Trafficking in Illegal Drugs (4 to 14 Grams) – Florida Statute 893.135(1)(c) – Charge Code DRUG3912

Charged with Drug Trafficking in Florida? A conviction for Trafficking in Illegal Drugs (4 to 14 grams) under Florida Statute § 893.135(1)(c) DRUG3912 carries a mandatory minimum prison sentence of 3 years and a $50,000 fine — even if you never intended to sell or distribute the drugs. If you’ve been arrested for this serious felony charge, it’s time to speak with a knowledgeable criminal defense attorney who understands Florida’s complex drug laws.

Florida’s DRUG3912 Charge Explained

• Charge Code: DRUG3912
• Statute: Florida Statute § 893.135(1)(c)
• Offense: Trafficking in Illegal Drugs (4 to 14 grams)
• Felony Level: First-Degree Felony
• Jurisdiction: Commonly charged in Hillsborough County and throughout Florida

What Is Considered “Trafficking” Under Florida Law?

In Florida, trafficking isn’t just about selling drugs. You can be charged with trafficking simply for possessing a minimum quantity of specific controlled substances.

For opiates and opioid derivatives, the law sets the trafficking threshold at just 4 grams. This includes:

• Oxycodone (OxyContin, Percocet)
• Hydrocodone (Vicodin, Norco)
• Heroin
• Hydromorphone (Dilaudid)
• Morphine
• Opium and its derivatives
• Fentanyl and analogs

Even if the substance is mixed with fillers, Florida law considers the total weight of the mixture, not just the pure drug.

Special Focus: Fentanyl and Its Impact on Drug Trafficking Cases

Fentanyl is an especially dangerous drug and a primary target under Florida’s trafficking laws due to its potency and the lethal risk it poses. Even small amounts of fentanyl or its analogs can easily exceed the 4-gram trafficking threshold. Additionally, fentanyl mixtures (like counterfeit pills) often lead to unintentional trafficking charges, even if you were unaware of the presence of fentanyl.

Fentanyl-related Trafficking Penalties

If you are caught trafficking fentanyl, the penalties are the same as for other drugs, but the seriousness of the offense is heightened. The presence of fentanyl often leads to heightened scrutiny, especially if the trafficking leads to harm or death.

Common Controlled Substances Under DRUG3912

Florida law targets various illegal drugs under the trafficking statute. Common substances associated with DRUG3912 charges include:

• Heroin
• Fentanyl and Fentanyl Analogues
• Oxycodone
• Hydrocodone
• Morphine
• Hydromorphone
• Opium

Even if a substance contains a mixture of these drugs, it’s the total weight that determines the charge, not the concentration of the active ingredient.

Penalties for Drug Trafficking (4 to 14 Grams) in Florida

Florida law imposes mandatory minimum sentences based on the weight of the controlled substance involved. Here’s how that breaks down:

Mandatory Minimum Sentences Under § 893.135(1)(c)

Judges have no discretion to go below these minimums unless you qualify for a legal exception, such as substantial assistance to law enforcement.

Elements the State Must Prove

To convict you under Florida Statute 893.135(1)(c), prosecutors must prove beyond a reasonable doubt that you:

1. Knowingly:
   • Sold,
   • Purchased,
   • Manufactured,
   • Delivered,
   • Brought into Florida, or
   • Possessed
2. A controlled substance listed in the statute (such as heroin, hydrocodone, or oxycodone)
3. In a quantity of 4 grams or more (up to 14 grams)
4. With knowledge of the substance’s illicit nature

Even without direct proof of a sale, simply possessing 4 grams or more of certain drugs can result in trafficking charges.

Understanding Possession: Actual vs. Constructive

There are two primary forms of drug possession in Florida law:

Actual Possession

• The drug is on your person (in your pocket, purse, etc.), or
• Within your immediate control (e.g., under your car seat)

Constructive Possession

• The drug is in a place you control (like your house or glovebox), and
• Prosecutors must prove you knew it was there and had control over it

Constructive possession cases can be successfully challenged with the help of a seasoned attorney.

Legal Definitions You Need to Know

Understanding how Florida defines certain terms is critical:

• Sell – Exchange for money or something of value
• Purchase – Acquire by paying money or other value
• Manufacture – Produce, prepare, or package a controlled substance
• Deliver – Actual or attempted transfer of a substance
• Possess – Exercise of control over a substance, even without ownership

Top 5 Defenses to Florida Drug Trafficking Charges

1. Lack of Knowledge
   You didn’t know the substance was present or illegal. Especially powerful in constructive possession cases.
2. Unlawful Search or Seizure
   Evidence obtained through unconstitutional searches may be suppressed.
3. Entrapment
   You were persuaded or tricked into committing the offense by law enforcement.
4. Insufficient Evidence of Weight
   The total mixture must exceed 4 grams. Lab errors or flawed weighing can be challenged.
5. Chain of Custody Issues
   Mishandling or improper documentation of the seized drugs can result in suppression of evidence.

