precedent ensures that individuals are protected by the revised, lower mandatory minimum laws rather than obsolete, harsher rules. The full judicial opinion and archival dockets can be researched directly through the official United States Supreme Court Website.

What Did the Supreme Court Conclude About the Interim Guidelines Window?

The Supreme Court in Dorsey also addressed the specific legal status of defendants caught in the interim operational window of the new law. The Court held that the new Act’s lower statutory minimums apply to individuals who committed an offense prior to the effective date and were sentenced before the updated Federal Sentencing Guidelines officially took effect. This critical decision covered the transitional gap between August 3, 2010, and November 1, 2010, preventing an unfair disparity in penalties. By doing so, the ruling created a uniform standard that guaranteed all post-enactment sentencing proceedings benefited from the legislative reforms.

What Are the Specific Weight Thresholds for Federal Crack Cocaine Mandatory Minimums Today?

Under modified federal drug trafficking laws, a five-year mandatory minimum prison sentence is triggered when an offense involves 28 grams or more of a substance containing crack cocaine. To trigger the severe ten-year mandatory minimum prison sentence, the prosecution must establish that the offense involved at least 280 grams of crack cocaine. These modern thresholds represent an enormous structural shift away from the old limits, which stood at a mere 5 grams and 50 grams. Our defense practice meticulously reviews all police seizure weights to ensure that the government has not artificially inflated the narcotics quantities.

FAQ

How Are Powder Cocaine Quantities Structured for Federal Prosecutions?

Federal powder cocaine statutory mandatory minimums remain distinct from crack cocaine metrics, requiring substantially higher physical weights to activate identical sentences. A five-year mandatory minimum prison sentence requires an offense involving 500 grams or more of a mixture containing a detectable amount of powder cocaine. The ten-year mandatory minimum penalty applies only when the underlying criminal charge involves five kilograms or more of the substance. This distinct differentiation highlights the ongoing statutory weight boundaries established by Congress under Title 21 of the United States Code.

What is Section 404 of the First Step Act of 2018?

Section 404 of the First Step Act represents a massive legislative expansion of federal drug sentencing reform by granting retroactive relief. White the Dorsey decision only shielded individuals sentenced after 2010, the First Step Act allowed individuals sentenced under the old 100-to-1 regime to petition for immediate reductions. Eligible federal inmates can request that judges apply the modern, lower statutory minimums to their historical convictions. Detailed information regarding these retroactive relief statistics is routinely published by the United States Sentencing Commission.

How Do Federal Judges Determine a Final Sentence in a Cocaine Case?

Federal judges calculate criminal sentences by conducting a multi-step analysis during a formal sentencing hearing. The court first computes an advisory range based on the official guidelines grid, balancing the drug weight against the defendant’s prior criminal history score. The judge must then ensure the final sentence complies with any overriding statutory mandatory minimums established by Congress. Finally, the court evaluates personal mitigation factors to decide if a downward variance below the recommended guidelines is legally appropriate.

What is the Role of the United States Sentencing Commission?

The United States Sentencing Commission is an independent agency housed entirely within the federal judicial branch. This agency is tasked with establishing comprehensive sentencing policies and issuing the official Federal Sentencing Guidelines manual. When Congress passes new statutory laws like the Fair Sentencing Act, the Commission updates the guideline point values to reflect those updates. You can access extensive educational reports, amendment archives, and legal research tools on the official United States Sentencing Commission Website.

What is the Primary Difference Between a Statutory Minimum and a Sentencing Guideline?

A statutory mandatory minimum is a fixed, mandatory prison term established directly by Congress that a federal judge cannot normally go below. In contrast, the Federal Sentencing Guidelines provide a recommended sentencing range calculated based on the offense characteristics and the defendant’s prior record. While judges retain broad discretion to deviate above or below the recommended guideline ranges, they are strictly bound by the statutory minimums unless an explicit exception applies. Effective defense work focuses on neutralizing statutory minimum thresholds while simultaneously driving down the guideline point calculations.

What is the Safety Valve Exception in Federal Drug Defense?

The federal safety valve exception is a highly valuable statutory tool that allows a judge to bypass a harsh mandatory minimum prison sentence. To qualify for safety valve relief under federal law, a defendant must satisfy five specific criteria, including having minimal criminal history points and zero weapons involvement. The statute also requires the defendant to participate in a truthful disclosure session with federal prosecutors prior to the final sentencing date. Our firm carefully prepares clients for this delicate process to maximize their chances of avoiding mandatory prison terms.

How Can Prior Convictions Escalate Federal Cocaine Mandatory Minimums?

A defendant’s prior criminal record can trigger severe statutory sentencing enhancements under federal narcotics laws. If a defendant has a past conviction for a serious drug felony or a serious violent felony, the statutory mandatory minimum can double. To execute these severe enhancements, the United States Attorney’s Office must file a formal written notice under 21 U.S.C. Section 851. We rigorously audit every past state and federal conviction to challenge whether those entries meet the strict statutory definitions required for an enhancement.

Where Do Federal Cocaine Cases Take Place in the Tampa Bay Area?

Federal criminal cases originating in Hillsborough, Pinellas, or surrounding counties are prosecuted inside the United States District Court for the Middle District of Florida. Court proceedings, including trials and sentencing hearings, are held at the Sam M. Gibbons United States Courthouse in downtown Tampa. You can access local court schedules, administrative orders, and filing protocols by visiting the Middle District of Florida Courthouse Website. Having an established local attorney who regularly practices before the Tampa division judges provides a critical defensive advantage.

What is a Federal Drug Conspiracy Charge Under 21 U.S.C. Section 846?

A federal drug conspiracy charge does not require proof that an individual was caught with physical narcotics in their possession. Instead, prosecutors must prove beyond a reasonable doubt that an agreement existed between multiple individuals to violate federal drug laws. Under federal conspiracy doctrines, a defendant can be held legally accountable for the entire drug weight distributed by the broader organization. Defending against these broad, sweeping conspiracy indictments demands an aggressive and deeply analytical legal strategy.

How Do Defense Attorneys Challenge the Government’s Drug Weight Calculations?

Challenging the exact weight of the seized controlled substances is a primary battlefield in federal narcotics defense. Federal law includes the weight of any carrier mediums, adulterants, or diluents when calculating the total statutory threshold. Our legal team cross-examines forensic chemists, audits laboratory testing equipment, and reviews chain-of-custody logs for structural errors. Forcing the government to substantiate every single gram can successfully lower a client’s mandatory minimum exposure.

Why is the General Federal Saving Statute Important in Criminal Cases?

The general federal saving statute dictates that the amendment or repeal of a criminal law does not automatically extinguish past legal liabilities. Historically, this meant that individuals who broke an old law were forced to face those severe terms even if Congress later softened the penalties. The Dorsey decision successfully carved out an exception by proving that Congress intended the Fair Sentencing Act to override this default rule for newer sentencings. Understanding how this saving rule interacts with modern criminal justice reform is vital when structuring any retroactive litigation strategy.

Can an Older Federal Crack Cocaine Sentence Be Reduced Retroactively?

Yes, individuals currently serving sentences imposed under the obsolete 100-to-1 crack cocaine laws can still seek retroactive adjustments. These retroactive applications are filed directly with the original sentencing court utilizing the modern frameworks set by the First Step Act. The presiding federal district judge retains the discretion to reduce the term of imprisonment after evaluating current guidelines and inmate safety. Our Tampa law office conducts detailed eligibility audits to assist families in pursuing these vital sentence modifications.

What Role Do Federal Presentence Investigation Reports Play in Sentencing?

A Presentence Investigation Report is a comprehensive document prepared by a federal probation officer prior to your sentencing date. This critical report details your personal history, financial status, complete criminal record, and the officer’s personal calculation of the sentencing guidelines. Because federal judges rely heavily on this document, any uncorrected factual or legal error can cause a significantly longer prison sentence. Our defense team carefully reviews every page of this report to submit formal, written legal objections before it reaches the judge.

How Can You Secure an Immediate Strategic Case Evaluation with drug2go.com?

When navigating the federal judicial system, delay is the enemy of a successful outcome. Our local Tampa legal team stands ready to step into the gap and protect your future from severe mandatory sentences. Call our central office directly at 813-222-2220 to establish immediate contact with an experienced practitioner. You may also outline your situation securely through our digital platform by visiting the drug2go.com Contact Portal right now.

Original Discussion from 2014

Federal Criminal Defense Attorney Lawyer for cocaine cases notes new United States Supreme Court case law on Mandatory minimum sentencing for Drug offenses under the Fair Sentencing Act’s more lenient mandatory minimum provisions.

The Court ruled today that the favorable provisions apply to offenders who committed crack cocaine crime before effective date of Act, but were sentenced after Act took effect .

