St. Petersburg Drug Crime Attorneys
Florida prosecutes drug crimes more aggressively than most states, and the consequences of a conviction reach far beyond the sentence itself. If you are facing drug charges in St. Petersburg, the St. Petersburg drug crime attorneys at Khonsari Law Group represent clients throughout Pinellas County in the 6th Judicial Circuit, the court system that handles all drug crime prosecutions in St. Petersburg, from simple possession through felony trafficking charges.
The specific facts of how you were arrested and how the evidence was obtained matter as much as the charge itself. Call (727) 269-5300 now for a free and confidential case review.
Why Does the Difference Between Possession and Trafficking Matter So Much?
The charge on the arrest report determines the minimum sentence a court can impose, and in Florida drug law, the difference between possession and trafficking is not always about selling. It can come down to weight alone.
Under Florida Statute 893.13, Florida drug offenses fall into three categories: simple possession (an amount consistent with personal use), possession with intent to sell (PWITS, indicated by scales, individual packaging, bulk cash, or other distribution evidence), and drug trafficking. Trafficking does not require any evidence of a sale. It is triggered entirely by the weight of the substance found, and it carries a mandatory minimum prison sentence the judge cannot waive regardless of the defendant’s history or the circumstances of the case.
What Weight Thresholds Trigger Drug Trafficking Charges in Florida?
Florida drug trafficking is defined by the weight of the controlled substance, and the mandatory minimum prison sentence required by law increases with the amount. Under Florida Statute 893.135, these are the thresholds for the most commonly charged substances:
- Cannabis (marijuana): 25 pounds or more — or 300 or more plants — triggers a trafficking charge. The mandatory minimum at the lowest threshold is three years in prison and a $25,000 fine. Weight alone determines the charge, even when the substance is marijuana.
- Cocaine: 28 grams (approximately one ounce) triggers a three-year mandatory minimum. 200 grams moves the mandatory minimum to seven years. 400 grams or more carries a mandatory minimum of 15 years.
- Heroin and opioids: 4 grams triggers trafficking with a three-year mandatory minimum. 14 grams brings a 15-year minimum. 28 grams or more carries a 25-year mandatory minimum.
- Methamphetamine: 14 grams triggers a three-year mandatory minimum. 28 grams moves to a seven-year minimum. 200 grams brings a 15-year minimum.
- Fentanyl: 4 grams triggers a trafficking charge with a mandatory minimum of three years. Given fentanyl’s potency, this is a very low threshold — the amount in a relatively small quantity of material can push a case into trafficking territory.
Mandatory minimums are not suggestions. A judge cannot sentence below them, regardless of the circumstances of the case, the defendant’s background, or the judge’s own view of what an appropriate sentence would be. Avoiding a trafficking charge or reducing one is among the most consequential things a defense attorney can accomplish.
How Are Florida Drug Cases Challenged?
Florida drug convictions require the state to prove every element of the charge beyond a reasonable doubt, using evidence that was legally obtained. Both of those requirements are genuinely contestable in the right circumstances.
Fourth Amendment and Illegal Search Challenges
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. If the search that produced the drug evidence was unlawful, because it lacked reasonable suspicion, was conducted without a valid warrant or a recognized legal exception, or exceeded the scope of what was actually authorized, the evidence can be suppressed through a motion to suppress, a formal request asking the court to exclude it. When the drugs themselves are suppressed, the state typically has nothing left to prosecute.
Challenging Constructive Possession
Actual possession means the drugs were on your person. Constructive possession is broader: it means the drugs were found somewhere you had access to, such as a shared vehicle, a shared residence, or a common area.
To prove constructive possession, the state must prove that you knew the drugs were there AND that you had the ability to exercise control over them. Proximity to drugs is not enough. Presence in a car where drugs are found does not automatically establish that every person in the car possessed them.
What If You Were Near Drugs But Did Not Know They Were There?
Knowledge is a required element of drug possession in Florida. If the substance was hidden by someone else, planted, or present in a location you had no knowledge of, the state still must prove beyond a reasonable doubt that you knew it was there. In cases involving multiple occupants of a vehicle or residence, the state must tie the drugs to a specific person. An attorney who knows what that proof must look like, and what it needs to be missing, can challenge whether the state can actually meet that burden.
Drug evidence that was illegally obtained, or that cannot be tied specifically to you, is evidence the state may not be able to use. Call Khonsari Law Group at (727) 269-5300 or contact us online for a free and confidential consultation.
First-Time Drug Offense Options in Florida
A first drug offense in Florida does not always lead directly to a conviction, and several legal paths exist that can result in charges being reduced, deferred, or dismissed entirely.
