Distribution of Marijuana in Florida
In Florida, it is illegal to sell, manufacture, deliver; or possess with intent to sell, manufacture, or deliver marijuana in any form or amount. The penalties you face if convicted depend on a number of factors, including the amount involved, where the incident took place, and whether anyone under the age of 18 was involved.
Brooksville, Florida Marijuana Distribution Defense Lawyer
Facing your marijuana distribution charge can be a harrowing, upsetting experience. If you have been arrested for marijuana distribution in Brooksville, North Weeki Wachee, Homosassa Springs, Floral City, Wildwood, Lake Panasoffkee, Spring Hill, or the surrounding areas in Hernando, Citrus, or Sumter Counties, you’ll want more than just a defense attorney – you’ll want an experienced and sympathetic marijuana distribution defense lawyer who understands just how all-consuming of your life your marijuana distribution charge in Florida is.
With a family tree full of legal professionals, Ashley Aulls is a highly skilled and capable Hernando County criminal defense lawyer who founded Ashley M. Aulls, P.A on the principle that the client is as important as the case. Ashley Aulls doesn’t just fight to protect your rights and your future from convictions — he seeks to educate you on your charges and keep communication lines open for your concerns. To begin fighting your marijuana distribution charges in Hernando County, Citrus County, or Sumter County, call Ashley M. Aulls, P.A at (352) 593-4115 today to arrange your initial case consultation.
Information Overview on Cannabis Dealing Charges
- Law on Marijuana Distributing in Florida
- Enhanced Penalties for Cannabis Distribution in Florida
- Defenses to Marijuana Sale Charges
Law on Marijuana Distributing in Florida
Marijuana distribution is defined in Florida Statute § 893.13 which bans the sale, manufacture, delivery; or possession with intent to sell, manufacture or deliver marijuana. Marijuana, or “cannabis” as it is referred to in Florida law, is listed as a “controlled substance” in Fla. Stat. § 893.03(1)(c). Distribution in any form, or possession with intent to distribute, can result in a conviction of a third-degree felony under § 893.13(1)(a). If convicted of marijuana distribution as a third-degree felony you face:
- Up to five years in prison
- Up to $5,000 in fines
Florida Statute § 893.135 states that it is a first-degree felony to knowingly sell, purchase, manufacture, deliver, bring into Florida, or to knowingly be in actual or constructive possession of more than 25 pounds of cannabis, or 300 or more cannabis plants. As a first degree felony, a conviction can result in:
- Up to 30 years in prison
- Up to $10,000 in fines
There are also mandatory minimum penalties depending on the amounts involved. If the amount involved is between 25 and 2,000 pounds or 300-2,000 plants, the mandatory minimum penalties are:
- Three years in prison
- $25,000 in fines
If the amount involved is 2,000 pounds or more but under 10,000 pounds, or is 2,000 or more plants but no more than 10,000 plants, the mandatory minimum penalties are:
- Seven years in prison
- $50,000 in fines
If the amount involved is 10,000 or more pounds or individual plants, the mandatory minimum penalties are:
- 15 years in prison
- $200,000 in fines
Florida Statute § 893.135(1)(a) defines a “plant,” when counting up the total number of plants, including, but not limited to, seedlings and cuttings. It is defined as an individual “cannabis plant” under Florida law if it has some readily observable evidence of root formation, such as root hairs. To determine if a piece or part of a cannabis plant severed from another cannabis plant is itself a cannabis plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. The viability and sex of a plant and the fact that the plant may or may not be a dead harvested plant are not relevant in determining if the plant counts as a “cannabis plant” for mandatory minimum penalties or in the charging of an offense under Florida law. A person who delivers 20 grams or less of marijuana (.7055 ounces) without being paid for it can be charged with a first-degree misdemeanor instead of a felony. Conviction of a first-degree misdemeanor is not as bad as a felony conviction, but can still result in:
- Up to a year in jail
- Up to $1,000 in fines
Enhanced Penalties for Cannabis Distribution in Florida
Regardless of the amount, you may face enhanced minimum penalties depending on the location of the incident. You may face additional penalties and a second-degree felony charge even for distributing small amounts of marijuana if the incident occurred within 1,000 feet of a:
- Child care facility during 6 AM-midnight, if a sign of two square feet or larger is posted in a conspicuous place reasonably visible to the public identifying it as a licensed child care facility
- School during 6 AM-midnight
- Public park
- Community center
- College or university
- Church or other location where religious services are regularly conducted
- Public housing facility
- Assisted living facility
As a second degree felony, a conviction can result in:
- Up to 15 years in prison
- Up to $10,000 in fines
You may also face enhanced penalties for delivering marijuana to anyone under age 18, or using or hiring a person under age 18 to help you sell or deliver marijuana or avoid detection. This is a second-degree felony under Florida Statute § 893.13(4)(b). This factor also makes you ineligible for probation or a suspended or deferred sentence. As a second-degree felony, a conviction can result in:
- Up to 15 years in prison
- Up to $10,000 in fines
Defenses to Marijuana Sale Charges
Depending on the circumstances, some defenses are available to you. For example, law enforcement may have found marijuana in your vehicle or residence which do not belong to you, or you may not knowingly be involved in the distribution of marijuana of which you are accused. Evidence may not be admitted against you if it was obtained in violation of the Fourth Amendment to the U.S. Constitution, generally meaning it was obtained by law enforcement who did not have a search warrant or a reasonable suspicion.
Finding the Best Cannabis Distribution Attorney in Hernando County
If you have been arrested and face charges involving marijuana distribution in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, Dade City, Shady Hills, Hudson, or anywhere else in the Hernando, Citrus, Sumter, or Pasco County area, contact Ashley M. Aulls, P.A to begin building your customized, comprehensive defense immediately.
Ashley Aulls is an experienced marijuana distribution defense attorney who knows what it takes to win a favorable outcome in your case. Call (352) 593-4115 today to schedule a consultation.