The Court also held the new Act’s lower minimums also apply to those who committed an offense prior to effective date of Act and were sentenced after the new Act’s effective date, before new Guidelines took effect.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Drug Trafficker (alleged) Walks on Cocaine Cell Phone Search

W.F. ''Casey'' Ebsary Jr. — Tue, 30 Jun 2026 17:51:05 GMT

Drug Trafficker (Alleged) Walks on
Cocaine Cell Phone Search

An alleged Florida Drug Trafficker Walked on Cocaine charges. Charges were based upon a Cell Phone Search. The Number You Have Tracked is No Longer in Service – He was charged with ” possession of more than 400 grams of cocaine, as well as fleeing and eluding, driving while his license was revoked as a habitual offender, and resisting arrest without violence.”

The court questioned whether the warrantless use of electronically generated cell site location information to track an individual’s movements in real time both on public roads and, in this case, also into a residence, violates a subjective expectation of privacy in that person’s location . . . .”

The distinguishing factor in this case was the police tracked the suspect in his home.”Officers learned of his location on the public roads, and ultimately inside a residence, only by virtue of tracking his real time cell site location information emanating from his cell phone.”

Florida Supreme Court rules that “[t]he trial court found that the application for the October 23, 2007, order did not contain a sufficient factual basis on which to issue a search warrant, but denied the motion to suppress, finding that no warrant was required to use Tracey’s real time cell site location data to track him on public streets where the court held he had no expectation of privacy.” The Court found that the court below had erroneously “concluded that the exclusionary rule does not apply to prevent the State from using evidence derived from the statutory violation. . . . This conclusion was the result of reliance in part on federal decisions that have held that the exclusionary rule is not applicable to violation of the federal Stored Communications Act because the Act expressly rules out exclusion as a remedy, by stating that the listed civil and criminal penalties are the only judicial remedies and sanctions for violation of that act.”

Under Florida law, “[w] cannot overlook the inexorable and significant fact that, because cell phones are indispensable to so many people and are normally carried on one’s person, cell phone tracking can easily invade the right to privacy in one’s home or other private areas, a matter that the government cannot always anticipate and one which, when it occurs, is clearly a Fourth Amendment violation.”

Florida Supreme Court’s Ruling

“We further hold that under the circumstances of this case in which there was no warrant, court order, or binding appellate precedent authorizing real time cell site location tracking upon which the officers could have reasonably relied, the “good faith” exception to the exclusionary rule for “objectively reasonable law enforcement activity” set forth by the Supreme Court in Davis v. United States, 131 S. Ct. 2419, 2429 (2011), is not applicable. Thus, Tracey’s motion to suppress the evidence should have been granted.”

Cell Site Location Information Background – CSLI

“Cell site location information (also referred to as CSLI) refers to location information generated when a cell phone call occurs. Cell service providers maintain a network of radio base stations called “cell sites” in different coverage areas. A cell site will detect a radio signal from a cell phone and connect it to the local network, the internet, or another wireless network. The cell phones identify themselves by an automatic process called “registration,” which occurs continuously while the cell phone is turned on regardless of whether a call is being placed. When a call is placed and the cell phone moves closer to a different cell tower, the cell phone service provider’s switching system switches the call to the nearest cell tower. The location of the cell phone can be pinpointed with varying degrees of accuracy depending on the size of the geographic area served by each cell tower, and is determined by reference to data generated by cell sites pertaining to a specific cell phone. “

“Florida’s counterpart to this federal scheme is contained in chapter 934, Florida Statutes, titled “Security of Communications.” In 2007 when the order in this case was entered for installation of the pen register and trap and trace device as to Tracey’s cell phone, section 934.31, Florida Statutes (2007), similar to federal law, required a court order to “install or use a pen register or a trap and trace device.” § 934.31(1), Fla. Stat. (2007). Section 934.33(1), Florida Statutes (2007), allowed entry of the order if the officer making the application under section 934.32, Florida Statutes (2007), certified that the information likely to be obtained by the installation and use of a pen register or trap and trace device is “relevant to an ongoing criminal investigation” by that agency. § 934.32(2)(b), Fla. Stat. (2007) (emphasis added). “

Complete Opinion is here:

https://drive.google.com/file/d/0Bw1ZJqIwtQE4VlEwWjdJVkRwVk0/view?usp=sharing
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Constructive Possession of Cocaine in Florida – Conviction Tossed

W.F. ''Casey'' Ebsary Jr. — Tue, 30 Jun 2026 17:30:05 GMT

What happens in a typical Constructive of Possession of Cocaine Case in Florida?

Here are excerpts from what a constructive possession appeals court court just did in Tampa Bay, Florida:

In March 2014, Manatee County Sheriff’s deputies were called to a motel in Bradenton to investigate a possible robbery. When they arrived, they encountered the victim who informed them she had been robbed by Edwards and his friend, Rachel Simms. The officers located Edwards and Simms in a motel room and interviewed them. During the investigation, the officers discovered a car key for a vehicle parked outside. One of the officers had seen Edwards sitting in the driver’s seat of the vehicle a couple of hours prior to the robbery call. As a result, the officers asked Edwards for consent to search the vehicle. Edwards notified the officers that he did not own the vehicle but instead had borrowed it. The officers then obtained consent from the owner of the vehicle, but the owner advised the officers that the key found in the motel room would only work in the vehicle’s ignition. It would not open the vehicle because the vehicle was equipped with a combination lock. The owner gave the officers the combination to unlock the vehicle, but the evidence reflected that Edwards knew the combination as well.

Constructive Possession of Cocaine

During the search of the vehicle, one of the officers located a gray canvas bag under the driver’s seat. Inside that bag was a wallet that contained Edwards’s identification card as well as a bail bond receipt bearing the name of “Joanne A. Simms.” The robbery victim’s identification card was also found in the canvas bag along with a few other items that contained no identifying information. The police report reflected that there was a smaller purple bag inside the canvas bag and inside that smaller bag was a plastic baggie containing rock cocaine. The officer who found the cocaine testified that there was indeed a purple bag inside the canvas bag despite the fact that there was no purple bag submitted into evidence at the sheriff’s office.

“While this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with . . . innocence.”

Edwards was arrested and charged with robbery with a firearm and possession of cocaine. At trial, Simms testified regarding the events leading up to and including the alleged robbery. However, her testimony revealed some inconsistencies regarding exactly when she had been inside the vehicle in question. She at first admitted going with Edwards and the victim to get cigarettes, but she subsequently denied being in the vehicle on the day of the alleged robbery. However, Edwards testified that on the relevant date, he, Simms, and the victim all got into the vehicle and went to a local convenience store to obtain cigarettes. He testified that Simms drove the vehicle there. He denied possessing the cocaine, and there was no evidence presented regarding ownership of the canvas bag or the purple bag within the canvas bag. There was also no fingerprint evidence submitted.

Edwards moved for judgment of acquittal arguing that the vehicle had been jointly occupied and that the State had failed to present independent proof that Edwards had knowledge of the cocaine and the ability to maintain dominion or control over it. He proffered that it was possible that Simms or the victim placed the cocaine in the bag. His motion was denied.

Ultimately, the jury acquitted Edwards of the armed robbery charge but found him guilty of the possession charge. He was sentenced to a suspended five-year prison sentence and placed on one year of community control followed by two years of probation. His license was also suspended, and a community service requirement was imposed.

Why did the Florida Court Reverse the Drug Crime Conviction?

We employ de novo review over the denial of a motion for judgment of acquittal. See Pagan v. State, 830 So. 2d 792, 803 (Fla.2002). We will only reverse if the conviction is not supported by competent, substantial evidence. See id. Yet “[w]here, as here, the evidence of the defendant’s guilt is entirely circumstantial, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence.” Bennett v. State, 46 So. 3d 1181, 1183 (Fla.2d DCA 2010) (citing State v. Law, 559 So. 2d 187, 188 (Fla.1989)).

What does the Prosecutor Need to Prove to establish Possession of Cocaine in a Drug Crimes Case?

Here, Edwards was not found in physical possession of the cocaine and thus the State’s case was predicated on constructive possession. The State was required to prove, beyond a reasonable doubt, that Edwards knew of the presence of the cocaine and had the ability to exercise dominion and control over it. Bennett, 46 So. 3d at 1184; Jacksonv. State, 995 So. 2d 535, 539 (Fla.2d DCA 2008). “The surrounding circumstances must support the inference of a ‘conscious and substantial possession by the accused, as distinguished from a mere involuntary or superficial possession.’ ” Jackson, 995 So. 2d at 539 (quoting Reynolds v. State, 111 So. 285, 286 (Fla.1926)). “Mere proximity to contraband, without more, is legally insufficient to prove possession.” Id.(quoting Pena v. State, 465 So. 2d 1386, 1388 (Fla. 2d DCA 1985)).

“As our case law has made clear, a defendant’s knowledge and control of contraband may be inferred where there are incriminating circumstances beyond mere proximity from which a jury could infer those elements.”

