Heroin 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.

Heroin Is a Schedule I Drug

Florida lists heroin in Schedule I, the category Florida defines as having a high potential for abuse and no currently accepted medical use in treatment in the United States. Because of that, heroin cases do not turn on a prescription.

Heroin Charges and Penalties

Selling, delivering, buying, or possessing more than 10 grams of heroin or a heroin mixture is also a first-degree felony under the general drug statute, apart from trafficking.

The 1,000-Foot Zones

Selling, delivering, or possessing heroin with intent to sell within 1,000 feet of a school (6 a.m. to midnight), or a park, community center, or publicly owned recreational facility (any time), is a first-degree felony with a minimum of 3 years. Near a child care facility, college, place of worship, convenience business, public housing, or certain treatment and recovery facilities, it is a first-degree felony.

Heroin Trafficking

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

Florida's "trafficking in illegal drugs" law covers heroin, morphine, opium, and hydromorphone. It starts at 4 grams of the drug or of any mixture containing it:

In a trafficking case, the judge cannot withhold adjudication. The weight is the total weight of the mixture, including whatever the heroin was cut with, and separate bags of the same drug are added together. At these low thresholds, a fraction of a gram can change the minimum sentence. We check exactly how the lab weighed it.

Heroin and Fentanyl Mixtures

This is where heroin cases get dangerous. Florida's fentanyl trafficking law covers fentanyl and any mixture containing fentanyl. If the lab finds fentanyl in a heroin mixture, the State can charge trafficking in fentanyl, which starts at the same 4 grams but carries higher minimums:

"I thought it was heroin" is usually not a defense to the trafficking charge by itself. Florida's trafficking statute says a person acts "knowingly" when he or she intends to possess any of the listed drugs, even if the listed drug actually possessed turns out to be a different one. What the lab found, how much of the mixture was tested, and whether the State can prove possession at all still matter. See Fentanyl Charges.

Xylazine. For offenses on or after October 1, 2026, Florida also has a separate offense, "trafficking in xylazine," starting at 28 grams of xylazine or any mixture containing it, with mandatory minimums of 3 years (28 grams), 7 years (100 grams), and 25 years (200 grams or more).

When Someone Dies

Under Florida law, if an adult unlawfully distributes heroin, fentanyl, or certain other drugs, or a mixture containing them, and the drug is proven to have caused or been a substantial factor in the user's death, the charge can be first-degree murder. These cases turn on toxicology, the cause of death, and whether the drug can really be traced to the person charged. They need a defense team from day one.

How Heroin Cases Are Defended

• The search. If the stop, search, or warrant was illegal, the evidence can be thrown out. See Motions to Suppress.
• Possession. Shared cars and homes, and who actually had knowledge and control.
• The lab. What was identified, which bags were tested, and how the mixture was weighed. Near the 4-, 14-, and 28-gram lines, every weighing step matters.
• Fentanyl identification. Whether fentanyl was actually confirmed, and in which samples.
• Intent to sell. Personal-use amounts and innocent explanations for cash and phones.

Bond and Immigration

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 heroin conviction, and sometimes a plea without a conviction, can lead to deportation or denial of residency or citizenship. See Immigration Consequences.

Related Drug Charges

Fentanyl Drug Trafficking Prescription Pills Cocaine Methamphetamine Tusi (Pink Cocaine) 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

How much heroin is trafficking in Florida?

4 grams or more of heroin or of any mixture containing it.

Can I be charged with trafficking without selling anything?

Yes. Knowing possession of a trafficking amount can be charged as trafficking.

What if the heroin had fentanyl in it?

The State can charge fentanyl trafficking, which starts at 4 grams with a 7-year minimum. Not knowing it was fentanyl is usually not enough by itself to beat the trafficking charge.

Does the cut count toward the weight?

Yes. Florida weighs the total mixture, not just the pure drug.

Is there a prescription defense for heroin?

Not in practice. Heroin is in Schedule I, which Florida defines as having no currently accepted medical use in treatment in the United States.

How fast can you help?

Our office answers 24 hours a day.