Trafficking in Cannabis in Florida
Trafficking in Cannabis is a First Degree Felony in Florida.
Florida imposes mandatory minimum prison sentences and stiff fines for people convicted of Trafficking in Cannabis.
Under Florida Statute 893.135(1)(a), the crime of Trafficking in Cannabis is committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 25 pounds or more of cannabis or 300 or more cannabis plants.
Cannabis Trafficking Thresholds
If a person is caught trafficking in cannabis, the minimum penalties they face are determined by the following cannabis trafficking thresholds:
- 3 years prison / $25,000 fine
- 25 to 1,999 pounds of cannabis; or
- 300 to 1,999 cannabis plants.
- 7 years prison / $50,000 fine
- 2,000 to 9,999 pounds of cannabis; or
- 2,000 to 9,999 cannabis plants.
- 15 years prison / $200,000 fine
- 10,000 pounds or more of cannabis; or
- 10,000 or more cannabis plants.
Penalties for Trafficking in Cannabis
The crime of Trafficking in Cannabis is a First Degree Felony in Florida and, depending on the amount of cannabis, is assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.
Under Florida law, unless the State Attorney agrees to waive the mandatory minimum sentencing requirements, the penalties are as follows:
- Trafficking in 25 to 1,999 pounds of cannabis or 300 to 1,999 cannabis plants
- Trafficking in 2,000 to 9,999 pounds of Cannabis or 2,000 to 9,999 cannabis plants
- Trafficking in 10,000 pounds or more of Cannabis, or 10,000 or more Cannabis plants
Trafficking in 25 to 1,999 pounds of cannabis, or 300 to 1,999 cannabis plants
If convicted of Trafficking in 25 to 1,999 pounds of cannabis, or 300 to 1,999 cannabis plants, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 3 years in prison and a $25,000 fine.
Trafficking in 2,000 to 9,999 pounds of cannabis, or 2,000 to 9,999 cannabis plants
If convicted of Trafficking in 2,000 to 9,999 pounds of cannabis, or 2,000 to 9,999 cannabis plants, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 7 years in prison and a $50,000 fine.
Trafficking in 10,000 pounds or more of cannabis, or 10,000 or more cannabis plants
If convicted of Trafficking in 10,000 pounds or more of cannabis, or 10,000 or more cannabis plants, a judge can impose a maximum sentence of thirty (30) years in prison, but is required to impose a mandatory minimum sentence of 15 years in prison and a $200,000 fine.
Mandatory Minimum Sentences
In drug trafficking cases, the statutorily required mandatory minimum sentence acts as the sentencing floor and a judge cannot sentence a person convicted of drug trafficking below the statutorily required mandatory minimum sentence.
However, mandatory minimum drug trafficking sentences are eligible for incentive gain time and a person will only have to serve 85% of the mandatory minimum sentence provided they don't forfeit any of the gain time due to bad behavior while in prison. [1]
Defenses to Trafficking in Cannabis
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Trafficking in Cannabis include:
Entrapment
Entrapment occurs when an undercover law enforcement officer or confidential informant induces a person to commit a criminal offense that the person would otherwise have been unlikely to commit. If it can be shown you were entrapped, the court can dismiss the charges against you.
Illegal Search and Seizure
Often, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search when they otherwise would not be required to; coerce people into agreeing to a search; arrest people without probable cause; or obtain search warrants in bad faith.
If any of these can be proven through the filing of a Motion to Suppress, the courts will suppress the resulting evidence as having been illegally obtained in violation of the Fourth Amendment of the United States; which can lead to an outright dismissal of the case.
Insufficient Evidence
The prosecutor can only prove you possessed cannabis for the purposes of trafficking in one of two ways:
Actual Possession
To prove that you actually possessed cannabis, the prosecutor has to show the cannabis was found on your person. So if the cannabis was found in your personally owned car while you were driving, the prosecutor would have a case involving actual possession of cannabis.
Constructive Possession
On the other hand, if the cannabis was found in a place where more than one person had access, the prosecutor would have a much more difficult time proving you possessed the cannabis because they would have to comply with the law of constructive possession.
The law of constructive possession requires the prosecutor to prove each of three distinct elements before you can be convicted:
- Knowledge of the cannabis’s presence;
- Knowledge the substance was cannabis; and
- Dominion and control over the cannabis.
Below are scenarios where it could be argued the prosecutor could not meet their burden of proving constructive possession.
Scenario 1: You were stopped while driving a friend’s car and police found cannabis in the trunk, they would be unable to convict you of Trafficking in Cannabis unless they had some proof that you knew the cannabis was there.
Scenario 2: You were stopped while driving a friend’s car and police found a cannabis package in the back seat, but in plain view. They would be unable to convict you of Trafficking in Cannabis unless they had some proof that you knew the package contained cannabis.
Scenario 3: You were driving your car, had a friend with you, and your friend takes a package with cannabis in it and places it in the passenger side door pocket. The police then stop you, see your friend’s package, and arrest both of you. As long as there is not evidence you were working in conjunction with your friend, they would be unable to convict you of Trafficking in Cannabis because, even though you knew the cannabis was there, your friend is the only person who had dominion and control over it.
Substantial Assistance
While not technically a defense, Substantial Assistance is the most commonly utilized method to avoid the minimum-mandatory sentencing required for the crime of Trafficking in Cannabis.
The state attorney is 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.
This remedy is routinely offered pursuant to a “Substantial Assistance Contract” that requires you to “assist” law enforcement in arresting a specific amount of individuals involved in trafficking drugs within a limited period of time.
However, if you are unable to deliver the specified amount of people, you will be required to serve the applicable mandatory minimum prison sentence; regardless of how hard you tried to “assist” law enforcement.
Valid Prescription
While it seems obvious, many people are arrested for Trafficking in Cannabis when they are unable to immediately produce a valid prescription or a recently dispensed pill bottle. These arrests usually occur when law enforcement have stopped your for suspicious behavior and discover the Cannabis in an unconventional area.
However, a valid prescription is a complete defense to Trafficking in Cannabis if the trafficking charge is based solely on the amount of Cannabis you had in your possession. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been charged or arrested with the crime of Trafficking in Cannabis in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.