Florida Statute § 893.135(1)(a) criminalizes trafficking in 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, FL
If you are charged with any drug trafficking offense then contact an experienced criminal defense attorney at Ashley M. Aulls, P.A.. Attorney Ashley Aulls represents clients charged with trafficking in cannabis charges in Brooksville, Hernando County, FL, 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
- Penalties for Cultivating Trafficking
- Finding a Marijuana Trafficking Attorney in Brooksville, FL
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:
- The defendant acted knowingly to sell, purchase, manufacture, delivery, bring into Florida, or possess a certain substance;
- That substance was cannabis.
- 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 the prosecutor with the State Attorney’s office can request the following standard jury instruction:
- The Defendant intended to sell, purchase, manufacture, deliver, bring into Florida, or possess an enumerated controlled substance in § 893.135(1), Fla. Stat.
- The defendant actually sold, purchased, manufactured, delivered, brought into Florida, or possessed cannabis.
In marijuana trafficking cases, special 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.
If you were arrested for trafficking in cannabis in Hernando County, FL, or the surrounding counties of Citrus County, Pasco County or Sumter County, then contact an experienced criminal defense attorney at Ashley M. Aulls, P.A.. From 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. Call (352) 593-4115 to begin your defense today.