Trafficking in Cannabis Defense
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We are your Trafficking in Marijuana Defense Lawyers
Also known as Trafficking in Marijuana
In Florida, trafficking in cannabis, also known as trafficking in marijuana, occurs when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports twenty-five (25) pounds or more of cannabis or three hundred (300) or more plants.
Penalties for Trafficking in Cannabis in Florida
If caught trafficking in cannabis, the minimum penalties you face are determined by the Florida cannabis trafficking thresholds:
- 25 pounds to 1,999 pounds of cannabis (marijuana) or 300 to 1,999 cannabis (marijuana) plants comes with a mandatory penalty of three (3) years in prison, a $25,000 fine, and up to thirty (30) years in prison.
- 2,000 pounds to 9,999 pounds of cannabis (marijuana) or 2,000 to 9,999 cannabis (marijuana) plants comes with a mandatory penalty of seven (7) years in prison, a $50,000 fine, and up to thirty (30) years in prison.
- Over 10,000 pounds of cannabis (marijuana) or over 10,000 cannabis (marijuana) plants comes with a mandatory penalty of fifteen (15) years in prison, a $200,000 fine, and up to thirty (30) years in prison.
Defenses to Trafficking in Cannabis
Pretrial defenses are critical. Call us immediately, even before you’ve been arrested if possible.
Common defenses to the crime of Trafficking in Cannabis include:
Many of the defenses available in ordinary drug possession cases are available to your Florida trafficking in cannabis defense lawyer including constitutional legal defenses that challenge unlawful searches or seizures by law enforcement. Some common Fourth Amendment defenses available in drug trafficking cases include: absence of a warrant, defective warrant, unlawful execution of a search warrant, entrapment, valid prescription, absence of probable cause to obtain a warrant, stale information forming the basis of the warrant, exceeding the scope of the search authorized by the warrant, invalid consent to search, coercive “knock and talk”, constructive entry during knock and talk, exceeding the scope of a consensual search, unlawful arrest or detention, absence of exigent circumstances, controlled substances not in plain view, warrantless search within the curtilage of a residence, Miranda violations, 5th and 6th amendment right to counsel violations, overly broad search incident to arrest, overly broad protective sweep, use of unlawful police tactics constituting a “search.”
Actual Possession vs. Constructive Possession
Actual possession means cannabis was found on your person or in your immediate control, such as in a glove compartment in a car. For example, if the cannabis found was in your pants pocket then the prosecutor would be charging you with actual possession of trafficking cannabis. On the other hand, if the cannabis was found in a place where more than one person had access and control, the prosecutor would need to prove that you had constructive possession.
To prove constructive possession the prosecutor must show:
- Knowledge the cannabis is present;
- Knowledge the substance was cannabis; and
- Dominion and control over the cannabis.
Substantial Assistance as a Defense to Cannabis Trafficking in Florida
While not technically a defense, nor a complete defense, reducing the charge to “providing substantial assistance” to drug trafficking is a method we will explore, avoiding the mandatory minimum sentencing required for the crime of trafficking in cannabis in Florida.
Assistant state wide prosecutors are authorized by statute to ask the court to reduce or suspend a sentence of any person who is convicted of drug trafficking when the person provides substantial assistance in the identification, arrest, or conviction of any other person engaged in trafficking in controlled substances.
Valid Prescription for Cannabis
Florida medical marijuana laws are in a state of flux. If we can show you held a valid prescription for cannabis, we may be able to have your charges dismissed.
Early Negotiation is Critical in a Sale of Marijuana defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
Call us even before you are charged if possible. We may be able to avoid charges being filed.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged in trafficking in cannabis cases in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and trafficking in cannabis in Palm Beach, Broward, Miami Dade County and throughout Florida.
We want to hear your story, and share ours.