Cocaine Charges in Florida — Polk County Defense

Cocaine is a Schedule II controlled substance under Florida Statute § 893.03(2)(a)(4). Simple possession of any amount of cocaine is a third-degree felony under § 893.13(6)(a), punishable by up to 5 years in state prison and a $5,000 fine. Sale or delivery of cocaine is a second-degree felony under § 893.13(1)(a), punishable by up to 15 years. Trafficking begins at just 28 grams under § 893.135(1)(b), carrying a 3-year mandatory minimum — with exposure up to a 15-year mandatory minimum at 400+ grams. Call (863) 774-4556.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Are the Penalties for Cocaine Charges in Florida?

Cocaine penalties in Florida escalate sharply based on the offense type and the amount. Every cocaine charge is at minimum a third-degree felony. Sale, delivery, and trafficking carry exponentially higher exposure.

Offense	Statute	Degree	Maximum / Mandatory Minimum
Simple Possession	§ 893.13(6)(a)	3rd Degree Felony	5 years max / $5,000 fine
Sale or Delivery	§ 893.13(1)(a)	2nd Degree Felony	15 years max / $10,000 fine
Sale/Delivery Within 1,000 ft of School, Church, or Park	§ 893.13(1)(c)	1st Degree Felony	30 years max
Trafficking — 28 to 200 grams	§ 893.135(1)(b)	1st Degree Felony	3-yr mandatory min / $50,000
Trafficking — 200 to 400 grams	§ 893.135(1)(b)	1st Degree Felony	7-yr mandatory min / $100,000
Trafficking — 400+ grams	§ 893.135(1)(b)	1st Degree Felony	15-yr mandatory min / $250,000

What Happens When Cocaine Is Sold Near a School, Church, or Park?

Under Florida Statute § 893.13(1)(c), the sale, delivery, or manufacture of cocaine within 1,000 feet of a school, college, park, playground, community center, public housing project, or place of worship elevates the charge from a second-degree felony to a first-degree felony — maximum 30 years in prison. Florida prosecutors and law enforcement measure this distance carefully. In dense urban areas including parts of Lakeland and Winter Haven, virtually any transaction is within 1,000 feet of a qualifying location.

How Does Cocaine Trafficking Work in Florida?

Under § 893.135(1)(b), cocaine trafficking is triggered at 28 grams — roughly one ounce. You do not have to sell any of it. Knowing possession of 28 grams or more of cocaine is a first-degree felony with a 3-year mandatory minimum prison sentence that judges cannot reduce. At 200 grams the mandatory minimum jumps to 7 years. At 400 grams it becomes 15 years. These are non-negotiable floors at sentencing unless the State files a substantial assistance motion under § 893.135(4).

What Is the Polk County Approach to Cocaine Cases?

The Polk County Sheriff’s Office Narcotics Unit and the Central Florida Intelligence Exchange (CFIX) conduct active cocaine enforcement operations — undercover buys, controlled deliveries, multi-defendant sweeps, and long-term surveillance operations. Cases often come to arrest with months of investigation behind them: recorded calls, surveillance footage, CI reports, and multiple co-defendants. The State Attorney’s Office prosecutes cocaine cases aggressively, particularly those near or above the trafficking threshold.

I have defended cocaine cases at every level in the 10th Judicial Circuit — from simple possession at a traffic stop to multi-kilo trafficking cases involving federal coordination. The strategy is different at each level.

What Are the Best Defenses to Cocaine Charges in Florida?

• Fourth Amendment suppression — Was the stop that produced the cocaine lawful? Was the search lawful? A successful motion to suppress under Florida Rule of Criminal Procedure 3.190 that removes the cocaine from evidence typically ends the case.
• Weight challenge in trafficking cases — The 28-gram trafficking threshold is tight. Lab methodology, scale calibration, and whether cutting agents are properly included in the weight calculation all require scrutiny. A few grams can mean the difference between a possession charge and a mandatory minimum.
• Constructive possession defects — Was the cocaine actually yours? In multi-occupant vehicles and residences, the State must prove knowledge and dominion/control — not just proximity.
• Chain of custody — Every transfer of the cocaine from arrest to lab to courtroom must be documented. Gaps create reasonable doubt.
• Confidential informant reliability — In undercover buy operations, the CI’s credibility, payment arrangements, and prior false reports are all discoverable and subject to challenge.
• Entrapment — In sting operations, was the defendant predisposed or was law enforcement the originator of the criminal plan?

