Florida Marijuana/Cannabis Trafficking Lawyers

Florida Marijuana/Cannabis Trafficking LawyersA criminal charge for drug possession can be elevated to the more severe charge of drug trafficking when the illegal substances are being grown, sold, distributed, exported, or delivered. 

Whether someone is charged with trafficking rather than possession is determined by the amount and type of drug. When the illegal substance is marijuana or cannabis, 25 pounds is the threshold to enhance a possession charge to a trafficking charge, as defined under Florida Statute 893.1351(4). The greater the amount of marijuana or cannabis the defendant has in their possession, the more severe the potential consequences of being convicted. 

If you face charges for trafficking marijuana or cannabis in Florida, you may be confused about what to do next. The seasoned defense lawyers at The Umansky Law Firm are here to guide you through this situation and ensure that an arrest for marijuana does not plague your future. 

How Is Trafficking Marijuana or Cannabis Proven in Florida?

The terms “marijuana” and “cannabis” are often used interchangeably. However, there are minor differences. Cannabis refers to the entire plant, in which there is variety. Both cannabis and marijuana refer to the product, the dried leaves, and flower tops of the cannabis plant. 

In Florida, marijuana is considered a controlled substance. To conclusively prove the criminal offense of trafficking cannabis or marijuana, the state must prove the following four elements beyond a reasonable doubt:

  • The accused knowingly possessed, purchased, sold, delivered, manufactured, or brought into the State of Florida a specific substance
  • The substance was cannabis or marijuana
  • The quantity of cannabis or marijuana was a) more than 25 pounds or b) at least 300 cannabis or marijuana plants 
  • The defendant was aware the substance was cannabis or marijuana

How Is the Weight of Marijuana Measured?

Law enforcement weighs marijuana by blending the total weight of any cannabis plants that are still growing to reach a quantity eligible under Florida’s trafficking statute. 

That indicates that even if the number of cannabis plants is insufficient to charge the accused with trafficking marijuana or cannabis, law enforcement can combine the plants’ weight with other quantities of marijuana in the defendant’s possession. 

Penalties for Felony Marijuana Trafficking in Florida

Marijuana trafficking is a first-degree felony crime in Florida that involves severe minimum mandatory penalties. The consequences a defendant is subject to if convicted of trafficking marijuana or cannabis in Florida depends on several factors, such as the amount of cannabis involved and their criminal history. 

 Potential penalties may include: 

  • Possession of more than 300 cannabis plants, or between 25 and 2,000 pounds of marijuana: Up to 30 years in prison and fines up to $25,000
  • Possession of 2,000 to 10,000 cannabis plants, or between 2,000 and 10,000 pounds of marijuana: Up to 30 years in prison with a mandatory minimum sentence of seven years and fines up to $50,000
  • Possession of 10,000 or more cannabis plants, or over 10,000 pounds of marijuana: Up to 30 years in prison with a mandatory minimum sentence of 15 years and fines up to $200,000

These penalties can drastically alter the rest of a person’s life if they are convicted. If you face trafficking charges of marijuana or cannabis, you may lose not only your freedom but also your reputation, career, personal relationships, and more. 

At The Umansky Law Firm, we know that many people are wrongfully accused and convicted of drug crimes in Florida. With this in mind, we are dedicated to fighting zealously for our clients’ rights and freedoms.  

Potential Defense Strategies for Trafficking of Marijuana

No matter how severe your criminal case may be, there are potential defense strategies that may effectively protect your future and freedom, depending on your case’s circumstances. Our Orlando cannabis trafficking defense team always seeks to have our clients acquitted of the charges. It may also be possible to have charges reduced to a lesser offense or dismissed outright. 

If your case goes to trial, your lawyer may decide to use the following defense strategies, though there may be other methods better suited to your case:

  • Lack of evidence to garner a conviction: If the prosecution cannot prove that you were in actual possession of the marijuana, there is insufficient evidence for you to be found guilty.
  • Law enforcement went beyond their authority: Police officers sometimes surpass their authority’s scope by executing an unmerited search and seizure without a warrant or arresting without probable cause. 
  • Entrapment: This is a viable defense when undercover police commit illegal acts by convincing a person to engage in unlawful activities that they would otherwise not have done. 

Retain an Experienced Florida Marijuana Trafficking Attorney 

A conviction for marijuana trafficking in Florida can have long-term adverse consequences that may impact your ability to secure a job, loan, or housing. If you face charges for marijuana trafficking in Central Florida, don’t risk your future and contact a seasoned marijuana trafficking attorney immediately.  

At The Umansky Law Firm, our criminal defense lawyers have over 100 years of combined legal experience. They have advocated for countless individuals arrested on cannabis trafficking charges across the state of Florida. Our track record of positive criminal case results demonstrates our commitment to protecting our clients’ best interests. 

To speak with a skilled criminal defense lawyer with experience defending against marijuana trafficking charges about your situation, schedule a free consultation by completing a contact form or calling 407-228-3838.