Criminal Defense
Since 1993
Since 1993
Finally: Sanity Comes to Florida’s Drug Trafficking Laws
By: John Guidry
“Minimum mandatory sentences are simply heavy handed and arbitrary…we should not have laws that ruin the lives of our young men and women who have committed no violence.”
— U.S. Senator Rand Paul (R-Ky)
For years, Florida taxpayers have been paying to warehouse people in prison—not for being hardened criminals, but for having a pain pill addiction. It didn’t take much to end up with a mandatory prison sentence. Under the old laws, a mere 7 pills could trigger a mandatory 3-year prison term and a crippling $50,000 fine.
Finally, the Florida Legislature passed a much-needed modification to the drug trafficking laws for hydrocodone and oxycodone (Florida Statute 893.135), effective July 1, 2014. This change acknowledges that a handful of pills does not make someone a drug kingpin.
Charged with Drug Trafficking or Possession in Central Florida?
The laws have changed, but the stakes are still high. Call John today at (407) 423-1117.
The Legal Breakdown: Old Law vs. New Law
The definition of “trafficking” in Florida has always been about the weight of the substance, not necessarily the intent to sell. Because painkillers are heavy (mostly Tylenol or filler), the weight adds up fast.
Here is how the 2014 reform changed the landscape for the two most common painkillers:
Hydrocodone (Vicodin, Lortab)
Based on an average pill weight of 0.65 grams.
| Quantity | Old Law (Pre-2014) | New Law (Effective July 1, 2014) |
| 7 Pills (~4 grams) | 3-Year Mandatory Prison | NO MANDATORY, Simple Possession |
| 22 Pills (~14 grams) | 15-Year Mandatory Prison | 3-Year Mandatory Prison |
Oxycodone (OxyContin, Roxicodone)
Based on an average pill weight of 0.13 grams.
| Quantity | Old Law (Pre-2014) | New Law (Effective July 1, 2014) |
| 31 Pills (~4 grams) | 3-Year Mandatory Prison | NO MANDATORY, Simple Possession |
| 53 Pills (~7 grams) | (Part of 3-Year Tier) | 3-Year Mandatory Prison |
| 108 Pills (~14 grams) | 15-Year Mandatory Prison | 7-Year Mandatory Prison |
The Cost of the War on Pills
There was a good reason for Florida to scale back these laws. Sending a drug addict to prison for 3 years because they possessed 7 hydrocodone pills is morally wrong.
- Exploding Prison Populations: Prison admissions for opioid trafficking quadrupled from 262 in 2007 to 1,200 in 2011. 94% of these cases were for painkillers, not heroin.
- Misguided Priorities: Under the old law, possessing 7 hydrocodone pills was a First Degree Felony (punishable by 30 years). Meanwhile, child molestation can be a Second Degree Felony (punishable by 15 years). We had more cops tracking addicts than pursuing violent predators.
- Financial Drain: This reform was estimated to save Florida over $48 million in prison costs alone over five years. That is money that can be used to treat addiction rather than punish it.
John’s Takeaways
While this law change was a massive step in the right direction, drug trafficking remains a serious charge in Orange, Seminole, and Volusia County. Here is what you need to remember:
- It’s Still About Weight: Even with the higher limits, trafficking is determined by the total weight of the pill, not the amount of narcotic inside. If you have a bottle of pills, you can still hit those mandatory minimums quickly.
- “Trafficking” Doesn’t Mean Selling: You can still be charged with “Trafficking” even if you never sold a single pill. If you possess more than the statutory weight limit (e.g., 14 grams of hydrocodone), the law assumes you are trafficking.
- Possession is Still a Felony: Just because the mandatory minimums are gone for smaller amounts doesn’t mean you are in the clear. Possession of Hydrocodone or Oxycodone is still a Third Degree Felony, punishable by up to 5 years in prison.
- Treatment Over Prison: The goal of these changes was to stop ruining lives over addiction. If you are charged, our primary goal is often to get you into treatment and Drug Court, keeping a felony conviction off your record entirely.
Don’t Let a Pill Count Ruin Your Future
The law has evolved, and we have more tools than ever to fight these charges. Whether you are facing a simple possession charge or a trafficking accusation, you need a defense that understands the science and the statutes.
Call me at (407) 423-1117. Let’s build your defense.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.