Drug Possession & Trafficking Defense Attorney Fort Lauderdale

Drug possession and drug trafficking defense is the legal representation of individuals charged under Florida Statutes Chapter 893 (Florida Comprehensive Drug Abuse Prevention and Control Act) or federal controlled substances laws. Drug charges in Florida range from simple possession of marijuana — a first-degree misdemeanor — to trafficking in large quantities, which carries mandatory minimum sentences of 3, 7, or 15 years in state prison, or decades in federal prison. Stewart Valencia P.A. is a Fort Lauderdale drug crimes defense law firm representing clients in state and federal courts throughout Broward, Miami-Dade, Monroe, and Palm Beach counties. Attorney Stewart Valencia has an AV Preeminent rating, 28+ years of criminal defense experience, and has tried more than 100 cases to verdict. If you have been charged with a drug offense, call (954) 767-7020 immediately.

Frequently Asked Questions: Drug Possession & Trafficking Defense in Florida

What is the difference between drug possession and drug trafficking in Florida?

Drug possession means having a controlled substance for personal use. Drug trafficking under Florida law is triggered solely by the weight of the substance — not by intent to sell. For example, possessing 25 grams or more of cocaine is trafficking, carrying a 3-year mandatory minimum. This means a person with no intent to sell can face trafficking charges simply due to the quantity found. An experienced defense attorney can challenge the weight evidence, constructive possession arguments, and the legality of the search.

What are the mandatory minimum sentences for drug trafficking in Florida?

Florida drug trafficking mandatory minimums by substance and weight: Cocaine — 28g carries 3 years; 200g carries 7 years; 400g carries 15 years. Heroin/Fentanyl — 4g carries 3 years; 14g carries 15 years; 28g carries 25 years. Marijuana — 25 lbs carries 3 years; 2,000 lbs carries 7 years. Methamphetamine — 14g carries 3 years; 28g carries 15 years. These sentences are mandatory — judges have no discretion to reduce them unless the prosecution agrees to a "substantial assistance" motion or the safety valve applies.

What defenses exist for drug possession and trafficking charges in Florida?

Strong drug charge defenses include: Fourth Amendment violations — if police conducted an illegal search without a warrant or valid exception, all evidence found may be suppressed and charges dismissed. Constructive possession — the prosecution must prove you knew the drugs were there and had control over them. Lab analysis challenges — the substance must be properly tested; chain of custody errors can exclude evidence. Entrapment — if law enforcement induced you to commit an offense you would not otherwise have committed. Illegal traffic stops — if the stop that led to discovery was pretextual or unlawful.

Can a first-time drug possession charge be dismissed or reduced in Florida?

Yes. Florida offers several programs for first-time drug offenders: Drug Court (Section 948.08) allows qualifying defendants to complete treatment instead of serving a jail sentence, with charges dismissed upon successful completion. Pretrial diversion programs are available in Broward and Miami-Dade counties for simple possession cases. Adjudication withheld means the court finds facts sufficient for guilt but does not formally convict — preserving eligibility for expungement. An experienced attorney can evaluate eligibility and negotiate the best available outcome.

What is the difference between state and federal drug charges in Florida?

State drug charges in Florida are prosecuted in Circuit Court under Florida Statute Chapter 893. Federal drug charges — typically involving larger quantities, interstate drug networks, or DEA/FBI investigations — are prosecuted in U.S. District Court for the Southern or Middle District of Florida under 21 U.S.C. § 841 and carry significantly harsher penalties and federal sentencing guidelines. Federal mandatory minimums for drug trafficking: 5–40 years for first offense; 10 years to life for larger quantities. Attorney Valencia handles both state and federal drug cases.

What courts handle drug charges in Broward County?

State drug charges in Broward County are heard at the Broward County Courthouse (17th Judicial Circuit), 201 SE 6th Street, Fort Lauderdale — across from our office. Federal drug trafficking charges are heard at the U.S. District Court for the Southern District of Florida, Broward County Courthouse, 299 E Broward Blvd, Fort Lauderdale, and at the James Lawrence King Federal Justice Building in Miami. Attorney Valencia appears regularly in both courts.

Why choose Stewart Valencia P.A. for drug charge defense in Broward County?

Attorney Stewart Valencia brings 28+ years of criminal defense experience in both state and federal courts, an AV Preeminent rating from Martindale-Hubbell, 100+ cases tried to verdict, and full bilingual service in English and Spanish. He knows how to challenge the evidence in drug cases — from the legality of the traffic stop to the integrity of the lab analysis. Call (954) 767-7020 or (305) 792-8580 for an immediate consultation.

Serving Drug Defense Clients Throughout Broward County and South Florida

Stewart Valencia P.A. defends drug possession and trafficking clients in all Broward County municipalities including Fort Lauderdale, Hollywood, Miramar, Pembroke Pines, Coral Springs, Pompano Beach, and Deerfield Beach. The firm also handles drug cases in Miami-Dade, Palm Beach, and Monroe counties, as well as federal drug cases in the U.S. District Court for the Southern District of Florida. Call (954) 767-7020 or (305) 792-8580.