The evidence failed to show that Edwards had knowledge of the presence of or had the ability to exercise dominion and control over the cocaine. Although he admitted borrowing the car, knew the combination to unlock it, and had been seen sitting in the driver’s seat a couple of hours prior to the alleged robbery, he was not with the vehicle when the officers arrived. Further, there was evidence presented that Simms and the victim had been in the vehicle with Edwards that day and that Simms had actually driven the vehicle.

What happens in Drug Possession cases when the vehicle has multiple occupants?

Where the area in which drugs are found is in joint, rather than exclusive possession, a defendant’s “knowledge of the contraband’s presence and the ability to control it will not be inferred from the ownership but must be established by independent proof.” Jackson, 995 So. 2d at 539 (quoting Brown v. State, 428 So. 2d 250, 252 (Fla. 1983)). This can be done either “through ‘evidence that the defendant had actual knowledge of the presence of the contraband or evidence of incriminating statements or circumstances, other than simple proximity to the contraband, from which the jury could infer the defendant’s knowledge’ of the contraband.” Id.(quoting Wagner v. State, 950 So. 2d 511, 513 (Fla.2d DCA 2007)). “An inference of knowledge and dominion and control may . . . arise where the contraband located in [a] jointly occupied [area] is found in or about other personal property which is shown to be owned or controlled by the defendant.” Id.

What happens in a Possession of Cocaine Case where the area that drugs were found was Jointly Occupied?

However, in this case, the cocaine was found in an area that the evidence reflected had been jointly occupied, and the cocaine was found near personal property which was shown to be owned or controlled by at least three people including Edwards. The victim’s identification card was located inside the gray canvas bag, and a bail bond receipt bearing the name of “Joanne A. Simms” was found inside Edwards’s wallet. Consequently, under these limited circumstances, we refuse to apply an inference of Edwards’s knowledge of the presence of and dominion and control over the cocaine. Cf. Jackson, 995 So. 2d at 540-41 (holding that surrounding circumstances were sufficient for a rational jury to conclude that the drugs contained in a change purse located near the defendant were known to him and were under his dominion and control where the change purse appeared to have spilled from a larger purse, the defendant was known to carry a purse and there were no other purses in the dwelling, the defendant’s identification was found inside a cigarette case that also appeared to have spilled from the purse, and there was no evidence in or around the purse or the change purse that they belonged to anyone other than defendant).

What does a Florida Court do where there is a defense based upon a jointly occupied vehicle?

This court has previously reversed a conviction based on constructive possession where a defendant was in a jointly occupied vehicle and drugs were located near his personal belongings but the items were in an area to which the other passengers had equal access.1 See, e.g., S.B. v. State, 657 So. 2d 1252, 1253 (Fla. 2d DCA 1995) (holding that evidence was not inconsistent with the defendant’s theory that someone put marijuana in his bag where the bag was located inside the trunk and the marijuana was found inside another container that was inside the defendant’s bag, where multiple people had access to the bag, and where the defendant disclaimed ownership of the container). This is such a case.

What do Florida Courts do when there is a Jointly Occupied House?

Similar dispositions have occurred where drugs were found concealed near a defendant’s personal property inside jointly occupied houses. See, e.g., Bennett, 46 So. 3d at 1183 (holding in relevant part that the State failed to prove constructive possession of drugs found inside a cardboard box where defendant’s shirt was found because there was no evidence to prove who owned the other clothes in the box and defendant had a reasonable hypothesis that he threw his shirt on top of the box without knowing that the drugs were inside); N.K.W., Jr. v. State, 788 So. 2d 1036, 1038 (Fla. 2d DCA 2001) (holding evidence was insufficient to establish constructive possession where, although drugs were found in a plastic bag inside defendant’s wallet, defendant was never asked if the bag belonged to him, no fingerprints were lifted from the bag, defendant denied ownership of the bag, and multiple people had access to the room where his wallet was located); Evans v. State, 32 So. 3d 188, 189-90 (Fla. 1st DCA 2010) (holding that the State failed to prove constructive possession where drugs were hidden in a pain reliever bottle inside a small toiletry bag, which was itself inside a duffel bag that also contained the defendant’s passport, but where no one was in actual possession of the duffel bag at the time of the search, multiple people had access to the room where the bag was found, no fingerprints were found on the duffel bag or pain reliever bottle, and no one was asked about ownership of the pill bottle).

The proximity of Edwards’s identification to the purple bag in which the cocaine was concealed might be consistent with his having knowledge of the cocaine and dominion and control over it. Yet those facts are equally susceptible to the reasonable hypothesis that the cocaine was in the possession and control of Simms or the victim while they were in the vehicle and that Edwards simply threw his wallet into the gray canvas bag without knowing that the cocaine was inside. See Bennett, 46 So. 3d at 1184. Indeed, there was no evidence presented as to when the cocaine was placed in the purple bag or when the purple bag was placed inside the gray canvas bag. See Evans v. State, 32 So. 3d 188, 191 (Fla. 1st DCA 2010) (noting that presence of the defendant’s passport in duffel bag suggests he placed it there, but explaining that “[s]uch an inference . . . provides no time frame with regard to when the contraband came to reside in the bag, nor any help as to appellant’s present dominion over the contraband” and, therefore, the “mere presence of the passport” was insufficient to establish defendant’s constructive possession). The lack of a time frame for placement of the cocaine in either bag, combined with the lack of evidence regarding ownership of either bag, the lack of fingerprint evidence, and the fact that items belonging to persons other than Edwards were also located in the gray canvas bag lead us to conclude that the State’s circumstantial evidence failed to prove that Edwards was in constructive possession of the cocaine.possession of the cocaine.possession of the cocaine. While this case does present circumstances that could be interpreted as incriminating, those circumstances can also be construed as being consistent with Edwards’s hypothesis of innocence.

Reversed and remanded with instructions.

What does a Florida Court do where there is a defense based upon a jointly occupied house?

We emphasize that it was the combination of these factors that requires us to reverse the judgment in this case. We do not intend for this opinion to be interpreted as requiring reversal whenever drugs are located near a defendant’s personal items that are commingled with personal items belonging to someone else. As our case law has made clear, a defendant’s knowledge and control of contraband may be inferred where there are incriminating circumstances beyond mere proximity from which a jury could infer those elements. See Jackson, 995 So. 2d at 539.

Source:

http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/February/February%2012,%202016/2D15-612.pdf
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Drug1904 Trafficking in Cocaine 28 to 200 Grams

W.F. ''Casey'' Ebsary Jr. — Tue, 30 Jun 2026 17:15:16 GMT

Facing DRUG1904 Trafficking in Cocaine Charges (28-200g) in Hillsborough County?

You Need an Experienced Tampa Criminal Defense Attorney Immediately.

The term DRUG1904 is a specific code likely used by law enforcement and the court system in Hillsborough County, Florida, to categorize arrests and charges related to Trafficking in Cocaine involving quantities between 28 grams and 200 grams. While not part of the official statutory language itself (which is Florida Statute § 893.135(1)(b)1.a.), DRUG1904 serves as shorthand for this very serious first-degree felony charge. If you see DRUG1904 on arrest paperwork, charging documents, or court dockets in Hillsborough County, understand that it signifies you are accused of a crime carrying a possible mandatory minimum sentence of 3 years in prison and a $50,000 fine upon conviction.

If you or a loved one has been arrested and charged under the designation DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS in Hillsborough County, Florida, you are facing a severe first-degree felony with significant mandatory penalties. This is not a charge to take lightly. The time to act is now.

My name is W.F. “Casey” Ebsary Jr., and I am a dedicated Tampa criminal defense attorney with extensive experience defending individuals against serious trafficking drug charges throughout Hillsborough County and the surrounding areas. I understand the fear and uncertainty that comes with a trafficking charge. My goal is to protect your rights, explore every possible defense, and fight for the best possible outcome in your case.

Don’t delay. Call me directly at 813-222-2220 for a confidential consultation to discuss your specific situation.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

Understanding the Charge: DRUG1904 – Trafficking in Cocaine (28g to <200g)

The designation DRUG1904 corresponds specifically to the charge of Trafficking in Cocaine, involving a quantity of 28 grams or more, but less than 200 grams, under Florida Statute § 893.135(1)(b)1.a. This statute outlines the serious nature of this offense.

Key Elements the Prosecution Must Prove:

To secure a conviction for DRUG1904 Trafficking in Cocaine (28g to <200g), the State Attorney’s Office must prove the following elements beyond a reasonable doubt:

Knowledge: You knew the substance you possessed or handled was cocaine or a mixture containing cocaine.

Intent/Action: You knowingly sold, purchased, manufactured, delivered, brought into Florida, OR were in actual or constructive possession of the substance.

Quantity: The amount of cocaine, or the mixture containing cocaine, was 28 grams or more, but less than 200 grams.

What is “Actual” vs. “Constructive” Possession?

