The State of Florida imposes hefty fines and stiff mandatory minimum prison sentences for those convicted of Trafficking in Cannabis within the state.
When a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 25 pounds or more of cannabis, or 300 or more cannabis plants, they are committing Trafficking in Cannabis.
The charge of Trafficking in Cannabis is a first degree felony in Florida, but the punishments will vary depending on the details of the crime.
Trafficking 25 to 1,999 pounds of cannabis, or 300 to 1,999 cannabis plants
Trafficking 2,000 to 9,999 pounds of cannabis, or 2,000 to 9,999 cannabis plants
Trafficking 10,000 or more pounds of cannabis, or 10,000 or more cannabis plants
Under Florida’s Criminal Punishment Code, Trafficking in Cannabis is considered a level 8 or 9 criminal offense, depending on the amount of cannabis. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony cannabis charges and their enhancements.
At Aaron Delgado & Associates, we take cannabis trafficking charges very seriously. After all, so does the State. There are a few main possible defenses your drug crime lawyer may be able to take to fight your charges, including:
If a confidential informant or undercover officer persuades a person to commit a crime they likely would not have committed otherwise, and the entrapment can be proven, the court may dismiss the charges against you.
Often enough, law enforcement officers coerce or illegally require a person to submit to a search of their person, vehicle, or possessions. If your attorney is able to prove that the evidence against you was obtained illegally, the court will suppress the evidence.
You may also be able to suppress evidence if a search warrant was issued in bad faith or if you were arrested without probable cause.
In order to convict you of trafficking cannabis, the prosecutor much prove that you had actual possession or constructive possession of the cannabis.
Actual Possession If the cannabis was found on your person or in your personally owned car, the prosecutor would be able to show the court that you were in actual possession of it.
Constructive Possession If the marijuana was found in an area that at least one other person had access to, it would fall under the law of constructive possession. With constructive possession, there is a burden of proof that must be met before you can be convicted. The prosecutor has to prove that you had (1) knowledge of the cannabis’s presence, and (2) dominion and control over the cannabis.
There are many scenarios where our drug crime lawyers may be able to argue that the prosecutor failed to meet the burden of proof for constructive possession, making it much more difficult for the prosecutor to prove you committed a criminal act.
Substantial assistance is not a defense against committing cannabis trafficking. However, it is a very commonly used tactic that can help you avoid the mandatory minimum sentence requirements.
If you provide substantial assistance to the State which helps the identify, arrest, and/or convict another person who is engaged in trafficking a controlled substance, the prosecutor can ask the court to reduce or suspend your sentence for Trafficking in Cannabis.
There is often a contract involved with this method that requires you to assist with the arrest of a specific person (or persons) within a certain amount of time. No matter how hard you try to deliver the people the State required, if you fail to meet all the requirements of your Substantial Assistance Contract, you will have to serve the mandatory minimum prison sentence for your charge(s).
If you or a loved one have been charged with Trafficking in Cannabis in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug crime lawyers are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug crime lawyer and find out how we may be able to help you fight your charges.