Hydrocodone Trafficking convictions impose strict mandatory minimum prison sentences and hefty fines in the state of Florida.

According to Florida Statute 893.135(1)(c)(2), the crime of Trafficking in Hydrocodone has been committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 28 or more grams of Hydrocodone.

Hydrocodone Trafficking Thresholds

If someone is apprehended trafficking in Hydrocodone, the minimum punishments they face are determined by the below Hydrocodone trafficking thresholds:

• 28 to 50 grams of Hydrocodone;
  • 3 years prison / $50,000 fine
• 50 to 100 grams of Hydrocodone;
  • 7 years prison / $100,000 fine
• 100 grams to 300 grams of Hydrocodone;
  • 15 years prison / $500,000 fine
• 300 grams to 30 kilograms of Hydrocodone;
  • 25 years prison / $750,000 fine

Weight Determination

The trafficking weight is determined by the combined weight of the Hydrocodone pills, not by the aggregate dosages.

Because of this, a person could have a handful of Hydrocodone pills whose combined dosage is under 28 grams of Hydrocodone, but because the pills weigh over 28 grams, that individual would be guilty of Trafficking in Hydrocodone, as opposed to simple Possession of Hydrocodone.

Penalties for Trafficking in Hydrocodone

Hydrocodone Trafficking is considered a First Degree Felony and, depending on the amount of Hydrocodone confiscated, is assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.

Under Florida law the minimum sentences are determined based on whether you are convicted of:

Trafficking in 28 to 50 grams of Hydrocodone
If a person is convicted of Trafficking in 28 grams or more, but less than 50 grams of Hydrocodone, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 3 years in prison and a $50,000 fine.

Trafficking in 50 to 100 grams, of Hydrocodone
If a person is convicted of Trafficking in 50 grams or more, but less than 100 grams of Hydrocodone, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 7 years in prison and a $100,000 fine.

Trafficking in 100 grams to 300 grams of Hydrocodone
If a person is convicted of Trafficking in 100 grams or more, but less than 300 grams of Hydrocodone, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 15 years in prison and a $500,000 fine.

Trafficking in 300 grams to 30 kilograms of Hydrocodone
If a person is convicted of Trafficking in 300 grams or more, but less than 30 kilograms of Hydrocodone, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 25 years in prison and a $750,000 fine.

Suspension of Driver's License

According to Florida Statute 322.055, an individual convicted of Hydrocodone Trafficking will have their driver’s license suspended for six months by the Florida DHSMV.

Professional License Suspension

According to Florida Statute 893.11, an individual convicted of Hydrocodone Trafficking will be subject to the immediate suspension of any Florida Professional License that authorizes the practicing of a profession or trade.

Hydrocodone Trafficking Defenses

Entrapment
Entrapment takes place when an undercover officer or confidential informant induces a person to commit a criminal act that the person would likely not have committed otherwise. If it can be proven that you were entrapped, a judge can dismiss all charges levied against you.

Illegal Search and Seizure
In many instances, police go beyond the scope of their authority and make people submit to vehicular, home, or body searches; or coerce a person into agreeing to a search. If it can be proven that either instance occurred, the judge will suppress the resulting evidence, since it was obtained illegally.

Insufficient Evidence
The prosecution can only prove you were in the possession of Hydrocodone with the intent to traffic in one of two ways:

Actual Possession
In order to prove that you actually possessed Hydrocodone, the prosecutor needs to show evidence that the Hydrocodone was found on your person.

Constructive Possession
If the Hydrocodone was found in a place where multiple people had access, the prosecutor would have a much harder time proving you possessed the Hydrocodone since they would be required to comply with the law of constructive possession.

Constructive possession necessitates that the prosecutor prove each of three distinct elements before you can be convicted:

1. Knowledge that the Hydrocodone is present;
2. Knowledge that the substance was Hydrocodone; and
3. Dominion and control over the Hydrocodone.

Alternate/Street Names for Hydrocodone

• Bananas
• Dro
• Fluff
• Hydros
• Tabs
• Vikes
• 357s

If you or someone you know has been arrested for Hydrocodone Trafficking and needs legal assistance, please call us at 386-222-6677 so we can promptly begin defending your case.

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