Actual Possession: This means the cocaine was physically on your person (e.g., in your pocket, hand, or a bag you were carrying).

Constructive Possession: This is more complex. It means the cocaine was not on your person but was in a place over which you had control (or shared control), and you knew it was there, and knew of its illicit nature. Examples include drugs found in your car’s glove box, under your bed, or in a shared living space. Proving constructive possession often requires the prosecution to show evidence linking you directly to the drugs beyond mere proximity. This is a frequent area where defenses can be mounted.

Florida Statute § 893.135(1)(b)1.a. – The Law:

The relevant portion of the Florida Statutes clearly states:

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms [Note: the sub-section addresses the 200g limit] of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

a. If the quantity involved: Is 28 grams or more, but less than 200 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.

You can review the full text of Florida Statute § 893.135 directly on the Florida Legislature’s official website: Florida Statute § 893.135 (Note: Always ensure you are viewing the most current version of the statute).

Severe Penalties for DRUG1904 Conviction in Florida

A conviction for DRUG1904 Trafficking in Cocaine (28g to <200g) carries mandatory minimum penalties:

Mandatory Minimum Prison: Three (3) years in Florida State Prison. The judge must impose this sentence upon conviction unless specific legal exceptions apply (discussed below).

Mandatory Minimum Fine: $50,000.

Beyond these mandatory minimums, a first-degree felony is punishable by:

Up to thirty (30) years in prison.

Up to $10,000 in additional fines (beyond the mandatory $50,000).

Felony probation.

Long-Term Consequences:

A felony conviction for drug trafficking creates lifelong obstacles:

Permanent Criminal Record: Making it difficult to find employment, secure housing, or obtain professional licenses.

Loss of Civil Rights: Including the right to vote (until restored) and the right to own or possess firearms.

Driver’s License Suspension: A conviction often triggers a mandatory suspension by the Florida DHSMV.

Immigration Consequences: Non-citizens face potential deportation, denial of re-entry, or inability to obtain citizenship.

Educational Opportunities: Difficulty getting accepted into colleges or receiving financial aid.

Social Stigma: The label of “convicted drug trafficker” can have profound personal and social impacts.

Given these severe and life-altering consequences, mounting a vigorous defense is critical.

Defending Against DRUG1904 Cocaine Trafficking Charges

An arrest is not a conviction. There are numerous potential defense strategies that an experienced criminal defense attorney like myself can explore. Every case is unique, but common defenses in DRUG1904 cases include:

Illegal Search and Seizure: If law enforcement violated your Fourth Amendment rights during the search of your person, vehicle, or home, the evidence obtained (the cocaine) may be suppressed, potentially leading to dismissal. This involves scrutinizing the traffic stop, search warrant validity, or consent given. Explore more about your rights during searches on my website: drug2go.com.

Lack of Knowledge: The prosecution must prove you knew the substance was cocaine. If you were unaware of the drugs’ presence or their illicit nature (e.g., holding a package for someone else without knowing its contents), this can be a defense.

Lack of Possession (Actual or Constructive): Especially in constructive possession cases, we can challenge whether the state can prove you exercised dominion and control over the location where the drugs were found and knew they were there. Mere proximity to drugs is not enough for a conviction.

Insufficient Quantity: The state must prove the weight was 28 grams or more. We can challenge the weighing procedure, the calibration of the scales, or whether the entire mixture weight should count if it contains non-illicit substances.

Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed, this may be a defense.

Substantial Assistance: Florida law allows for potential avoidance or reduction of mandatory minimum sentences if a defendant provides “substantial assistance” in the identification, arrest, or conviction of other individuals involved in drug trafficking. This is a complex area requiring careful negotiation.

Misidentification: Challenging eyewitness accounts or confidential informant reliability.

Chain of Custody Issues: Challenging how the alleged drugs were handled, stored, and tested by law enforcement and the crime lab.

Developing the right defense strategy requires a thorough investigation of the facts, analysis of the police reports, witness interviews, and understanding of the specific procedures used by law enforcement agencies like the Hillsborough County Sheriff’s Office or the Tampa Police Department.

Understanding “DRUG1904” in Hillsborough County

Facing a DRUG1904 charge requires immediate action. Because DRUG1904 represents a high-level felony with mandatory penalties, securing experienced legal representation familiar with Hillsborough County courts and prosecutors is crucial. Defenses against DRUG1904 often involve challenging the legality of the stop or search, questioning the evidence of possession (especially constructive possession), disputing the weight or identity of the substance, or exploring potential mitigation strategies like substantial assistance. Do not underestimate the severity of a DRUG1904 designation; it demands a robust defense strategy from the outset. Contact W.F. “Casey” Ebsary Jr. at 813-222-2220 immediately if you are facing a DRUG1904 charge in Hillsborough County.

Why Choose W.F. “Casey” Ebsary Jr. for Your Defense?

When your freedom and future are on the line, you need an attorney who understands the stakes and knows how to navigate the complexities of the Florida criminal justice system, particularly within Hillsborough County.

Experience: I have years of experience specifically prosecuting and defending serious drug trafficking cases like DRUG1904.

Local Knowledge: Practicing extensively in Hillsborough County means I am familiar with the local courts, judges, prosecutors, and law enforcement procedures. This local insight is invaluable.

Aggressive Representation: I am committed to fighting vigorously for my clients, challenging the prosecution’s case at every turn.

Personalized Attention: You will work directly with me, Casey Ebsary. I ensure my clients understand the process and are involved in their defense strategy.

Proven Results: While no attorney can guarantee an outcome, I have a track record of achieving favorable results for clients facing serious charges. Explore my main site for more information about my practice: drug2go.com.

Contact Casey Ebsary Today – Your First Step Towards Defense

If you or someone you know has been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS in Hillsborough County, the time to consult with an attorney is immediately. Do not speak to law enforcement without legal representation. Anything you say can be used against you.

Call me, W.F. “Casey” Ebsary Jr., directly at 813-222-2220.

You can also reach out through my website. Please visit my Contact Casey the Lawyer page for more ways to get in touch. There you will find a secure contact form where you can provide details about your situation. Submitting information through the contact form or calling initiates a confidential consultation where we can discuss the specifics of your DRUG1904 charge and how I can help build your defense. Don’t wait for the prosecution to build its case – start your defense strategy now.

Frequently Asked Questions (Q&A) about DRUG1904 Cocaine Trafficking (28-200g)

What exactly is DRUG1904?

DRUG1904 is a code likely used by Hillsborough County law enforcement/courts for the charge of Trafficking in Cocaine (28g to <200g) under Florida Statute § 893.135(1)(b)1.a. It signifies a first-degree felony with mandatory penalties.

What are the mandatory minimum penalties for DRUG1904?

Upon conviction, the mandatory minimum sentence is 3 years in prison and a $50,000 fine.

Can I get bail if charged with DRUG1904?

Bail (bond) is possible but often set high for trafficking charges due to their severity. Factors include flight risk, community ties, and prior record. An attorney can argue for a reasonable bond at your first appearance hearing.

What if the drugs weren’t mine, but they were found in my car/house?

This involves the concept of “constructive possession.” The prosecution must prove you knew the drugs were there and had control over them. Simply being present isn’t enough. This is a critical area for defense.

Does the 3-year mandatory sentence mean I’ll only serve 3 years?

The 3-year sentence is the minimum the judge must impose upon conviction. The maximum sentence for this first-degree felony is 30 years. The actual sentence depends on many factors, but it cannot be less than 3 years without specific legal exceptions.

Can the charges be reduced or dismissed?

Yes, depending on the facts. Defenses like illegal searches, lack of evidence, or issues with proving possession or quantity can lead to reduced charges (e.g., simple possession) or complete dismissal. Negotiation or providing substantial assistance are other potential avenues.

What is “substantial assistance”?

This involves cooperating with law enforcement to help them investigate or prosecute others. If the State Attorney agrees you provided substantial assistance, they can request the judge waive or reduce the mandatory minimum sentence. This requires careful legal guidance.

Should I talk to the police if arrested for DRUG1904?

No. You have the right to remain silent and the right to an attorney. Politely state that you wish to exercise these rights and do not answer any questions without your lawyer present. Anything you say can be used against you.

How much does it cost to hire an attorney for a DRUG1904 case?

Legal fees vary based on the complexity of the case. I offer a confidential initial consultation to discuss your case and my fees. Defending against a serious felony like trafficking is an investment in your future. Contact me at 813-222-2220 to discuss.

Why do I need a lawyer specializing in criminal defense for a DRUG1904 charge?

Drug trafficking laws are complex, the penalties are severe, and the procedures are specific. An experienced criminal defense attorney understands the nuances of the law, potential defenses, negotiation strategies, and the local court system (especially Hillsborough County). This specialized knowledge is essential for protecting your rights and achieving the best possible outcome.

