Fentanyl Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Many people charged in fentanyl cases tell us they did not know fentanyl was in what they had. Our office answers 24 hours a day.

Which Substances Count

Florida's fentanyl laws cover more than fentanyl itself. The trafficking statute lists alfentanil, carfentanil, fentanyl, sufentanil, fentanyl derivatives, controlled substance analogs of those, and any mixture containing any of them. Since October 1, 2026, the candy-form sale law also covers xylazine, and xylazine has its own trafficking offense. See Drug Trafficking.

Possession

Possessing fentanyl without a valid prescription, below trafficking weight, is a third-degree felony (up to 5 years in prison and a $5,000 fine). Possession can be actual (on you) or constructive (near you, with knowledge and control). When the pills were in a shared car or home, the State generally has to prove more than that you were close by.

Sale, Delivery, and Intent to Sell

• Selling, manufacturing, delivering, or possessing with intent to do so is a second-degree felony for fentanyl (up to 15 years and a $10,000 fine).
• Near a school, child care facility (during set hours), park, college, place of worship, convenience business, public housing, or treatment facility, it becomes a first-degree felony. Near a school or park, the statute adds a 3-year minimum.
• An adult who delivers to someone under 18, or uses a minor to help sell, commits a first-degree felony.

Fentanyl That Looks Like Candy

Florida has two separate laws aimed at fentanyl made to look like food or candy.

1. Candy-like form, any amount (section 893.13(1)(i), in effect since October 1, 2023). Selling, manufacturing, delivering, or possessing with intent to sell fentanyl or a listed fentanyl-type substance (and, since October 1, 2026, xylazine) is a first-degree felony with a 3-year mandatory minimum if the drug is in a form that looks like, or is mixed into or onto, a product whose product or packaging:

• "Resembles the trade dress of a branded food product, consumer food product, or logo food product;"
• "Incorporates an actual or fake registered copyright, service mark, or trademark;"
• "Resembles candy, cereal, a gummy, a vitamin, or a chewable product, such as a gum or gelatin-based product; or"
• "Contains a cartoon character imprint."

No minimum weight and no minor is required for this one. But the candy-like form is required. An ordinary sale of fentanyl, without one of those features, is charged under the regular sale law above, not this 3-year minimum.

2. To a minor, 4 grams or more (trafficking statute). A person 18 or older who knowingly sells or delivers at least 4 grams of a listed fentanyl-type substance to a minor, in one of those same candy-like forms, must be sentenced to "a mandatory minimum term of not less than 25 years and not exceeding life imprisonment," and fined $1 million.

Fentanyl Trafficking

Under section 893.135, 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 a listed fentanyl-type substance or mixture commits "trafficking in dangerous fentanyl or fentanyl analogues," a first-degree felony.

Possession alone is enough. No sale is required. And the weight is "the total weight of the mixture, including the controlled substance and any other substance in the mixture." With pressed pills, the whole pill counts. A small bag of pills can cross 4 grams fast.

For a trafficking conviction, the statute bars a withhold of adjudication and requires the minimum, with a narrow exception for substantial assistance on the state attorney's motion. See Drug Trafficking.

When Someone Dies

Florida's murder statute, section 782.04, covers overdose deaths in three different ways:

• Adult distribution causing death. An unlawful killing that "resulted from the unlawful distribution by a person 18 years of age or older" of fentanyl (or the other substances listed, including alfentanil, carfentanil, sufentanil, cocaine, methamphetamine, and Schedule I substances), when the substance or mixture "is proven to have caused, or is proven to have been a substantial factor in producing, the death of the user," is first-degree murder, a capital felony.
• Death during trafficking. A killing committed during a trafficking offense under section 893.135(1) is also listed as first-degree murder.
• Distribution by a person under 18 (since July 1, 2025). If a person under 18 distributes a substance "that he or she knew or reasonably should have known contained dangerous fentanyl or fentanyl analogs," and it causes or is a substantial factor in the death, that is third-degree murder, a second-degree felony.

The statute defines "substantial factor" this way: "the use of the substance or mixture alone is sufficient to cause death, regardless of whether any other substance or mixture used is also sufficient to cause death."

These cases turn on causation: the toxicology, the medical examiner's findings, what else was in the person's system, and whether the State can trace the drug to the person charged. They demand an early, careful defense.

"I Didn't Know It Had Fentanyl in It"

This is one of the most common things we hear, and it matters. But how it plays out depends on the charge.

• Not knowing drugs were there at all goes to possession. The State has to prove you knew about the substance.
• Thinking it was a different drug is harder. Under the trafficking statute, a person acts knowingly if he or she intended to possess any listed substance, "regardless of which controlled substance listed in subsection (1) is in fact" involved.
• Not knowing a substance was illegal is not something the State has to disprove up front. Under section 893.101, lack of knowledge of the illicit nature of a substance is an affirmative defense, with its own rules.
• For a person under 18 in a death case, the statute itself asks whether he or she "knew or reasonably should have known" about the fentanyl.

Every case is different. We look at what you were told, what the pills looked like, and what the evidence really shows.

How We Defend Fentanyl Cases

• The search. Car stops, phones, packages, and home searches. See Motions to Suppress.
• The lab. Was every pill tested, or only a few? Was the weight of the packaging or other pills added in? Field tests are not lab tests.
• Possession and knowledge. Shared spaces, shared cars, and who really controlled the drugs.
• Causation in death cases. Toxicology, other substances, timing, and the chain from seller to user.
• Bond. Fentanyl arrests often bring high bonds and Nebbia holds. See Bond & Nebbia Hearings.
• Immigration. For non-citizens, a fentanyl case can carry severe immigration consequences. See Immigration Consequences.

Related Pages

• Drug Crimes Defense
• Drug Trafficking
• Marijuana & THC Charges
• Motions to Suppress
• Bond & Nebbia Hearings
• Immigration Consequences

What to Do After a Fentanyl Arrest

1. Don't answer questions without a lawyer, especially if someone overdosed.
2. Don't consent to a search of your phone. Messages are often the State's main evidence.
3. Don't talk about the case on jail phones or social media.
4. Write down where the pills came from and what you were told they were.
5. Call us right away for bond and an early review of the lab and the search.

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. Call (305) 209-0384.

Frequently Asked Questions

How much fentanyl is trafficking in Florida?

4 grams or more of fentanyl or a listed fentanyl-type substance or mixture. The first mandatory minimum is 7 years.

Do they weigh just the fentanyl?

No. The statute counts the total weight of the mixture. With pills, the whole pill counts.

I thought the pills were something else. Does that matter?

It can, depending on the charge and the facts. It is not an automatic defense, especially if you knew they were some kind of controlled drug.

Can someone be charged with murder for an overdose?

Yes. Florida law makes it first-degree murder when an adult's unlawful distribution of fentanyl is proven to have caused, or been a substantial factor in, the user's death. Causation is often the key fight.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.