The majority of marijuana-related arrests are misdemeanor offenses that involve small amounts of the drug. But cases involving larger amounts typically result in more serious criminal charges.
Marijuana distribution, or trafficking, is based on weight, regardless of if you intended to sell or distribute the drug. If you have been arrested or are under investigation for marijuana distribution, you should contact an experienced attorney right away.
Attorney for Marijuana Distribution in Treasure Coast, FL
Retaining legal counsel in the early stages of an investigation typically leads to better results. That is why is it imperative that you contact Meltzer & Bell today. Our attorneys are experienced with marijuana crimes and they will strive to achieve the best possible outcome for your situation.
Call Meltzer & Bell today at (772) 291-2534 to set up a free case consultation or submit your information in the online form. We represent clients in communities along the Treasure Coast that include Martin and Saint Lucie.
- What is Marijuana Distribution?
- Possible Penalties for Marijuana Distribution
- Related Marijuana Distribution Penalties
What is Marijuana Distribution?
Being found in possession of 25 pounds or more, or 300 or more plants, is charged as marijuana distribution/trafficking in Florida. Section 893.135 of the Florida Statute defines the crime as any person who knowingly sells, purchases, manufactures, delivers or brings into the state, or is in actual or constructive possession of more than 25 pounds or 300 or more plants.
Actual possession involves the marijuana being found on the defendant. The can include in the pockets, hands, in a bag, or any other area under the alleged offenders had direct and immediate control over.
Constructive possession, on the other hand, is when the defendant has knowledge and control over drugs but may not necessarily have actual possession. For instance, if drugs are found in the glove box of the defendant’s locked car, even though the defendant is nowhere near the drugs, they could still be arrested for possession.
Possible Penalties for Marijuana Distribution
Because of the amount of marijuana involved, if you are charged with distribution, you will be charged with a first-degree felony. Penalties for the crime vary based on the quantity involved and can include the following:
- 25 lbs. – 2,000 lbs. or 300 – 2,000 plants: Being found with this amount comes with a mandatory minimum term of imprisonment for three years, but the judge can impose up to 30 years and a $25,000 fine.
- 2,000 lbs. -10,000 lbs. or 2,000 -10,000 plants: This entails a mandatory minimum sentence of seven years, but the judge can sentence up to 30 years in prison and a $50,000 fine.
- 10,000 lbs. or more: Being found with this quantity is punishable by a mandatory minimum prison sentence of 15 years, but up to 30 years and a $200,000 fine.
Related Marijuana Distribution Penalties
In 2008, an amendment called the Marijuana Grow House Eradication Act was added to the Florida Statute to prevent people from leasing or owning facilities, structures, trailers or other building for the purpose of trafficking, manufacturing, selling or distributing cannabis.
If you are found owning or renting property utilized for marijuana distribution, you could face the following additional charges:
- It is a third-degree felony to own, lease or rent any structure, place, trailer or other conveyance with the knowledge the place, trailer or other conveyance was used for trafficking/ distributing cannabis. If convicted, you could face up to five years in prison, a fine up to $5,000 or both.
- It is a second-degree felony to knowingly be in actual or constructive possession of any structure, place, trailer or other conveyance with the knowledge that is was used for trafficking/ distributing marijuana. If convicted, you could face up to 15 years in prison, a $10,000 fines or both.
- It is a first-degree felony to be in actual or constructive possession of any structure, place, trailer or other conveyance with the knowledge that is it being used to distribute/ traffic cannabis and knew or should have known a minor was present or residing in the structure, place, trailer or other conveyance. If convicted, you could spend up to 30 years in prison, a $10,000 fines or both.
Additional Resources for Marijuana Distribution in Treasure Coast, FL
Trafficking | Florida Statute 893.135 – Follow this link to learn more about marijuana trafficking in the state of Florida. The statute defines what is considered marijuana distribution/trafficking and penalties for the offense. The statute can be read on Online Sunshine, the official website of the Florida Legislature.
Chapter 25: Drug Abuse & Contraband in Facilities Jury Instruction– Read through the jury instructions for marijuana trafficking cases and other drug offense. Jury instructions are used to instruct a jury on how to deliberate a case. The instructions are provided in rich text format (RTF) and are adopted verbatim to the extent that a court deems them applicable.
Lawyer for Marijuana Distribution in Treasure Coast, FL
If you have recently been arrested for, or are being investigated for marijuana distribution in the Treasure Coast, you should contact Meltzer & Bell as soon as possible. Out attorneys are lifetime members of the National Organization for the Reform of Marijuana (NORML), and they will fight to protect your rights.
We represent clients with marijuana charges in counties along the Treasure Coast that include Martin and Saint Lucie. Call Meltzer & Bell today at (772) 291-2534 to schedule a free case consultation or submit your information in the online contact form.