Does Cocaine Trafficking Require Substantial Assistance to Avoid Mandatory Minimums?

Yes — under § 893.135(4), the only way for a judge to depart below a trafficking mandatory minimum is a motion filed by the State Attorney indicating the defendant provided substantial assistance in the investigation or prosecution of other offenders. This shifts all sentencing leverage to the prosecutor. Whether to cooperate, what to offer, and how to negotiate that offer is one of the most consequential decisions in a trafficking case — and one that requires counsel who has navigated these negotiations in the 10th Circuit before.

Frequently Asked Questions — Cocaine Charges in Florida

What is the minimum sentence for cocaine possession in Florida?

For simple possession under § 893.13(6)(a), there is no mandatory minimum — maximum is 5 years for this third-degree felony. Trafficking under § 893.135(1)(b) carries mandatory minimums: 3 years for 28-200 grams, 7 years for 200-400 grams, and 15 years for 400+ grams. Judges cannot sentence below these minimums without a State-filed substantial assistance motion.

How much cocaine is a trafficking charge in Florida?

Under § 893.135(1)(b), cocaine trafficking begins at 28 grams — approximately 1 ounce. At this threshold, a first-degree felony trafficking charge with a 3-year mandatory minimum applies regardless of whether any selling occurred.

Is crack cocaine treated differently than powder cocaine in Florida?

Florida Statute § 893.135(1)(b) covers cocaine and any mixture containing cocaine — including crack cocaine — under the same weight thresholds. Unlike the federal sentencing disparity that existed between crack and powder cocaine (the 100:1 ratio reduced to 18:1 by the Fair Sentencing Act), Florida applies the same weight threshold regardless of the form of cocaine.

What is the sentence for selling cocaine near a school in Florida?

Under § 893.13(1)(c), selling cocaine within 1,000 feet of a school, church, park, playground, community center, or public housing project is a first-degree felony carrying up to 30 years in prison — elevated from the 15-year maximum for standard sale/delivery charges.

Related pages: Drug Crimes Hub — All Florida Drug Charges | Drug Trafficking Defense | Fentanyl Charges | Drug Possession Defense | Prescription Drug Crimes

How Is Cocaine Weight Measured for Trafficking Purposes in Florida?

Under Florida Statute § 893.135, cocaine trafficking thresholds are calculated based on the total weight of the mixture — not the weight of pure cocaine alone. This means cutting agents, adulterants, and other substances mixed with cocaine are included in the trafficking weight calculation. A common cocaine cutting agent is levamisole, an anti-parasitic drug, and others include lidocaine, phenacetin, and benzocaine. If you possess a cocaine mixture that weighs 32 grams total but is only 60% cocaine by purity, the trafficking threshold is still triggered because the total mixture weight exceeds 28 grams.

This “total mixture” rule makes the trafficking threshold easier for the State to establish and makes lab methodology a critical defense issue. The FDLE lab must accurately weigh the substance, document chain of custody, and use proper identification and quantification techniques. Any deviation from protocol is subject to challenge through defense depositions of the laboratory analyst.

Is Crack Cocaine Treated Differently Than Powder Cocaine in Florida?

No. Florida Statute § 893.135(1)(b) applies to cocaine in any form — including crack cocaine (cocaine base). Florida does not maintain the sentencing disparity that existed at the federal level between crack and powder cocaine (the 100:1 ratio reduced to 18:1 by the Fair Sentencing Act of 2010). In Florida state court, a gram of crack cocaine and a gram of powder cocaine are treated identically under the trafficking thresholds and the penalty structure. Both are Schedule II controlled substances under § 893.03(2)(a)(4).

How Do Confidential Informant Operations Work in Polk County Cocaine Cases?

Confidential informants (CIs) are heavily used in Polk County cocaine investigations. PCSO Narcotics Unit and CFIX operations frequently rely on a CI to conduct a “controlled buy” — a recorded purchase of cocaine from a target, supervised by law enforcement. The CI is typically someone who was arrested on their own drug charge and agreed to cooperate in exchange for consideration on their case.