Florida Cocaine Minimum Mandatory Law

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Tampa, Florida 33606
Phone: 813-222-2220
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Cocaine Trafficking 28 – 200 Grams

If you have been charged with DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS you can call a Tampa Criminal Defense Attorney at 1-877-793-9290 and tell me your story.

Form Code: DRUG1904
Florida Statute: 893.135.1B1A
Level: Fel (Felony)
Degree: 1st

Description: TRAFFICKING IN COCAINE 28 TO 200 GRAMS
DRUG1904 TRAFFICKING IN COCAINE 28 TO 200 GRAMS is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

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:

(b)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 28 grams or more, but less than 200 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 Standard Jury Instruction:

25.11 TRAFFICKING IN ILLEGAL DRUGS

§ 893.135(1)(c), Fla. Stat.

            Certain drugs and chemical substances are by law known as “controlled substances.” (Specific substance alleged) or any mixture containing (specific substance alleged) is a controlled substance.

            To prove the crime of Trafficking in Illegal Drugs, the State must prove the following four elements beyond a reasonable doubt:

            1.         (Defendant) knowingly

                                    [sold]

                                    [purchased]

                                    [manufactured]

                                    [delivered]

                                    [brought into Florida]

                                    [possessed]

                        a certain substance.

2.         The substance was [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [herion] [(specific substance alleged)]].

3.         The quantity of the substance involved was 4 grams or more.

            See State v. Dominguez, 509 So. 2d 917 (Fla. 1987).

4.         (Defendant) knew that the substance was [[morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)] [a mixture containing [morphine] [opium] [oxycodone] [hydrocodone] [hydromorphone] [heroin] [(specific substance alleged)]].

            If applicable under the facts of the case and pursuant to § 893.135(2), Fla. Stat., the following bracketed language should be given instead of element 4 above. For example, if it is alleged that the defendant intended to sell heroin but actually sold (specific substance alleged), the alternate element 4 would be given.

[4.        (Defendant) intended to [sell] [purchase] [manufacture] [deliver] [bring into Florida] [possess] (an enumerated controlled substance in § 893.135(1), Fla. Stat.), but actually [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] (specific substance alleged) or a mixture containing (specific substance alleged).]

            Definitions. Give as applicable.

            Sell.

            “Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value.

            Manufacture. § 893.02(13)(a), Fla. Stat.

            “Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

            Deliver. § 893.02(5), Fla. Stat.

            “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

            Possession.

            To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed.

            Possession may be actual or constructive.

            Actual possession means:

a.         The controlled substance is in the hand of or on the person, or

b.         The controlled substance is in a container in the hand of or on the person, or

c.         The controlled substance is so close as to be within ready reach and is under the control of the person.

            Give if applicable.

            Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

            Constructive possession means the controlled substance is in a place over which the (defendant) has control, or in which the (defendant) has concealed it.

            In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must prove the (defendant’s) (1) control over the controlled substance and (2) knowledge that the controlled substance was within the (defendant’s) presence.

            Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article.

            If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed.

            If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed.

            Knowledge of the illicit nature of the controlled substance. Give if applicable. § 893.101(2) and (3), Fla. Stat.

            Knowledge of the illicit nature of the controlled substance is not an element of the offense of (insert name of offense charged). Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense. (Defendant) has raised this affirmative defense. However, you are permitted to presume that (defendant) was aware of the illicit nature of the controlled substance if you find that (defendant) was in actual or constructive possession of the controlled substance.

            If from the evidence you are convinced that (defendant) knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, you should find (defendant) guilty.

            If you have a reasonable doubt on the question of whether (defendant) knew of the illicit nature of the controlled substance, you should find (defendant) not guilty.

            See State v. Weller, 590 So. 2d 923 (Fla. 1991).

            If you find the defendant guilty of Trafficking in Illegal Drugs, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

            Enhanced penalty. Give if applicable up to extent of charge.

a.         [The quantity of the substance involved was 4 grams or more but less than 14 grams.]

b.         [The quantity of the substance involved was 14 grams or more but less than 28 grams.]

c.         [The quantity of the substance involved was 28 grams or more but less than 30 kilograms.]

d.         [The quantity of the substance involved was 30 kilograms or more.]

Lesser Included Offenses

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)

Comment

This instruction was adopted in 1981 and amended in 1985 [477 So. 2d 985], 1987 [509 So. 2d 917], 1989 [543 So. 2d 1205], 1997 [697 So. 2d 84], and 2007 [969 So. 2d 245]. See also SC03-629 [869 So. 2d 1205 (Fla. 2004)].

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Drug1300 Possession of Cocaine with Intent to Sell or Distribute

W.F. ''Casey'' Ebsary Jr. — Tue, 30 Jun 2026 16:22:35 GMT

Facing DRUG1300 Charges in Hillsborough County? Possession of Cocaine with Intent to Sell Defense (Updated for 2025)

An arrest for Possession of Cocaine with Intent to Sell or Distribute in Florida, often logged under the code DRUG1300 in Hillsborough County criminal records, is a charge that demands immediate and serious attention. This is not a minor offense; it’s a felony that carries the potential for lengthy imprisonment, crippling fines, and a permanent mark on your record that can derail your future prospects for employment, housing, professional licenses, and even basic civil rights like voting or owning a firearm.

If you or someone you know is facing a DRUG1300 charge in Tampa, Plant City, or anywhere within Hillsborough County, you are likely feeling overwhelmed, scared, and uncertain about what comes next. The State Attorney’s Office prosecutes drug crimes aggressively. You need a defense attorney who understands the specific nuances of Florida drug law as outlined in the official statutes, knows the local court system, and is prepared to fight vigorously to protect your rights and your future.

My name is W.F. “Casey” Ebsary Jr., and I am a Tampa-based criminal defense attorney. For years, I have dedicated my practice to defending individuals against serious felony charges, including Possession with Intent to Sell Cocaine (DRUG1300). I understand the stakes are high, and I am committed to providing a strategic, aggressive defense tailored to the specific facts of your case.

Don’t face the power of the State alone. Call me, Casey Ebsary, 24 hours a day, 7 days a week at 813-222-2220 for a free, confidential consultation to discuss your DRUG1300 charge.

Understanding Possession of Cocaine with Intent to Sell (DRUG1300) Under Florida Law

The core statute governing this offense is Florida Statute § 893.13(1)(a) This law explicitly states that, except as authorized, it is unlawful for any person to “sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.”

Cocaine is explicitly listed as a Schedule II controlled substance under Florida Statute § 893.03(2)(a)4. While simple possession of cocaine is itself a felony, the allegation that you intended to sell, manufacture, or deliver it significantly increases the severity of the charge and the potential penalties.

What the Prosecution Must Prove Beyond a Reasonable Doubt:

For the Hillsborough County State Attorney to secure a conviction for Possession of Cocaine with Intent to Sell (DRUG1300) under F.S. § 893.13(1)(a), they carry the burden of proving all of the following elements:

Knowing Possession: The accused knowingly had possession of the substance. Possession can be:

Actual Possession: The substance was found on the person’s body, in their hand, or in a container in their hand or pocket – essentially, within immediate physical control.

Constructive Possession: The substance was not on the person but was located in a place over which the accused exercised dominion and control (e.g., their car, their room), the accused knew the substance was present, and the accused knew of the illicit nature of the substance. Proving constructive possession can be complex, especially if multiple people had access to the location where the drugs were found.

Identification of Substance: The substance possessed was, in fact, cocaine. This typically requires chemical analysis by a state crime lab.

Intent to Sell, Manufacture, or Deliver: The accused possessed the cocaine not merely for personal use, but with the specific purpose of distributing it to others. This is often the most heavily contested element in DRUG1300 cases.

Inferring “Intent to Sell”: How Prosecutors Build Their Case

Direct evidence of intent to sell (like a recorded confession or a witnessed sale) is uncommon. Therefore, prosecutors typically rely on circumstantial evidence to convince a judge or jury of the accused’s intent. Common factors they point to include:

Quantity of Cocaine: Possessing an amount larger than what is typically considered for personal use (though Florida Statute § 893.135 establishes specific trafficking weights starting at 28 grams, even amounts less than this can be argued as intent to sell based on other factors).

Packaging: Cocaine divided into multiple, smaller, individually wrapped packages (e.g., small baggies, vials) consistent with street-level sales.

Presence of Drug Paraphernalia Associated with Sales: Items like digital scales, cutting agents (substances used to dilute cocaine), ledgers or records documenting transactions, and large sums of cash, especially in small denominations.

Absence of User Paraphernalia: The lack of items typically associated with personal cocaine consumption (like pipes, straws, or rolled bills).

Location: The arrest taking place in an area known by law enforcement for high drug trafficking activity.

Statements/Communications: Text messages, phone calls, or statements overheard by officers or witnesses that suggest drug dealing.

Firearms: The presence of firearms alongside the drugs can sometimes be used to imply protection of a drug-selling operation.

