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Marijuana Trafficking

Although marijuana is becoming decriminalized across the state, trafficking the drug is still a serious crime. If the defendant is found with 25 or more pounds of marijuana (or 300 or more plants), the charge may be upgraded from possession to trafficking. A conviction of marijuana trafficking will mean expensive fines you must pay out of pocket and even a mandatory minimum prison sentence for not months, but years.

If you are arrested or investigated for marijuana trafficking, your best bet is to contact a competent attorney that will defend your rights. Hiring an attorney can significantly increase your chances of having your charges reduced or dismissed altogether. Don’t take any plea deal or admit guilt until you secured legal representation that you can trust.

Port St. Lucie Attorney for Marijuana Trafficking in FL

The attorneys at Meltzer & Bell have experience representing clients facing marijuana charges. We will put our knowledge of Florida’s drug laws to work providing the best possible defense for you. Don’t wait another moment in uncertainty and call us for your first consultation.

Contact Meltzer & Bell immediately at (772) 291-2534 or submit your information in the online form to schedule a free consultation to discuss your case. We serve clients throughout the greater Martin County and St. Lucie County area including Port St. Lucie, Sebastian, Vero Beach, Indiantown and throughout the treasure coast region of Florida.

Overview of Cannabis Trafficking Charges in FL

What Does Florida Constitute as Marijuana Trafficking?
How Much Time Can I Get for Cannabis Trafficking?
What is the Mandatory Minimum Prison Sentence for Trafficking?
Possible Defenses for Cannabis Trafficking
Additional Resources

What Does Florida Constitute as Marijuana Trafficking?

Marijuana trafficking is when a person or people distribute and move large quantities of cannabis for various reasons such as to sell or cultivate it. A good way to understand the crime of marijuana trafficking is to take a look at the jury instructions. These are a set of guidelines given to the jury they must follow when deliberating their decision.

In Florida, the prosecutor must prove the following elements beyond a reasonable doubt to obtain a conviction for cannabis trafficking.

The defendant was arrested trafficking in marijuana and knowingly possessed, sold, manufactured, purchased, delivered, or brought into the State of Florida a chemical substance;
The substance is found on the defendant was marijuana or cannabis;
Law enforcement discovered an excess of 25 pounds of marijuana or involved at least 300 cannabis or marijuana plants on the defendant

What Are the Penalties for Marijuana Trafficking in FL?

The state of Florida calculates the penalties for marijuana trafficking by the quantity of drugs found. All marijuana trafficking cases are a first-degree felony, but Florida has a tiered penalty system with different minimum and maximum penalty amounts. The tiered system is determined by how many pounds of cannabis or plants discovered on the offender.

25 to 2,000 pounds (or 300 to 2,000 plants)
- Up to 30 years in prison; and
- A fine of up to $25,000
2,000 to 10,000 pounds (or 2,000 to 10,000 plants)
- Up to 30 years in prison; and
- A fine of up to $50,000
10,000 or more pounds (or 10,000 or more cannabis plants)
- Up to 30 years in prison; and
- A fine of up to $200,000

What Is the Mandatory Minimum Prison Sentence for Marijuana Trafficking in FL?

Since marijuana trafficking is a first-degree felony the penalties are incredibly serious. What makes it even more troublesome is that a conviction of marijuana trafficking will result in an automatic prison sentence. The different mandatory minimums are determined by how many plants or pounds of cannabis are found on the defendant.

25 to 2,000 pounds (or 300 to 2,000 plants)
- Mandatory 3 years in prison; and
2,000 to 10,000 pounds (or 2,000 to 10,000 plants)
- Mandatory 7 years in prison
10,000 or more pounds (or 10,000 or more cannabis plants)
- Mandatory 15 years in prison

Possible Defenses for Marijuana Trafficking in Florida

The penalties for trafficking cannabis can be overwhelming for anyone. You might be feeling hopeless and unsure what you can do to protect your future and rights. Hiring an attorney will give you a significant advantage in your case and increase the chances of reduced or dismissed charges. An attorney can implement a defense structure for your case that can cause the jury to doubt the prosecution’s case.

The following are some defenses your attorney could utilize for your case:

Found not to be in constructive or actual possession of the marijuana
There was insufficient evidence for a marijuana charge
Constitutional and procedural violations by law enforcement, including illegal search of your home, person or car for marijuana
Failure to give Miranda Warnings during arrest for marijuana trafficking
Entrapment to commit the offense by police officers
Lack of intent to commit marijuana trafficking
Law enforcement officers have mistaken your identity with someone else
You have a strong alibi for the charges against you

Additional Resources

United for Care — This campaign is run by People United for Medical Marijuana (PUFMM). You can get facts, find stories of care, and learn answers to frequently asked questions on this website. There are also sections dedicated to news, videos, and a calendar of upcoming events.

Florida NORML Chapters — The National Organization for the Reform of Marijuana Laws (NORML) is an American non-profit organization. This website lists the different chapters the organization has in Florida. You can learn more about current legal issues, news releases, and ways to take action.