Trafficking in Cannabis

 

Possessing Cannabis carries serious penalties and need proper representation. Call Palm Beach County Law Firm Bottari & Doyle at 561-588-2781. If you have been arrested or charged with Drug Trafficking in Palm Beach County, Martin County or Broward County, contact a
Palm Beach
 criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.

Definition of Trafficking in Cannabis

Pursuant to Florida Statute 893.15(a), a person commits drug trafficking when he or she:

  • Knowingly sells, purchases, possesses, manufactures, delivers or brings into Florida, 300 or more cannabis plants or cannabis weighing more than 25 pounds.

Penalties for Trafficking in Cannabis

  1. 25 pounds to 1,999 pounds: 3 year minimum mandatory prison sentence, $25,000 fine. 300 to 1,999 cannabis plants: 3 year minimum mandatory prison sentence, $25,000 fine.
  2. 2000 pounds to 9,999 pounds: 7 year minimum mandatory prison sentence, $50,000 fine. 2000 plants to 9,999 plants: 7 year minimum mandatory prison sentence, $50,000 fine.
  3. 10,000 pounds or more: 15 year minimum mandatory prison sentence, $200,000 fine. 10,000 plants or more: 15 year minimum mandatory prison sentence, $200,000 fine.

Trafficking in Cannabis is a first degree felony, punishable by up to 30 years in state prison, with the minimum mandatory sentences listed above. 

Defenses to Trafficking in Cannabis

  1. Illegal Search or Seizure: Law enforcement must comply with the law prior to searching or stopping someone. If a police officer stops you without enough evidence to meet the required legal standard, then any drugs found on you or in your car may be suppressed. Suppression prevents the prosecutor from using any illegally obtained evidence against you in court, often forcing the prosecutor to dismiss the case.
  2. Insufficient Evidence to Prove Possession: There are two types of possession: Actual Possession and Constructive Possession. Constructive Possession is often difficult for the state to prove. In the following example, the state would have difficulty proving the defendant constructively possessed marijuana.

Example: The defendant drove his vehicle with a passenger in the front seat. The defendant’s vehicle is lawfully stopped by a police officer for speeding. The passenger pulls out a bag of marijuana and places it by his feet. The police would have a hard time proving that the defendant had the ability to exercise control over the marijuana. 

Contact Us

If you have been charged or arrested in with Trafficking in Cannabis, in Palm Beach County, Martin County or Broward County, contact a
Palm Beach criminal defense attorney from Bottari & Doyle, at (561)-588-2781 for a free consultation.