A skilled defense attorney scrutinizes each piece of circumstantial evidence the State presents, challenging its interpretation and presenting alternative, innocent explanations where applicable to combat the allegation of intent.

Penalties for Possession of Cocaine with Intent to Sell in Florida (as of 2025)

According to Florida Statute § 893.13(1)(a)1, Possession of Cocaine (as a Schedule II substance under F.S. 893.03) with Intent to Sell, Manufacture, or Deliver is classified as a Felony of the Second Degree. Per Florida’s general sentencing statutes F.S. § 775.082 and F.S. § 775.083 , potential penalties include:

Prison: A term of imprisonment not exceeding fifteen (15) years.

Probation: Up to fifteen (15) years of supervised probation.

Fines: A fine not exceeding $10,000.

Driver’s License Suspension: A mandatory minimum 6-month suspension/revocation of driving privileges upon conviction, pursuant to Florida Statute § 322.055 .

Permanent Felony Record: A felony conviction carries significant lifelong consequences, affecting rights and opportunities regarding employment, housing, firearm ownership, voting, and professional licensing.

Aggravating Factors Leading to Harsher Penalties:

Florida law specifies circumstances that can significantly increase the severity of the charge and potential penalties:

Proximity to Specific Locations: Under F.S. § 893.13(1)(c)-(f) , committing the offense (selling, manufacturing, delivering, or possessing with intent) within 1,000 feet of a school (between 6 a.m. and midnight), childcare facility, park, community center, place of worship, assisted living facility, public housing facility, or college/university elevates the crime to a Felony of the First Degree.

A first-degree felony is punishable by up to thirty (30) years in prison (F.S. § 775.082(3)(b), and a fine of up to $10,000 .

Certain offenses under this subsection, particularly near schools or childcare facilities, carry mandatory minimum prison sentences of 3 years.

Prior Convictions (Habitual Offender Laws): If you have prior felony convictions, the State may seek enhanced penalties under Florida Statute § 775.084 . Depending on the nature and timing of previous convictions, you could face significantly longer prison sentences and potential mandatory minimum terms as a Habitual Felony Offender (HFO) or Habitual Violent Felony Offender (HVFO).

Trafficking Thresholds: Possessing 28 grams or more of cocaine or any mixture containing cocaine automatically triggers Florida’s harsh drug trafficking laws F.S. § 893.135, . This is a separate, more serious first-degree felony charge carrying mandatory minimum prison sentences and extremely high fines, regardless of actual intent to sell:

28g to < 200g: Minimum 3 years prison + $50,000 fine.

200g to < 400g: Minimum 7 years prison + $100,000 fine.

400g to < 150kg: Minimum 15 years prison + $250,000 fine.

Important Note on Sentencing: Florida uses a Criminal Punishment Code (CPC) scoresheet to guide sentencing. Factors like the primary offense level, additional offenses, victim injury (rare in these cases but possible), and the defendant’s prior record generate points. A certain point threshold mandates a state prison sentence unless the judge finds grounds for a downward departure. An experienced attorney understands the scoresheet system and can argue for mitigating factors or departure grounds.

Understanding the Charge Code: DRUG1300

If you or a loved one has been arrested in Hillsborough County and reviewed the arrest affidavit or court documents, you might encounter the specific designation DRUG1300. What exactly does this alphanumeric code signify? DRUG1300 is an internal code frequently utilized by law enforcement agencies and the court system within Hillsborough County (and potentially neighboring jurisdictions) to specifically categorize the charge of Possession of Cocaine with Intent to Sell, Manufacture, or Deliver. It corresponds directly to the offense outlined in Florida Statute § 893.13(1)(a) when the controlled substance involved is cocaine, classified under Schedule II.

While “DRUG1300” isn’t part of the official statutory language itself, it acts as a critical shorthand for police, prosecutors, defense attorneys, and court clerks navigating the criminal justice system. Seeing DRUG1300 on paperwork confirms that the State is alleging more than simple possession; they believe they have evidence indicating an intent to distribute. Understanding this code helps clarify the precise nature and severity of the charge you are facing—a second-degree felony with significant potential penalties.

Therefore, searching for defenses against a DRUG1300 charge means seeking effective legal strategies to combat allegations of Possession of Cocaine with Intent to Sell within the specific context of the Hillsborough County legal environment. Given the serious consequences linked to DRUG1300, prompt action is essential. At the Law Office of W.F. “Casey” Ebsary Jr., we are familiar with how DRUG1300 cases are handled locally and are prepared to build a robust defense. If this code appears in your case, contact us immediately at 813-222-2220.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

Potential Defenses to Possession of Cocaine with Intent (DRUG1300)

Just because you’ve been arrested doesn’t mean you will be convicted. A knowledgeable criminal defense attorney can identify and assert various defenses to challenge a DRUG1300 charge. Some potential avenues include:

Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches. If police stopped your vehicle without reasonable suspicion, searched your home without a valid warrant (or a valid exception to the warrant requirement), or otherwise violated your constitutional rights, the cocaine and any other evidence seized might be suppressed. A successful motion to suppress can gut the prosecution’s case.

Lack of Possession (Actual or Constructive): Can the State definitively link the cocaine to you?

Constructive Possession Challenges: If drugs were found in a car with passengers, a shared apartment, or another area where multiple people had access, the State must prove you had knowledge of the drugs’ presence and the ability to exercise dominion and control over them. Mere proximity is often insufficient.

Actual Possession Challenges: Was the item truly “on your person”? Was the discovery procedure lawful?

Lack of Knowledge: The State must prove you knew the substance was cocaine. If you reasonably believed it was something else, or if it was hidden in your belongings by someone else without your awareness, this could be a defense.

No Intent to Sell: This is frequently the core battleground. Arguments can include:

The quantity possessed was consistent with personal use, not distribution.

Lack of typical distribution indicators (no scales, baggies, large cash amounts, ledgers, incriminating messages).

Evidence of personal use (presence of user paraphernalia).

Problems with the Evidence:

Chain of Custody: Any breaks or inconsistencies in how the alleged cocaine was handled, stored, and transported from seizure to the lab can cast doubt on its integrity.

Lab Testing: Challenging the methodology or results of the crime lab’s analysis. Was the substance definitively identified as cocaine? Was the weight accurate (especially crucial near trafficking thresholds)?

Entrapment: If law enforcement officers or their agents improperly induced or persuaded you to commit a crime that you were not otherwise predisposed to commit.

Issues with Confidential Informants (CIs): Cases built on CI testimony are often vulnerable. A defense attorney will investigate the CI’s reliability, motivation (deals for testimony?), and potential biases, as well as whether police properly corroborated the CI’s information.

Florida’s 911 Good Samaritan Act F.S. § 893.21, This law provides limited immunity from arrest, charging, and prosecution for certain possession offenses (and paraphernalia) for individuals who, acting in good faith, seek medical assistance for someone (including themselves) experiencing a drug or alcohol overdose. Eligibility depends on specific circumstances.

Developing the right defense strategy requires a detailed analysis of your unique case facts. I will explore every possible angle. Visit my website for more general information on drug crime defense.

Potential Resolutions Beyond Trial

While preparing a robust defense for trial is crucial, many cases are resolved before reaching a jury. Depending on the specific facts, the strength of the evidence, your criminal history, and negotiation, potential alternative resolutions include:

Dismissal of Charges: If critical evidence is suppressed due to constitutional violations, or if the prosecution cannot meet its burden of proof, charges may be dismissed outright or dropped via a “nolle prosequi.”

Reduced Charges: Negotiating a plea agreement where you plead guilty or no contest to a less serious offense, such as simple Possession of Cocaine (a third-degree felony) or even misdemeanor paraphernalia, resulting in lesser penalties.

Pre-Trial Intervention (PTI) or Drug Court: For eligible individuals (often first-time offenders or those with limited prior records), these diversion programs focus on rehabilitation rather than punishment. Successful completion typically leads to the dismissal of the charges. Admission usually requires approval from the State Attorney’s Office.

Withholding Adjudication: In some plea agreements, the judge may agree to withhold adjudication of guilt. While you still face penalties (like probation), avoiding a formal felony conviction can prevent the loss of certain civil rights and may be less damaging for future employment or licensing.

Probation: A sentence involving supervision in the community instead of prison, often with conditions like drug testing, counseling, community service, and fines.

Why You Need W.F. “Casey” Ebsary Jr. for Your Hillsborough County DRUG1300 Defense

Facing a felony drug charge like Possession of Cocaine with Intent to Sell demands experienced legal counsel familiar with local practices. Here’s why you should consider my firm:

Local Hillsborough County Experience: I practice regularly in the Thirteenth Judicial Circuit Court in Tampa. I am familiar with the local State Attorney’s office policies, the judges, and the specific procedures used in Hillsborough County drug cases.

