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Marijuana Trafficking

Florida inflicts mandatory minimum prison sentences and fines for individuals convicted of trafficking cannabis. Florida Statute § 893.135(1)(a) criminalizes trafficking cannabis. Trafficking can be committed by sale, purchase, manufacture, delivery, bringing into this state, or actual or constructive possession. The penalties for this felony charge are extremely serious. Defenses often center around whether law enforcement conducted an illegal search or seizure. In many of these cases, your criminal defense attorney can fight the charges by filing a motion to suppress or a motion to dismiss the charges.

Marijuana Trafficking Lawyer in Brooksville, Florida

If you are charged with any drug trafficking offense then contact an experienced criminal defense attorney at The Law Office of Ashley Aulls, P.A.. Attorney Ashley Aulls represents clients charged with trafficking in cannabis charges in Brooksville, Hernando County, or the surrounding areas of Inverness in Citrus County, Dade City, or New Port Richey in Pasco County, or Bushnell in Sumter County, Florida. Call (352) 593-4115 to discuss your case today.

Information Center for Cannabis Trafficking in Florida

Elements of Marijuana Trafficking Charges

Cannabis is classified as a Schedule I controlled substance under Florida law. Under Florida Statute § 893.02(3) the term “cannabis” is defined to mean “all parts of any plant of the genus Cannabis whether growing or not.” The elements of the criminal offense of trafficking in cannabis require proof beyond all reasonable doubt of the following elements:

  1. The defendant acted knowingly to sell, purchase, manufacture, delivery, bring into Florida, or possess a certain substance;
  2. That substance was cannabis.
  3. The cannabis weighed more than 25 pounds or constituted 300 or more cannabis plants.

Under Florida Statute § 893.135(2) a mistake about the type of controlled substance possessed is not necessarily a defense. For example, if it is alleged that the defendant intended to sell heroin but actually sold cannabis, the prosecutor with the State Attorney’s office can request the following standard jury instruction:

  1. The Defendant intended to sell, purchase, manufacture, deliver, bring into Florida, or possess an enumerated controlled substance in § 893.135(1), Fla. Stat.
  2. The defendant actually sold, purchased, manufactured, delivered, brought into Florida, or possessed cannabis.

Penalties for Cultivating Trafficking

In marijuana trafficking cases, specially enhanced penalties exist depending on the number of plants or the weight of the cannabis under Florida Statute § 893.135(1)(a)1.-3. See State v. Weller, 590 So. 2d 923 (Fla. 1991). The standard jury instructions provide that if you find the defendant guilty of Trafficking in Cannabis, you must further determine by your verdict whether the State has proved beyond a reasonable doubt that:

  • The cannabis weighed more than 25 pounds but less than 2,000 pounds or constituted 300 or more cannabis plants but not more than 2,000 cannabis plants.
  • The cannabis weighed 2,000 pounds or more but less than 10,000 pounds or constituted 2,000 or more cannabis plants but not more than 10,000 cannabis plants.
  • The cannabis weighed 10,000 pounds or more or constituted 10,000 or more cannabis plants.

The standard jury instructions for trafficking in cannabis were originally adopted in 1981. The jury instructions were subsequently amended in 1987, 1989, 1997, and 2013.

Finding a Marijuana Trafficking Attorney in Brooksville, Florida

If you were arrested for trafficking in cannabis in Hernando County or the surrounding counties, you must contact the appropriate attorney for your case. The penalties can be severe if not handled appropriately. The attorneys at Goldstein & Orr will gladly take your case.

From the simple possession of marijuana to more serious felony drug trafficking charges, Ashley Aulls has the passion and experience to help you fight for the best result in your case. We serve clients from all over Hernando County and the surrounding areas including, Citrus County, Pasco County, or Sumter County. Call (352) 593-4115 to begin your defense today.