- Pretrial Intervention (PTI). PTI is a diversion program available in Pinellas County for certain first-time, nonviolent offenders. A defendant admitted to PTI completes a period of supervision, drug treatment, community service, and other requirements. Successful completion results in the state declining to prosecute, and the arrest can then be eligible for expungement. Admission is not guaranteed and depends on the charges, the defendant’s history, and the state attorney’s discretion.
- Drug Court. Pinellas County operates a dedicated Drug Court for defendants whose offenses are tied to substance use disorders. Participants complete a structured treatment and accountability program under ongoing court supervision. Successful completion results in the charges being dismissed. Drug Court is a significant commitment, but for defendants who qualify, it is often the most favorable path available.
- Withhold of adjudication. For cases that proceed to a resolution, the court may issue a withhold of adjudication rather than a formal conviction. A withhold means the court accepts the plea but declines to enter a conviction on the record. This preserves the defendant’s ability to seek record sealing later and avoids the full collateral consequences of a formal conviction. Whether a withhold is available depends on the charges, the facts, and negotiation with the state attorney’s office.
Drug Charges Are Built on Evidence. Evidence Can Be Challenged.
Rohom Khonsari spent years as an Assistant State Attorney before founding Khonsari Law Group, evaluating drug cases from the prosecution’s side. That experience built a specific understanding of how these cases are constructed: what the evidence needs to show, where arrests commonly leave gaps in the record, and which challenges are likely to succeed at the motion stage. Every drug case this firm handles starts with a careful review of how the arrest happened and what the evidence actually establishes, not just what the charge says.
Khonsari Law Group holds membership in the Florida Association of Criminal Defense Lawyers and carries a Better Business Bureau (BBB) A+ rating and an Avvo Client Choice designation. The firm has been featured on ABC Action News, Bay News 9, the Tampa Bay Business Journal, and the Tampa Bay Times.
Featured Testimonial
If we could choose one word to describe Rohom, it would be “integrity”. He keeps his promises to the very end. He kept us well informed on what to expect at every turn. We will be forever grateful for all of his help! We highly recommend him to everyone!
Frequently Asked Questions
How does being in a “drug-free zone” affect a Florida drug charge?
Florida law enhances penalties for drug offenses committed within 1,000 feet of a school, university, park, place of worship, public housing facility, or other designated drug-free zone. A drug crime committed within one of these zones can result in reclassification to a more serious offense level — turning a misdemeanor into a felony, or a third-degree felony into a second-degree felony.
What is a “controlled buy” and how does it affect a drug case?
A controlled buy is an undercover operation where law enforcement uses a confidential informant or an undercover officer to monitor, record, and document a drug transaction. These cases rely heavily on strict procedural compliance; a defense attorney will scrutinize how the informant was instructed, how the transaction was monitored, and how the evidence was handled afterward to identify potential flaws.
Can a drug trafficking charge be reduced to a lesser offense in Florida?
Sometimes. If a trafficking charge rests on a borderline weight, we may challenge the substance’s measured weight, the testing method, or the packaging to bring the weight below the statutory trafficking threshold. In other instances, a reduction to Possession or Possession with Intent to Sell (PWITS) may be negotiated through a plea agreement, sometimes involving cooperation or specific case mitigation.
What is Pinellas County Drug Court and who qualifies?
Pinellas County Drug Court is a court-supervised treatment program for defendants whose criminal conduct is connected to substance use. Participants must complete substance abuse treatment, submit to regular testing, and attend court hearings. Successful completion results in the dismissal of the criminal charges, providing a path to avoid a conviction.
Does a drug conviction stay on my record permanently in Florida?
A formal drug conviction (adjudication of guilt) is generally permanent. However, a “withhold of adjudication” — where the court accepts a plea but declines to formally convict — may be eligible for record sealing after a waiting period. Cases that are dismissed or successfully resolved through diversion programs like PTI may be eligible for expungement.
What happens when drug evidence gets suppressed?
When a court grants a motion to suppress, the evidence obtained unlawfully is excluded from the case. In drug prosecutions, this usually means the drugs themselves are off-limits. Without the physical substance, the state often lacks the evidence required to meet the burden of proof, frequently leading to the charges being dropped or significantly reduced.
A drug charge in St. Petersburg — whether possession, PWITS, or trafficking — is not the end of the road. The evidence behind it is reviewable, the search that produced it is challengeable, and the outcome is not predetermined.
Call (727) 269-5300 or contact us online for a free and confidential case review. We represent clients throughout St. Petersburg, Pinellas County, and the greater Tampa Bay area. Drug crime cases at the federal level are handled through our federal criminal defense practice.