Florida Statute Section 893.135(1)(a)
Under Florida Statute, Section 893.135(1)(a), Trafficking in Cannabis is to knowingly sell, deliver, manufacture, purchase, or bring into the state of Florida, or to knowingly be in actual or constructive possession of more than 25 pounds of cannabis, or more than 300 cannabis plants. If you commit the offense of Trafficking in Cannabis, you will be facing a first-degree felony. If you are convicted of selling, delivering, manufacturing, purchasing or bringing into the state of Florida, or knowingly in actual or constructive possession of more than 25 pounds of cannabis, but less than 2,000 pounds, or more than 300 cannabis plants, but not more than 2,000 plants, you will be sentenced to a mandatory minimum term of three years in prison, and will be required to pay a fine of $25,000. If you are facing such charges you should immediately contact The Law Place’s Sarasota criminal defense lawyers.
If you are convicted of selling, delivering, manufacturing, purchasing or bringing into the state of Florida, or knowingly in actual or constructive possession of more than 2,000 pounds of cannabis, but less than 10,000 pounds, or more than 2,000 cannabis plants, but less than 10,000 cannabis plants, you will face a mandatory minimum term of seven years in prison, and will be required to pay a fine of $50,000. If you are convicted of selling, delivering, manufacturing, purchasing or bringing into the state of Florida, or knowingly in actual or constructive possession of more than 10,000 pounds of cannabis, or more than 10,000 cannabis plants, you will face a mandatory minimum term of fifteen years in prison, and will be required to pay a fine of $200,000.
What is considered a Cannabis Plant?
For the purposes of this Statute, a plant could be a cannabis seedling or cutting, so long as there is observable evidence of root formation (i.e., root hairs). The viability and/or sex of the plant have no bearing on determining whether the plant is a cannabis plant. This means that even if the plant is a dead, harvested plant, it will still be considered a plant for purposes of charging and sentencing.
Criminal Defenses to the Crime of Trafficking in Cannabis
If you have been charged with Trafficking in Cannabis, your Sarasota criminal defense attorney will build a defense on your behalf based on the actual facts and circumstances surrounding your arrest. Your criminal attorney may use one of the following defenses, if it fits into the facts of your case:
- You are a victim of entrapment, meaning an undercover police officer convinced you to do something you would not ordinarily have done;
- You are a victim of an illegal search and seizure—perhaps the police exceeded the scope of their authority, arrested you without probable cause, or failed to obtain a valid search warrant;
- Your arrest was not lawful in some other way, other than illegal search and seizure or failure to obtain a warrant;
- There is insufficient evidence to prove your guilt—it cannot be definitively shown that you had either actual or constructive possession of the drugs; or
- Substantial assistance is not actually a defense, but is commonly used by Florida criminal defense attorneys as a means of avoiding the minimum mandatory sentencing required for the offense of Trafficking in Cannabis. The state attorney can ask the court to reduce or suspend your sentence following a conviction of Trafficking in Cannabis if you agree to provide assistance in the identification, arrest or conviction of others engaged in controlled substance trafficking (In other words, if you become an informant, your mandatory minimum sentence could be suspended or significantly reduced).
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Getting the legal help you need from the Criminal Defense Attorneys at The Law Place for Trafficking in Cannabis
If you have been charged with Trafficking in Cannabis, you are facing extremely serious penalties in the event of a conviction. Because of this, it is important that you contact an experienced criminal defense attorney from The Law Place as soon as possible after you have been charged. Our criminal defense attorneys will work hard on your behalf for the best outcome possible. We understand your future is at stake, and we will ensure your rights and your future are protected. Call 941-444-4444 today for a FREE consultation to discuss your charge of Trafficking in Cannabis.