CI-based cases present significant defense opportunities. The CI’s credibility, payment arrangements, criminal history, and prior use of false information are all discoverable under Florida law. A CI who has been paid or received benefits in exchange for cooperation, who has a history of providing inaccurate information, or who was not properly supervised during the controlled buy may be the key weakness in the State’s case. I examine CI records and prior transactions in every case built on a confidential informant.

What Are the Sentencing Guidelines for Cocaine Charges in Florida?

For cocaine possession and sale charges below the trafficking threshold, the Florida Criminal Punishment Code scoresheet drives sentencing. The scoresheet assigns points based on the primary offense level, any additional offenses, prior record, victim injury, and other factors. The total score determines the minimum recommended sentence.

For a cocaine possession charge (third-degree felony, Level 3 under the Criminal Punishment Code), a first-time offender with minimal score may qualify for a non-prison sentence — probation, drug court, or a suspended sentence. For a sale of cocaine charge (second-degree felony, Level 6 under the code), the scoresheet minimum is higher and prison is more likely unless mitigating factors justify downward departure. For trafficking charges, the mandatory minimum under § 893.135 overrides the scoresheet entirely — the mandatory minimum is the floor regardless of scoresheet score.

What Happens After a Cocaine Arrest in Polk County? The Court Process

Cocaine charges are felony cases heard in Circuit Court in Bartow. The process from arrest to resolution typically includes:

• Arrest and first appearance: Bond is set. For trafficking charges, bond may be denied or set extremely high. An attorney can argue for reasonable bond based on ties to the community, lack of prior record, and other factors.
• Arraignment: Not guilty plea entered. Discovery demand filed immediately.
• Discovery review: Lab reports, weight documentation, officer reports, surveillance, CI information, and phone records reviewed. FDLE lab records and chain of custody documents obtained.
• Motion to suppress: In cocaine cases arising from traffic stops, the lawfulness of the stop and the search is the first and most important Fourth Amendment inquiry.
• Lab and weight challenges: For trafficking cases, lab methodology, scale calibration, and the total mixture weight calculation are examined. Even a few grams below the threshold changes everything.
• PTI or plea: For possession cases, PTI may be available for first-time offenders. For trafficking cases, cooperation negotiations with the SAO may be the path to avoiding mandatory minimums.
• Trial: If no resolution is reached, the case goes before a 10th Circuit jury. CI credibility, Fourth Amendment issues, and weight challenges are all jury issues.

What is the difference between cocaine possession and possession with intent to sell in Florida?

Simple possession under § 893.13(6)(a) — knowing possession of cocaine for personal use — is a third-degree felony with a maximum of 5 years. Possession with intent to sell or deliver under § 893.13(1)(a) is a second-degree felony with a maximum of 15 years. The intent element in possession with intent cases is typically proven through circumstantial evidence: the quantity, the packaging (multiple individually wrapped baggies rather than a single piece), the presence of scales, large amounts of cash, text messages, or CI testimony. The same amount of cocaine can be charged as simple possession or PWIT depending on these surrounding circumstances.

What Are the Collateral Consequences of a Cocaine Conviction in Florida?

A cocaine conviction — whether possession or trafficking — carries long-term consequences beyond the criminal sentence that affect every aspect of life:

• Driver’s license: Mandatory 2-year suspension under § 322.055 for a first drug conviction. The suspension applies regardless of whether any jail time is imposed.
• Firearm rights: A felony cocaine conviction permanently disqualifies you from possessing or purchasing firearms under 18 U.S.C. § 922(g)(1) and Florida law. This right cannot be restored absent a pardon or specific post-conviction relief.
• Employment: Cocaine convictions — particularly trafficking felonies — appear on background checks indefinitely and are disqualifying for many federal, state, and private-sector positions. Background check services report felony drug convictions to virtually every employer who requests a background check.
• Immigration: For non-citizens, a cocaine conviction is a drug trafficking offense under federal immigration law if it involves more than personal-use amounts, and is grounds for deportation regardless of immigration status. Even a simple cocaine possession conviction can trigger removal proceedings.
• Professional licenses: Nursing, real estate, teaching, law enforcement, and other professional licenses in Florida are subject to character review. A cocaine conviction — especially a trafficking charge — typically results in license suspension or denial.
• Federal student financial aid: A drug conviction during enrollment when receiving federal aid can suspend or eliminate federal student loan and grant eligibility under 20 U.S.C. § 1091(r).