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Goldman, Monaghan, Thakkar & Bettin, P.A.
  • Home
  • About
    • Frequently Asked Questions
  • Attorneys
    • Mitchell Scott Goldman
    • Matthew J. Monaghan
    • Jay R. Thakkar
    • Bradly Roger Bettin, Sr.
    • Katie Rallo
    • Kevin P. Markey
    • Monica Pritchard
    • Stephanie Parsons
    • Christopher Wirth
  • Practice Areas
    • Business Law
    • Commercial Litigation
    • Criminal Defense
    • Estate Planning
    • Family Law
    • Immigration Law
    • Injunctions / Restraining Orders
    • Personal Injury
    • Probate And Trust Administration
    • Real Estate Law
    • Wills And Trusts
  • Blog
  • Contact
  • Client Payment
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  5. The Fentanyl Factor: How Trace Amounts Can Lead to Trafficking Charges in Brevard County.

The Fentanyl Factor: How Trace Amounts Can Lead to Trafficking Charges in Brevard County.

On Behalf of Goldman, Monaghan, Thakkar & Bettin, P.A. | Mar 27, 2026 | Drug Charges

You buy what looks like a prescription pill from someone you trust, but it contains fentanyl. That single pill can result in a 7-year prison sentence under Florida trafficking laws. Prosecutors do not need to prove you intended to sell anything or knew fentanyl was inside. The substance’s weight determines your fate, and judges have no power to lower the mandatory sentence.

How Florida’s weight-based trafficking law works

Under Florida Statute 893.135, you face trafficking charges if you possess 4 grams of any mixture with fentanyl. Four grams is about the weight of four sugar packets. Prosecutors do not need to prove you knew about the fentanyl or planned to sell it. Police weigh everything together, including fillers and other substances. When the total reaches 4 grams, you face prison time that judges cannot reduce.

The sentences you face

Once the weight crosses into trafficking territory, Florida law requires specific prison terms. Florida significantly increased penalties in 2023 to address the fentanyl crisis. The consequences escalate based on total weight:

  • 4 to 14 grams: 7-year mandatory minimum and $50,000 fine
  • 14 to 28 grams: 20-year mandatory minimum and $100,000 fine
  • 28 grams or more: 25-year mandatory minimum and $500,000 fine

Judges cannot consider your clean record, your family responsibilities or your employment history when these mandatory minimums apply. The weight determines the sentence, period.

Additional charges for first responder exposure

Florida Statute § 893.132, fully enforced in 2026, adds extra charges if fentanyl exposure harms a police officer, Emergency Medical Technician (EMT) or firefighter during your arrest. If they suffer an overdose or serious injury from contact with the drug, you face an additional felony with up to 15 years in prison. Police in Viera and Titusville now ask immediately if you possess fentanyl. Lying about it when responders later suffer harm means prosecutors will stack this charge on top of your trafficking penalties.

Why trace amounts trigger severe charges

Many Brevard County residents face trafficking charges after possessing what they believed were prescription pills without fentanyl. Drug dealers frequently mix fentanyl into counterfeit pills, cocaine and heroin, and any detectable amount converts simple possession into trafficking, potentially triggering up to a 20-year mandatory minimum depending on weight.

Why legal representation matters

Skilled defense attorneys in Brevard County can challenge the evidence against you. They question lab results, examine police procedures and look for constitutional violations during your arrest. They also explore whether prosecutors can prove you actually possessed the drugs. The decisions you make in the hours after an arrest matter more than anything you do months later when options disappear.

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