Frequently Asked Questions About DRUG3912 – Trafficking in Illegal Drugs (4 to 14 Grams)

What does DRUG3912 mean under Florida law?

DRUG3912 is the Florida offense code for Trafficking in Illegal Drugs where the total weight is 4 grams or more but less than 14 grams. This typically involves opioids like heroin, oxycodone, or hydrocodone. The charge is a first-degree felony and comes with a mandatory minimum of 3 years in prison and a $50,000 fine. Even if you didn’t intend to sell the drug, you can still be charged based on weight alone.

Can I be charged with trafficking just for having pills or a small amount?

Yes. In Florida, drug trafficking charges are based on the total weight of the substance, including any fillers or inactive ingredients. For example, having just a few opioid pills can easily exceed 4 grams. This means even a person struggling with addiction — not selling — can face severe prison time.

Is intent to sell required for a trafficking charge in Florida?

No. Intent is not required for a trafficking charge under Florida Statute 893.135(1)(c). Simply possessing the threshold amount (4 grams or more) is enough to trigger a trafficking charge. That’s why people are often surprised to face such serious penalties for simple possession.

What is the mandatory minimum sentence for DRUG3912?

The mandatory minimum for DRUG3912 is 3 years in Florida State Prison and a $50,000 fine. Judges have no discretion to go below this sentence unless the defendant provides “substantial assistance” to law enforcement. Without such cooperation, the sentence is automatic upon conviction.

Can the weight be challenged in court?

Yes. Your attorney can challenge the lab testing procedures or argue that the mixture included legal substances that should not count toward the total weight. Mistakes in weighing or improper evidence handling could reduce or dismiss the charge. Every gram matters in trafficking cases.

What if the drugs weren’t mine or I didn’t know they were there?

This is a common and powerful defense. If the drugs were found in a shared space — like a car or apartment — prosecutors must prove you had knowledge and control of them. If they cannot, the case may be dismissed due to insufficient evidence of possession.

Can the police search my car or home without a warrant?

Only under certain circumstances. If law enforcement violates your Fourth Amendment rights, your attorney can file a motion to suppress the evidence. Illegal searches are a leading reason trafficking charges get dropped or reduced.

What is substantial assistance and can it reduce my sentence?

Substantial assistance means helping law enforcement catch other drug traffickers. If you qualify and the State agrees, your sentence can be reduced below the mandatory minimum. However, this option carries serious risks and should only be pursued with a lawyer’s advice.

Can I get drug court or probation instead of prison?

Not usually for DRUG3912. Because of the mandatory minimum sentence, drug court and probation are generally not available unless the charge is reduced or you provide substantial assistance. An experienced attorney may be able to negotiate a lesser charge like possession.

What should I do right now if I’ve been charged with trafficking?

Call an experienced criminal defense lawyer immediately. Do not speak to law enforcement without legal representation. Your attorney can review the legality of the search, examine the evidence, and begin building a defense to avoid harsh mandatory sentencing.

Why Hire W.F. “Casey” Ebsary Jr.?

Attorney W.F. “Casey” Ebsary Jr. is a Board-Certified Criminal Trial Lawyer based in Tampa, Florida. With decades of experience and a deep knowledge of Florida’s drug laws, he defends clients charged with serious felonies — including trafficking under DRUG3912.

What You Get:

• Aggressive representation in court
• A thorough review of search and seizure legality
• Experience negotiating with prosecutors and challenging mandatory minimums
• Personal, one-on-one attention from an experienced litigator

Contact Us Now for a Free Case Review

Facing a trafficking charge can upend your life. Don’t fight it alone.

Law Office of W.F. Casey Ebsary Jr.
Call Now: (813) 222-2220 or 1-877-793-9290

Original Post from 2018 Updated Above to 2025

Drug Trafficking

Trafficking 4 to 14 Grams Morphine, Opium, Oxycodone, Hydrocodone, Hydromorphone

“shall be sentenced to a mandatory minimum term of imprisonment of 3 years”

If you have been charged with DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS you can call a Tampa Criminal Defense Attorney for FREE at 813-222-2220 to fight for you or a friend.
Trafficking drugs under Florida is based upon the weight of the substance, not the actual conduct of the person who has been charged. The crime can be committed even if no drugs were actually sold to anyone. The mere possession of a scheduled compound, in the requisite amount can generate a charge of drug trafficking.

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

Form Code: DRUG3912

Florida Statute: 893.135.1C1A
Level: Fel (Felony)
Degree: 1st

Description: TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS

Trafficking 4 to 14 Grams Morphine, Opium,
Oxycodone, Hydrocodone, Hydromorphone

DRUG3912 TRAFFICKING IN ILLEGAL DRUGS 4 TO 14 GRAMS is often charged in Hillsborough County, Florida.

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:

(c)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:

a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

“To prove the crime of Trafficking in Illegal Drugs, the State must prove . . .”

