DRUG TRAFFICKING

Pursuant to Florida Statute § 893.135(1)(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis,”

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Elements

To prove the crime of Trafficking in Cannabis, the State must prove the following three elements beyond a reasonable doubt:

1. The accused knowingly sold, purchased, manufactured, delivered, brought into Florida, or possessed a certain substance.

2. The substance was cannabis.

3. The cannabis weighed more than 25 pounds or constituted 300 or more cannabis plants.

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Penalties

The sentencing guidelines for drug trafficking charges are harsh and severe. Drug trafficking is a first-degree felony, punishable by up to 30 years in Florida State Prison.  Florida imposes minimum-mandatory prison sentences and fines for people convicted of Trafficking in Cannabis based upon the weight or the total number of plants. Under Florida law, only the Office of the State Attorney can agree to waive the minimum-mandatory sentencing requirements.

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Cannabis (the following represent “Trafficking in Cannabis”, all of which are First Degree Felony Charges):

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Charge

Mandatory Minimum Sentence

In excess of 25 but less than 2,000 pounds or 300 or more cannabis plants

3 Years + $25,000 fine

2,000 pounds but less than 10,000 pounds or is 2,000 or more cannabis plants

7 Years + $50,000 fine

10,000 pounds or more or is 10,000 or more cannabis plants

15 Years + $200,000 fine

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There are many possible defences to the charge of Trafficking in Cannabis.  For more information on these possible defenses read Defense to a Drug Charge.

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For a free consultation to see how David J. Sobel can defend you, contact Mr. Sobel at 954-383-3000.  You will be able to speak directly with Mr. Sobel 24/7.