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Marijuana Trafficking Charges in Florida 

Archer Law April 1, 2024

Marijuana trafficking is a serious offense that involves the illegal possession, sale, purchase, manufacturing, delivery, or transportation of cannabis. In Florida, marijuana trafficking offenses are determined based on the amount of marijuana involved and these offenses can carry severe penalties upon conviction.  

Trafficking marijuana is not confined to large-scale operations; it can also involve smaller quantities that exceed certain thresholds defined by Florida law. Setting the details aside, a marijuana trafficking charge comes with pressing legal consequences that should be taken seriously. Reach out to a criminal defense attorney as soon as possible if you are facing charges.

Florida's Marijuana Laws

Florida's laws regarding marijuana trafficking are outlined in Sections 893.13 and 893.135 of the Florida Statutes. These statutes establish the parameters for trafficking offenses, including the quantities of marijuana that warrant specific charges and the corresponding penalties. Understanding these laws is crucial for individuals facing marijuana trafficking charges in Florida:  

  • Threshold Quantities: Florida law sets specific thresholds for marijuana quantities that trigger trafficking charges. These thresholds vary depending on whether the marijuana is in plant form or processed into cannabis resin or other derivatives. For instance, a person can be charged with trafficking if they possess 25 or more pounds of marijuana, 300 or more cannabis plants, or 25 or more kilograms of cannabis resin. 

  • Severity of Offenses: The severity of marijuana trafficking offenses in Florida is determined by the quantity of marijuana involved. Trafficking in larger quantities typically carries more severe penalties, including mandatory minimum terms of imprisonment and substantial fines.  

  • Mandatory Minimum Sentences: Florida law mandates minimum terms of imprisonment for individuals convicted of marijuana trafficking. These mandatory minimum sentences are determined based on the quantity of marijuana involved and can range from several years to decades in prison.   

  • Enhancements for Aggravating Factors: In addition to the base penalties for marijuana trafficking, Florida law allows for enhancements in certain circumstances. Aggravating factors such as a prior criminal history, the involvement of minors, or the use of firearms during the commission of the offense can lead to enhanced penalties.  

  • Collateral Consequences: In addition to the direct legal penalties, individuals convicted of marijuana trafficking in Florida may face collateral consequences. These consequences can include the loss of professional licenses, restrictions on employment opportunities, and challenges in securing housing or financial assistance.  

The Consequences of Marijuana Trafficking

The consequences of marijuana trafficking in Florida can be severe and far-reaching. Conviction for a trafficking offense can result in lengthy prison sentences, substantial fines, and the imposition of other collateral consequences. These consequences may include:  

  • Prison Sentences: Depending on the quantity of marijuana involved, individuals convicted of trafficking can face mandatory minimum sentences ranging from three years to 15 years or more in prison. 

  • Fines: Fines for marijuana trafficking can be hefty, potentially ranging between $25,000 and $200,000, especially for larger quantities of marijuana. 

  • Asset Forfeiture: Florida's forfeiture laws allow law enforcement authorities to seize assets that are believed to be connected to marijuana trafficking. This may include cash, vehicles, real estate, and other property believed to have been obtained through or used to further trafficking activities.  

  • Permanent Criminal Record: A trafficking conviction can lead to a permanent criminal record, which can have significant implications for employment, housing, professional licenses, and other aspects of one's life.  

  • Loss of Professional Licenses: Conviction may result in the suspension or revocation of professional licenses, significantly impacting careers in healthcare, law, and education. 

  • Employment, Housing, and Financial Aid Implications: Those with a trafficking conviction may face challenges finding employment, particularly in roles that require a clean criminal record. Additionally, conviction can affect eligibility for public housing and financial assistance, making it difficult for individuals to secure a place to live or fund their education. 

Defending Against Trafficking Charges

If you've been charged with a marijuana trafficking offense, mounting a robust defense requires a comprehensive understanding of Florida's laws and effective legal strategies. At Archer Law, we employ a range of defense tactics to challenge the prosecution's case and protect your rights. Some common defense strategies include:  

  • Challenging the Evidence: We meticulously examine the evidence against you to identify any weaknesses in the prosecution's case or violations of legal procedures.  

  • Unlawful search and seizure: We examine whether the searches and seizures conducted by law enforcement were in compliance with your constitutional rights to make sure that any evidence obtained through unlawful means is excluded from the case.  

  • Questioning Intent: We work to establish that you did not knowingly possess, sell, or transport marijuana with the intent to engage in trafficking activities.  

  • Exploring Legal Defenses: Depending on the circumstances of the case, we may explore legal defenses such as entrapment, mistaken identity, or lack of sufficient evidence.  

  • Negotiating Plea Bargains: In some cases, negotiating a plea bargain may be the most prudent course of action. We leverage our negotiation skills to secure favorable plea agreements whenever possible.  

  • Litigating in Court: When necessary, we will zealously advocate for you in court, presenting compelling arguments and evidence to challenge the prosecution's case and seek acquittal or reduction of charges.  

Reliable and Strategic Legal Assistance  

At Archer Law, we understand the gravity of marijuana trafficking charges, and we are prepared to stand by you during this challenging time. Whether it's challenging the evidence, protecting your rights, or exploring plea bargaining options, we are dedicated to fiercely advocating for your best interests with our legal expertise and unwavering commitment. Trust us to provide the guidance and support you need. Contact us today to schedule a free consultation, and let's begin crafting a robust defense tailored to your unique circumstances.