Florida Jury Instruction on 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

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

Stories of Typical Drug Busts

Frequently, we see drug busts for drug crimes when police conduct a simple traffic stop. Sometimes narcotics squads obtain a search warrant based upon someone tattling to the police. Sometimes they are using a confidential informant. However it happens the results are terrifyingly similar. A suspect is nabbed and taken to jail. Their photo is posted all over the internet and tons of junk mail arrives claiming an attorney can help. If a vehicle or real estate was involved, the county may seek forfeiture of the property. That must be addressed immediately, as the property can be taken, even though you have not been convicted!

“Sometimes we find misconduct by the police, their
informants, or the technicians at the drug crime lab”

Within a month or so there will be a court appearance required. Florida has open court rooms. The media or an employer or friends may learn about the case. A discrete defense is needed early. Florida is unique in that although there has been an arrest, an Assistant State Attorney reviews each case before the actual charges are filed. Here is where an early intervention be your cannabis lawyer / representative can help. Prosecutors often do not know all the facts and circumstances surrounding an arrest. Your lawyer can reach out to them and explain the situation in a way that will be far more favorable than the cold reading of a report written by the police who want to see the suspect end up with a criminal record for possession of cannabis.

If formal charges are filed anyway, a competent drug defense attorney will file a notice to the court and the prosecutor that the suspect is represented. Our office files a three page request demanding all witness identities, police reports, laboratory tests, video recordings, and audio recordings. we will send those reports to the client and carefully review them for signs of a defense. Sometimes we find misconduct by the police, their informants, or the technicians at the drug crime lab.

No Prior Drug Charges?

Many people have no prior record or are busted for small quantities. In those cases we can convince the State Attorney to consider dismissal of the charges. We take an active approach to show that those under arrest for drug charges are not always the criminal that police have suggested they are.
W.F. ”Casey” Ebsary often helps those charged with Drug Crimes including possession and distribution of drugs in both State and Federal Court. Casey has also defended importation and international conspiracy charges involving literally tons of cocaine smuggled in an unmanned submarine, that case concluded at the United States Supreme Court. As a former drug crime prosecutor in Tampa, Florida, I have experience from both sides of the courtroom.

Casey knows the tactics and training of the police and prosecutors. He was also a prosecutor in the then newly-formed Drug Court System. Casey knows how to help in Motions to Suppress illegally-obtained evidence, in jury trials of these types of charges, and if appropriate can help avoid conviction through diversion programs like the Drug Court.

We Can Help with Drug Crimes

Your arrest and prosecution for possession of marijuana is serious. You need a Tampa Criminal Defense Attorney experienced in defending cannabis cases, contact WF Ebsary, Jr at 1-877-793-9290 today for FREE to discuss fighting your marijuana charges throughout the greater Tampa Bay area including Hillsborough County, Pasco County, Pinellas County, Florida. A marijuana conviction (or any drug offense) can result in an immediate two (2) year suspension of your driver’s license. Even when the crime was not driving related.

When drug charges are made in State or Federal Courts, we can provide a solution. Call us today at 1-877-793-9290 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. They are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email. Drug charges can be disastrous to have on your record.

A drug crimes defense lawyer in Hillsborough County, Florida and Board Certified Criminal Trial Attorney in Florida can defend you against drug charges. Casey is experienced and available to defend against these charges: Marijuana, cocaine, prescription, and other drug charges that can be dropped. Tampa Bay area drug defense lawyer W. F. ”Casey” Ebsary has experience and training as both a Hillsborough Drug Crimes Assistant State Attorney, who is now on the defense side helping people navigate treacherous waters when drug charges are at hand.

More Information on Marijuana and Cannabis Drug Crimes in Florida

Marijuana – Drug Attorney Tampa Lawyer on Call 24/7/365 …

http://www.drug2go.com/p/marijuana-defense.html

In Florida, Marijuana charges can be a disastrous charge to have on your record. A Board Certified Criminal Trial Lawyer in Hillsborough Tampa Florida , can be …

Having a Couple of Marijuana plants in your Florida backyard …

http://www.drug2go.com/2015/05/marijuana-grow-backyard.html

Marijuana Grow Conviction Overturned – Knock and Talk. Motion To Suppress … defendant’s actions in answering questions and producing bag of marijuana for officers were not voluntary.

Free Florida Drug Crimes Information Search

Search Casey’s Database

Help is available for oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication problems
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Oxycodone Hydrocodone

Pharmacy Thefts in Pasco, Hernando, Pinellas,and Hillsborough, were solved when feds busted a burglary ring. Feds say the burglaries were committed “by cutting the power lines outside the businesses before smashing their way inside with crowbars. They stole oxycodone, morphine, methadone, amphetamines, hydrocodone” and other drugs says the federal indictment. Pharmacy drug thefts were in Pasco, Hernando, Pinellas and Hillsborough counties. DEA called the investigation “Operation Alabama Slammer”

Source: http://www.tampabay.com/news/publicsafety/crime/authorities-leader-of-interstate-burglary-ring-arrested/1133865

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