Trafficking in Fentanyl
According to the 2020 Medical Examiners Commission Interim Drug Report, the term “fentanyl” was defined as:
“…synthetic opioid analgesic supplied in transdermal patches and also available for oral, nasal, intravenous and spinal administration. Fentanyl is also produced illicitly and currently most fentanyl occurrences represent the ingestion of illicit fentanyl rather than pharmaceutically manufactured fentanyl.”
Florida Statute 893.135(1)(c)(1) prohibits knowingly possessing, selling, purchasing, manufacturing, delivering, or transporting four (4) grams or more of fentanyl or any derivative compound (“Trafficking in Fentanyl”). Drug trafficking occurs when a person knowingly sells, purchases, manufactures, delivers, or brings into Florida, or is in actual or constructive possession of, a specified quantity of fentanyl.
After an arrest in Hillsborough County, the inmate arrest inquiry page might list the offense as TRAFFICKING IN FENTANYL (4 TO 14 GRAMS) (DRUG3890). Simply possessing less than four (4) grams of fentanyl is typically charged as a third degree felony.
Section 893.135(1)(c)4., F.S., prohibits a person from trafficking in dangerous fentanyl or fentanyl analogues if they knowingly sell, purchase, manufacture, deliver, or bring it into Florida, or are knowingly in actual or constructive possession of four grams or more of:
- Alfentanil, as described in s. 893.03(2)(b)1., F.S.;
- Carfentanil, as described in s. 893.03(2)(b)6., F.S.;
- Fentanyl, as described in s. 893.03(2)(b)9., F.S.;
- Sufentanil, as described as in s. 893.03(2)(b)30., F.S.;
- A fentanyl derivative, as described in s. 893.03(1)(a)62., F.S.;
- A controlled substance analog of such enumerated substances, as described in s. 893.0356,
F.S.; or - A mixture containing any such enumerated substances.
Depending on the amount of fentanyl, the charge might be classified with a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.
Attorney for Fentanyl Trafficking Crimes in Florida
If you were arrested for trafficking in fentanyl or another controlled substance, contact an experienced criminal defense attorney at Sammis Law Firm. We can help you raise defenses for insufficient evidence, an illegal search or seizure, entrapment, or substantial assistance.
Our seven attorneys fight drug trafficking cases throughout the greater Tampa Bay area, including Hernando County, Pasco County, Pinellas County, Manatee County, Hillsborough County, and Polk County, FL. Our main office is located in downtown Tampa. We have offices in Clearwater in Pinellas County and New Port Richey in Pasco County, FL.
We provide a free consultation to discuss the case.
Call 813-250-0500.
Penalties for Trafficking in Fentanyl
The crime of trafficking the above-referenced substances is punishable as a first-degree felony. The following threshold amounts set the minimum mandatory sentence and fine for a person convicted of trafficking in dangerous fentanyl or fentanyl analogues:
- 4 grams or more, but less than 14 grams of fentanyl – up to 30 years in prison with a 3-year min/man and a $50,000 fine;
- 14 grams or more, but less than 28 grams of fentanyl – up to 30 years in prison with a 15-year min/man and a $100,000 fine;
- 28 grams or more of fentanyl – up to 30 years in prison with a 25-year min/man and a $500,000 fine.
Section 893.135, F.S., lists the threshold amounts of fentanyl required for each trafficking offense. Drug trafficking offenses are subject to mandatory minimum sentences and higher fines.
Unless the prosecutor waives it, the court may not sentence an offender below the statutory mandatory minimum term of imprisonment. The prosecutor might waive the mandatory minimum sentence as part of a negotiated plea.
Effective October 1, 2023, CS/CS/HB 1359, amended Section 893.135, F.S., to require a mandatory minimum term of not less than 25 years and not exceeding life imprisonment and a $1,000,000 fine if:
- a person 18 years of age or older
- is convicted of trafficking in dangerous fentanyl or fentanyl analogs
- by knowingly selling or delivering to a minor at least four grams of fentanyl or a fentanyl analog
- if such substance or a mixture containing such a substance has at least one of the following attributes:
- contains a cartoon character imprint;
- resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product;
- incorporates an actual or fake registered copyright, service mark, or trademark; or
- resembles the trade dress of a branded food product, consumer food product, or logo food product.
What is Fentanyl?
