Trafficking in Cannabis is frequently defined as the purchase and sale of cannabis, or the manufacture, delivery or importation of cannabis across Florida into other states, from another nation into Florida, or throughout Florida. Trafficking in Cannabis can be both a federal and a Florida state offense, and a conviction for either can include both prison time and fines.
Cannabis is defined as every part of the plant, whether growing or not, of the genus Cannabis, and includes all seed, resin and resin compounds from the plant under Florida Statutes § 893.02. Other commonly used names for trafficked cannabis are Marijuana, Weed, Pot, Chronic, Ganja, Hash, Hashish or Bud.
Tallahassee Marijuana Trafficking Defense Lawyer
If you have been charged with Trafficking in Cannabis in Leon County, it is important to hire an experienced attorney who will help you achieve the best possible outcome of your case. Don Pumphrey, Jr. is knowledgeable with Florida cannabis trafficking laws, and will attempt to find a defense or other circumstances to reduce your charges or have them dismissed. If you have been charged in Florida with Trafficking in Cannabis, contact Don Pumphrey, Jr. today for a consultation about your alleged offense in Tallahassee.
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Commonly Used Terms for Cannabis Trafficking
Some terms associated with Trafficking in Cannabis include:
Deliver – According to Florida Statutes § 893.02, this term is used to describe the actual, constructive, or attempted transfer of marijuana from one person to another.
Manufacture – Under Florida Statutes § 893.02, manufacture frequently means cultivating, growing, preparing, packaging, producing, labeling, converting or processing marijuana. Manufacturing can either be direct or indirect, and can be done with either original sources, through other chemical processes, or both.
Possess – This term means to exercise control over the marijuana, either through actual or constructive possession.
Sell – This term is frequently used to describe the delivery or transfer of marijuana from one person to another in exchange for money or something else of value.
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Jury Instructions to Convict Someone of Trafficking Cannabis
A pattern jury instruction used by the state’s prosecution to convict someone of trafficking cannabis, include an affirmative answer beyond a reasonable doubt to all the elements listed below:
- The person arrested for trafficking in cannabis knowingly possessed, sold, manufactured, delivered, purchased or brought into Florida a certain substance;
- The substance is cannabis, also known as, marijuana;
- The quantity of cannabis was more than 25 pounds, or more than 300 cannabis plants; and
- The person knew the substance was cannabis.
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Federal Rules and Penalties for Cannabis Trafficking
Under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.), it is a federal offense to manufacture, import, distribute or possess controlled substances, including cannabis, with the intent to sell the marijuana either across state borders, throughout the state or from a foreign country into Florida.
The federal Controlled Substances Act lists and classifies drugs as most serious with the greatest likelihood of abuse (Schedule I) to least serious with a small chance for abuse (Schedule V). Marijuana is classified as a Schedule I drug under the federal statute.
Penalties for Trafficking in Cannabis can depend on the amount of marijuana or marijuana plants being trafficked and if the alleged offender has any other prior convictions. A few examples of penalties include:
- If no prior convictions, less than five years to 10 years to life in federal prison,
- If death or serious bodily injury results from the offense, or the alleged offender already has one prior conviction, less than 10 years to 20 years to life in federal prison,
- Individual fines from $250,000 to $8,000,000, and
- Fines, if not an individual, ranging from $1,000,000 to $20,000,000.
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Penalties for Trafficking in Cannabis in Florida
Florida Statutes § 893.135 defines the penalties for cannabis trafficking in Florida. A conviction for marijuana trafficking in Florida is a felony of the first degree. The length of a prison sentence and/or fines can increase depending on the quantity trafficked, whether the alleged offender has prior convictions, and whether serious bodily injury or death was involved with the offense.
A conviction for a felony in the first degree for Trafficking in Cannabis of 25 pounds or more than 300 plants can include up to 30 years in Florida prison, depending on the offense, and up to $10,000 in fines.
If the amount of cannabis ranges from 25 to 2,000 pounds, or more than 300 cannabis plants, but less than 2,000, the alleged offender will face a mandatory prison sentence of at least three years and a fine of $25,000.
If the trafficking marijuana conviction is for more than 2,000 pounds, but less than 10,000 pounds, or 2,000 to 10,000 cannabis plants, the alleged offender will serve a mandatory prison sentence of seven years and a fine of $50,000.
The alleged offender will be sentenced to a mandatory prison term of at least 15 years and a fine of $200,000 if the amount of cannabis being trafficked is 10,000 pounds or more, or 10,000 marijuana plants or more.
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Marijuana Trafficking Defense Attorney
If you have been charged with Cannabis Trafficking in Leon County, Tallahassee, contact Don Pumphrey, Jr. to discuss the facts of your particular case. An experienced marijuana lawyer in Tallahassee can help you avoid severe penalties and harsh punishments. Attorney Don Pumphrey, Jr. has represented those accused of Trafficking in Cannabis in Florida, and will aggressively fight your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged marijuana trafficking charge.