Deep Knowledge of Florida Drug Laws: I was a Hillsborough County Drug Prosecutor and constantly monitor changes in statutes, case law (court decisions), and sentencing guidelines relevant to drug offenses.

Aggressive & Strategic Defense: I believe in a proactive defense. I will thoroughly investigate the State’s case, identify weaknesses, file appropriate motions (like Motions to Suppress or Dismiss), and aggressively advocate for your rights, whether in negotiations or in the courtroom.

Direct Attorney Contact: When you hire my firm, you work directly with me, Casey Ebsary. I prioritize clear communication, ensuring you understand the legal process, your options, and the status of your case.

Focus on Favorable Outcomes: My goal is always to achieve the best possible result for you, whether that means fighting for a complete dismissal, negotiating a significantly reduced charge, securing entry into a diversion program, or winning an acquittal at trial.

Available 24/7: I understand that legal emergencies require immediate attention. My phone line (813-222-2220) is open 24/7.

Frequently Asked Questions (Q&A) about Possession of Cocaine with Intent (DRUG1300)

What’s the main difference between simple possession and DRUG1300 in Florida?

Simple possession (usually a 3rd-degree felony) is possessing cocaine for personal use. DRUG1300 (Possession with Intent, a 2nd-degree felony) requires the State to prove you intended to sell, make, or deliver it. Penalties are much higher for DRUG1300.

Can I be charged with intent (DRUG1300) even if I didn’t actually sell anything?

Yes. The charge is based on intent, not a completed sale. Prosecutors use circumstantial evidence (quantity, packaging, scales, etc.) to try and prove that intent.

What if the cocaine wasn’t mine or I didn’t know it was in my car/house?

This involves defenses like Lack of Knowledge or challenging Constructive Possession. The State must prove you knew about the drugs and had control over them. If multiple people had access, it complicates the State’s case.

Is there a specific amount of cocaine that automatically triggers a DRUG1300 charge?

Below the 28-gram trafficking threshold, there’s no set amount. Any quantity can support an intent charge if other factors (packaging, scales) are present. However, larger amounts make the State’s argument easier.

What if police found scales or baggies but only a small amount of cocaine?

Police will likely still charge DRUG1300 based on the paraphernalia. However, a defense attorney can argue the amount is consistent with personal use and challenge the inference of intent based solely on the items.

Does a DRUG1300 conviction always mean prison?

Not automatically, unless mandatory minimums apply (e.g., trafficking weight, gun enhancement, certain location enhancements under F.S. § 893.13. However, as a 2nd-degree felony scoring under the Criminal Punishment Code, prison is a significant risk, especially with a prior record. Your attorney’s goal is to avoid prison through dismissal, acquittal, reduced charges, or alternative sentencing.

What are the first things I should do if arrested for DRUG1300?

Politely but firmly state you wish to remain silent and want an attorney. Do not answer police questions, consent to searches, or make any statements without counsel present. Contact W.F. “Casey” Ebsary Jr. at 813-222-2220 immediately.

Can Casey Ebsary get my DRUG1300 charge reduced or dismissed?

While no attorney can guarantee results, my goal is always to seek the best possible outcome. This often involves fighting for dismissal via motions, negotiating favorable plea deals to lesser charges (like simple possession), or securing acquittal at trial. Success depends on the specific facts and evidence.

How does “constructive possession” work in Florida?

It applies when drugs aren’t on your person. The State must prove (1) you knew the drugs were there, (2) you knew they were illegal, and (3) you had “dominion and control” over the place where they were found (e.g., your car, your bedroom).

Will a DRUG1300 charge suspend my driver’s license?

Yes. If adjudication is not with held, Under F.S. § 322.055 any conviction for a drug offense, including DRUG1300, results in a mandatory minimum 6-month driver’s license revocation by the Florida DHSMV.

Don’t Delay – Protect Your Future Today

A charge of Possession of Cocaine with Intent to Sell or Distribute (DRUG1300) in Hillsborough County is a serious legal battle with potentially devastating consequences. You need a defense lawyer who will stand by your side, fight for your rights, and pursue every legal avenue to protect your freedom and future.

Do not wait. Evidence can disappear, witness memories can fade, and the prosecution is already building its case. The sooner you have an experienced attorney involved, the stronger your defense can be.

Call the Law Office of W.F. “Casey” Ebsary Jr. right now at 813-222-2220. We are available 24/7 to take your call and provide a free, confidential consultation.

Contact Us for a Confidential Consultation

If you prefer to reach out online, please visit our dedicated contact page. You can send a secure message detailing your situation, and we will get back to you promptly. We understand the sensitive nature of these charges and assure you of complete confidentiality. Find our contact form and other contact details here.

Legal Citations (Official Florida Statutes Links):

Florida Statute § 893.13 (Prohibited acts; penalties):

Florida Statute § 893.03 (Controlled substance schedules):

Florida Statute § 893.135 (Trafficking offenses):

Florida Statute § 775.082 (Penalties; imprisonment):

Florida Statute § 775.083 (Penalties; fines):

Florida Statute § 775.084 (Habitual felony offenders):

Florida Statute § 322.055 (Driver’s license suspension for drug offenses):

Florida Statute § 893.21 (Drug-related overdose; medical assistance immunity):

Possession Cocaine Intent Distribute

If you have been charged with DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute) you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG1300
Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd
Description: POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute)

DRUG1300 POSSESSION OF COCAINE WITH INTENT TO SELL OR D (Possession of Cocaine with Intent to Sell or Distribute) one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Submarine and Defendants Are Sunk | Tampa Cocaine Attorney

W.F. ''Casey'' Ebsary Jr. — Mon, 29 Jun 2026 21:27:41 GMT

Cocaine Smuggling by Submarine: How Federal Prosecutors Target Maritime Drug Trafficking Cases

Federal cocaine trafficking cases often begin far from Florida’s shores. Some start thousands of miles away in the Pacific Ocean, involving semi-submersible vessels, international smuggling organizations, and multi-ton shipments of cocaine destined for the United States.

As a federal criminal defense attorney, I have followed maritime drug trafficking prosecutions for decades. Years ago, attorneys Steve Crawford, Michael Maddux, Ken Siegel, and I were involved in one of the first federal cases involving a submarine-like vessel intercepted near the Galapagos Islands carrying thousands of pounds of cocaine.

The vessel was destroyed, the crew was transported to the United States, and the defendants ultimately faced prosecution in federal court in Tampa.

Today, these prosecutions remain a major priority for federal law enforcement agencies, including the DEA, FBI, Coast Guard, Homeland Security Investigations (HSI), and the United States Attorney’s Office.

Tampa Cocaine Trafficking Attorney

The Rise of Cocaine Smuggling Submarines

Drug trafficking organizations have become increasingly sophisticated in their efforts to transport cocaine from South America to North America.

Traditional methods once relied heavily on:

Speedboats

Fishing vessels

Cargo ships

Aircraft

However, traffickers eventually developed semi-submersible vessels designed to evade radar, aircraft surveillance, and maritime interdiction efforts.

These vessels often travel hundreds or thousands of miles across international waters while carrying several tons of cocaine.

Many are intentionally designed to be difficult to detect and are frequently scuttled or sunk when law enforcement approaches.

Federal Law Targets Drug Trafficking Vessels Before Drugs Are Even Found

One of the most significant developments in maritime drug enforcement was Congress’s enactment of the Drug Trafficking Vessel Interdiction Act (DTVIA), codified at 18 U.S.C. § 2285.

The statute criminalizes operating or embarking on certain stateless semi-submersible vessels in international waters.

This law was designed to address a recurring problem faced by federal authorities. In many cases, crews would sink the vessel and destroy evidence before law enforcement could recover the cocaine.

Congress responded by creating a separate offense focused on the vessel itself.

Federal prosecutors no longer needed to prove that tons of cocaine were successfully recovered from the ocean floor if they could establish that the defendants were operating a prohibited vessel covered by federal law.

The Eleventh Circuit Upholds Federal Authority

The United States Court of Appeals for the Eleventh Circuit has repeatedly upheld the constitutionality of federal laws targeting maritime cocaine smuggling.

Defendants challenged the statute on numerous grounds, including:

Due process violations

Vagueness challenges

Double jeopardy concerns

Congressional authority under the High Seas Clause

Burden-shifting arguments

The Eleventh Circuit rejected those challenges and concluded that Congress possessed the constitutional authority to criminalize the operation of stateless semi-submersible vessels on the high seas.

The court emphasized that vessels operating without nationality enjoy few protections under international law and may be subject to enforcement actions by the United States.

Why Maritime Cocaine Cases Are Different

International trafficking prosecutions differ dramatically from traditional state drug cases.

Federal maritime investigations often involve:

International Investigations

Evidence may originate from multiple countries and involve foreign witnesses, intelligence reports, and international law enforcement cooperation.