Under Florida law, fentanyl is classified as a Schedule II controlled substance. According to the National Institute on Drug Abuse, Fentanyl DrugFacts, “Fentanyl is a powerful synthetic opioid that is similar to morphine but is 50 to 100 times more potent. It is a prescription drug that is also used and made illegally.” Fentanyl and other synthetic opioids are now the most common drugs involved in drug overdose deaths in the United States.
According to Florida’s Statewide Drug Policy Advisory Council’s 2022 Annual Report, the majority of overdose death in Florida in 2021 were related to opioids, and “[t]he most significant increases [in overdose deaths relative to the previous year] were deaths involving fentanyl which increased by 11 percent, and deaths caused by fentanyl increased by 9 percent.”
When prescribed by a physician, fentanyl is often used to treat patients with severe pain. A physician administers fentanyl via an injection, transdermal patch, or lozenges. Although prescriptions for fentanyl can be abused, more overdose deaths have been linked to the illicitly manufactured fentanyl, including fentanyl analogs, sold on the street.
Fentanyl and fentanyl-related substances are classified as Schedule II controlled substances.
Report on Deaths Caused by Fentanyl
Law enforcement officers and prosecutors are focused on fentanyl traffic crimes because of the number of deaths being caused by the drug. According to the 2020 Medical Examiners Commission Interim Drug Report, entitled “Drugs Identified in Deceased Persons by Florida Medical Examiners, for the first time since 2013, ethanol was not the most prevalent drug reported. Instead, the most frequently occurring drugs found in decedents were:
- fentanyl (2,838);
- ethyl alcohol (2,814);
- benzodiazepines (2,182);
- cocaine (1,851);
- cannabinoids (1,647);
- methamphetamine (962);
- amphetamine (942);
- fentanyl analogs (905); and
- morphine (870).
The report also concluded that the drugs that caused the most deaths were:
- fentanyl (2,622);
- cocaine (1,229);
- ethyl alcohol (673);
- methamphetamine (659);
- benzodiazepines (595);
- morphine (518);
- fentanyl analogs (426); and
- heroin (403).
The report also found that Fentanyl was listed as causing death in 92 percent of the deaths in which these drugs were found.
Jury Instructions for Trafficking in Fentanyl
The jury instructions for trafficking in fentanyl provide the State had the burden to show, beyond a reasonable doubt, that:
- the defendant knowingly possessed, sold, purchased, manufactured, delivered, or brought into Florida the substance at issue;
- the substance was a controlled substance; and the substance was a certain weight.
See Johnson v. State, 287 So. 3d 673, 676 (Fla. 1st DCA 2019) (citing Fla. Std. Jury Instr. (Crim.) 25.7(a)).
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).
The Difference Between Fentanyl and Para-Fluorofentanyl and other Derivatives
In Santiago v. State, 51 Fla. L. Weekly D1523a (Fla. 6th DCA July 24, 2026), the court reversed a conviction when the prosecutor charged the defendant with trafficking in fentanyl when the lab report showed the substance trafficked was actually para-fluorofentanyl. The court in Santiago explained:
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.” § 893.03(1)(a)62.g.(IX). “A fentanyl derivative, as described in s. 893.03(1)(a)62.” is listed in the trafficking statute under section 893.135(1)(c)4.a.(V). Thus, the Florida Statutes treat the substances differently.
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.”).
Federal Crimes for Fentanyl
According to the United States Sentencing Commission, FY 2019 through FY 2023 Datafiles, USSCFY19-USSCFY23, the average sentence for fentanyl traffickers was 71 months in prison. Out of those convicted of fentanyl trafficking, 97.6% were sentenced to a term in federal prison. Out of those convicted of a federal crime for trafficking in fentanyl, 53.4% were convicted of an offense carrying a mandatory minimum penalty and 50.9% of those individuals were relieved of that penalty.
The sentence might be increased for possessing a weapon or taking a leadership or supervisory role in the offense. The average sentence was 69 months in fiscal year 2019 and 71 months in fiscal year 2023.
Additional Resources
Prosecution of Fentanyl Trafficking Organization – Visit the website of Florida’s Attorney General to find a press release explaining why the head of a fentanyl trafficking organization was sentenced to 50 years in Florida State Prison after a prosecution by the Office of Statewide Prosecution. The charges included trafficking heroin, trafficking fentanyl, conspiracy to traffic heroin, possession of a firearm in the commission of a felony, and the unlawful use of a two-way communications device to facilitate the commission of a felony.
This article was last updated on Friday, July 24, 2026.