Cocaine and Crack Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

For an overview of all drug charges, see Drug Crimes Defense.

Cocaine Is a Schedule II Drug. Crack Is Cocaine.

Florida lists cocaine in Schedule II. The schedule covers cocaine "and any salt, compound, derivative, or preparation of cocaine," and Florida law says controlled substances are covered "by whatever official, common, usual, chemical, trade name, or class designated." Florida's statute has no separate crack category. Crack, powder, and rock are all charged as cocaine.

Cocaine Charges and Penalties

Two things surprise people. Buying cocaine is a more serious charge than possessing it. And possession with intent to sell is charged the same as an actual sale. Intent is usually argued from packaging, scales, cash, or phone messages, and those can often be explained.

Possession is a crime unless the drug was lawfully obtained from a practitioner or under a valid prescription, or is otherwise authorized by Florida's drug law. That almost never applies to cocaine, so most cocaine possession cases turn on the search, on whether you actually possessed it, and on the lab.

Actual and Constructive Possession

If the cocaine was not on you, but in a car, a room, or a shared home, the State must prove more than that you were nearby. It has to show you knew it was there and had control over it. Passengers, roommates, and guests have real defenses. Florida law also makes not knowing the illegal nature of a substance an affirmative defense.

The 1,000-Foot Zones

Selling, delivering, manufacturing, or possessing cocaine with intent to sell within 1,000 feet of certain places raises the charge to a first-degree felony:

• A school (public or private elementary, middle, or high school) between 6 a.m. and midnight, or a park, community center, or publicly owned recreational facility at any time: first-degree felony with a minimum of 3 years in prison.
• A child care facility between 6 a.m. and midnight: first-degree felony. The 3-year minimum does not apply to child care facilities, and this zone applies only if the facility posts the required sign.
• A college or university, a place of worship, a convenience business, public housing, or certain treatment, mental health, recovery, assisted living, or pain-clinic facilities: first-degree felony.

Measurements, maps, and whether the place really qualifies are often contested.

Cocaine Trafficking

Knowingly possessing a trafficking-weight amount can be charged as trafficking even without any sale. See Drug Trafficking Defense.

Trafficking in cocaine starts at 28 grams of cocaine or of any mixture containing cocaine. It is a first-degree felony with a mandatory minimum prison term and fine:

In a trafficking case, the judge cannot withhold adjudication. The weight is the total weight of the mixture, not just the pure cocaine, and separate bags of the same drug are added together. That is why the lab's weighing matters so much. Was the cocaine weighed with the bag? Were samples from several bags tested, or just one? Is the number close to a line?

Cocaine Mixed With Fentanyl

When a lab finds fentanyl in what was sold or seized as cocaine, the State can charge fentanyl, which has much lower trafficking weights and higher minimums. See Fentanyl Charges.

How Cocaine Cases Are Defended

• The search. Traffic stops, consent, K-9 alerts, and warrants. If the search was illegal, the cocaine can be thrown out. See Motions to Suppress.
• Possession. Shared cars, shared homes, and who had control.
• The lab. Field tests are not the final word. We look at the crime lab's testing, weighing, and chain of custody.
• Intent to sell. Personal-use amounts and innocent explanations for cash and phones.
• Zone measurements. Where the measurement started and ended, and whether the place qualifies.

Bond and Immigration

In drug cases, judges consider the street value of the drugs when setting bond, and prosecutors often ask for a Nebbia (source-of-funds) hold. See Bond & Nebbia Hearings.

For non-citizens, a cocaine conviction, and sometimes a plea without a conviction, can lead to deportation or denial of residency or citizenship. We look at this before any plea. See Immigration Consequences.

Related Drug Charges

Drug Trafficking Fentanyl Heroin Methamphetamine Tusi (Pink Cocaine) Prescription Pills Marijuana & THC

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day.

Frequently Asked Questions

Is crack charged differently from powder cocaine in Florida?

No. Florida's statute covers cocaine and any compound, derivative, or preparation of it. Crack is charged as cocaine.

Is buying cocaine worse than having it?

Under Florida law, yes. Purchase is a second-degree felony. Simple possession is a third-degree felony.

Can I be charged with trafficking if I never sold anything?

Yes. Knowing possession of 28 grams or more of cocaine or a cocaine mixture can be charged as trafficking.

Does the weight include the bag?

The statute counts the total weight of the mixture, meaning the cocaine plus whatever it is mixed with. It does not say to count the bag, so we check exactly how the lab weighed it.

What if the cocaine was in someone else's car?

The State must prove you knew it was there and had control over it. Being nearby isn't enough on its own.

How fast can you help?

Our office answers 24 hours a day.