Massive Drug Quantities

Maritime cases frequently involve thousands of kilograms of cocaine rather than the relatively small quantities seen in street-level prosecutions.

Mandatory Minimum Sentences

Federal trafficking statutes often impose severe mandatory minimum penalties based on drug weight.

Extraterritorial Jurisdiction

Defendants may be arrested thousands of miles from the United States yet still face prosecution in federal court.

Common Defenses in Federal Trafficking Cases

Although federal maritime trafficking cases are aggressively prosecuted, every case requires a careful review of the evidence.

Potential defenses may include:

Jurisdictional Challenges

Federal prosecutors must establish jurisdiction under applicable maritime statutes.

Knowledge and Intent

The government often must prove that a defendant knowingly participated in the trafficking venture.

Crew Member Defenses

Not every individual aboard a vessel occupies the same role. Some defendants may have limited involvement or knowledge compared to organizers and financiers.

Constitutional Issues

Searches, seizures, statements, and evidence collection procedures must comply with constitutional requirements.

Federal Drug Trafficking Penalties

The consequences of a federal trafficking conviction can be life-changing.

Potential penalties may include:

Offense Possible Penalties
Cocaine Trafficking Mandatory minimum prison sentences
Maritime Drug Law Enforcement Act Violations Lengthy federal imprisonment
Drug Trafficking Vessel Interdiction Act Violations Significant federal prison exposure
Conspiracy Charges Additional penalties and sentencing enhancements
Money Laundering Allegations Asset forfeiture and additional imprisonment

Federal sentencing often depends on:

Drug quantity

Criminal history

Role in the offense

Acceptance of responsibility

Cooperation considerations

Why Early Representation Matters

Federal drug trafficking investigations often begin months or years before arrests occur.

Agents may collect:

Electronic communications

GPS tracking data

Vessel records

Financial information

Witness statements

Surveillance evidence

Early intervention by experienced federal defense counsel can be critical when evaluating the government’s evidence and identifying potential defenses.

Tampa Federal Drug Trafficking Defense Attorney

I am W.F. “Casey” Ebsary Jr., a Board-Certified Criminal Trial Lawyer and former prosecutor with decades of experience handling serious state and federal drug prosecutions.

From international cocaine trafficking allegations to federal conspiracy charges and maritime drug enforcement cases, I have represented individuals facing some of the most serious drug allegations prosecuted in federal court.

If you or a family member is under investigation or has been charged with federal drug trafficking, cocaine smuggling, conspiracy, or maritime drug offenses, immediate legal representation is critical.

Learn more about my experience at https://drug2go.com/about/

Contact my office at https://drug2go.com/contact/ or call (813) 222-2220 for a confidential consultation.

Fighting for you or a friend.

W F Casey Ebsary Jr – Tampa Drug Crimes Defense Expert

Call 8132222220

Original Post 2011

A Submarine and the Crew / Defendants Are Sunk after this recent ruling from the Eleventh Circuit. Years ago my friends Steve Crawford, Michael Maddux, Ken Siegel, and I litigated the first case where thousands of pounds of Cocaine were found in the Pacific Ocean near the Galapagos Islands. We were quit troubled that the submarine was destroyed and the crew were brought to Tampa’a Middle District of Florida Federal Courthouse.

The Complete Opinion is Here for a Free Download:

Free Federal Submarine Case Online for Download | Complete Opinion.

Here is Tip From One of Our friends at the Federal Public Defender’s Office:

Begin Quote

“In this second published decision in as many days addressing the semi-submersible statute, the Eleventh Circuit once again rules that in enacting the Drug Trafficking Vessel Interdiction Act, 18 U.S.C. § 2285, Congress did not exceed its power under the High Seas Clause of the Constitution. Today s panel, however, disagrees with the rationale employed by yesterday s panel (without mentioning yesterday s decision). Yesterday s panel, in United States v. Valencia, 09-14204, relied on the international law principles on which it had previously relied in addressing the Maritime Drug Law Enforcement Act to conclude that Congress acted properly within its constitutional authority under the High Seas Clause in passing the DTVIA.

Today’s panel, however, held that those international law principles only apply to laws that govern the conduct of flagged vessels, and have no applicability to the stateless vessels governed by the DTVIA, because such vessels are international pariahs that have no internationally recognized right to navigate freely on the high seas.

Because the defendants in today s case did not plead guilty but were convicted following a bench trial before Judge Lazzara, the Eleventh Circuit was also required to address other constitutional challenges found waived by defendant s guilty pleas in yesterday’s case.

The Court found that the statute was not void for vagueness as applied to defendants.

The Court also upheld the statute against a procedural due process challenge, rejecting defendants argument that the DTVIA places the burden on them to prove that they are not trafficking drugs. The Court held that even if appellants proved that they were not trafficking drugs, they would still be guilty of violating the DTVIA if the government proved, beyond a reasonable doubt, all of the elements of the crime. Because the DTVIA does not shift the burden of proof to the accused as to any element of the crime, the Court wrote, but rather creates a wholly new crime that Congress is within its right to define, the Due Process Clause is not violated.

The Court also summarily rejected appellants argument that the DTVIA violates their substantive due process rights because it is not rationally related to any legitimate government interest.

The Court further found that appellants were not punished in violation of the double jeopardy clause, noting that the Federal Government s has a long history of charging and convicting defendants of both conspiracies and substantive offenses, that the legislative history of DTVIA makes no mention of a desire to make each offense in that section exclusive, and that the DTVIA specifically provides for both a conspiracy charge and a substantive offense.

Moving from constitutional issues to one of statutory construction, appellants argued that the statutory phrases navigating . . . through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country s territorial sea with an adjacent country and without nationality are elements of the crime which must be proved by the government beyond a reasonable doubt, and that the government must prove scienter with respect to these elements.

The Court held that the phrase beginning navigating . . . through, or from waters is solely jurisdictional and does not bear on culpability, and thus need not be proven beyond a reasonable doubt nor proven with scienter. It determined that it need not address whether the without nationality element bears solely on jurisdiction or on jurisdiction and culpability, because it concluded from the record that there was ample evidence that Appellants knew the Vessel was not registered in Columbia and any error would be harmless.”

End Quote

Cocaine Submarine Bust Video

Tampa Cocaine Attorney | Lawyer Near Tampa 33601

Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

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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)

Amphetamine or methamphetamine	14 – 28 grams	3 years, $50,000 fine
	28 – 200 grams	7 years, $100,000 fine
	200+ grams	15 years, $250,000 fine


Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of:	Amount	Mandatory Minimum Sentence
Quantity of Marijuana	25 – 2000 lbs. or 300-2000 plants	3 years, $25,000 fine
	2000 – 10,000 or 2000 -10,000 plants	7 years, $50,000 fine
	10,000+ lbs. or 10,000 plants	15 years, $200,000 fine

Phenethylamines	10 – 200 grams	3 years, $50,000 fine
	200 – 400grams	7 years, $100,000 fine
	400+ grams	15 years, $250,000 fine

Item	Information
Charge	Sale of Cocaine
Form Code	DRUG1400
Alleged Statute	Florida Statute §893.13(1)(a)
Degree	Second Degree Felony

Stage	Description
Arrest	Criminal charges initiated
First Appearance	Bond reviewed
Arraignment	Plea entered
Discovery	Evidence exchanged
Motions	Legal issues addressed
Negotiations	Possible plea discussions
Trial	Jury or judge determines outcome

Weight Threshold	Felony Degree	Mandatory Minimum Prison Term	Mandatory Statutory Fine
28 to 199 Grams	First Degree Felony	3 Calendar Years	$50,000
200 to 399 Grams	First Degree Felony	7 Calendar Years	$100,000
400 Grams to 150 Kilograms	First Degree Felony	15 Calendar Years	$250,000
Over 150 Kilograms	Life Felony	Life Imprisonment (No Parole)	$250,000

Offense Type	Pre-2010 Statutory Weight (100:1 Disparity)	Post-Fair Sentencing Act Weight (18:1 Disparity)	Mandatory Minimum Prison Term
Crack Cocaine (Level 1)	5 Grams or more	28 Grams or more	5 Years Minimum
Crack Cocaine (Level 2)	50 Grams or more	280 Grams or more	10 Years Minimum
Powder Cocaine (Level 1)	500 Grams or more	500 Grams or more	5 Years Minimum
Powder Cocaine (Level 2)	5 Kilograms or more	5 Kilograms or more	10 Years Minimum

Offense	Possible Penalties
Cocaine Trafficking	Mandatory minimum prison sentences
Maritime Drug Law Enforcement Act Violations	Lengthy federal imprisonment
Drug Trafficking Vessel Interdiction Act Violations	Significant federal prison exposure
Conspiracy Charges	Additional penalties and sentencing enhancements
Money Laundering Allegations	Asset forfeiture and additional imprisonment

Drug Crimes - Law Offices of W.F. "Casey" Ebsary Jr.

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