Trafficking in Cannabis / Marijuana Florida Cannabis Lawyers

The criminal offense of trafficking cannabis or marijuana in the State of Florida is a serious offense. Law enforcement officers throughout the State of Florida, including Hillsborough Couny, Polk County, Pinellas County, Pasco County, Hernando County and Manatee County have formed special units to look for marijuana grow houses and cannabis trafficking operations.

If you have been arrested or are under investigation for trafficking in cannabis or marijuana, contact an experienced Tampa criminal defense attorney in Hillsborough County, FL, to discuss your case by calling 813-250-0500 to schedule a phone or office consultation today. Our Tampa marijuana lawyers aggressively pursue all avenues of attack in fighting the serious criminal charges of trafficking in cannabis or marijuana in Florida.

As attorneys on the NORML Legal Committee, we focus on marijuana offenses and innovative strategies to defend our clients against these serious charges. We take a scholarly approach to filing motoins to dismiss and motions to suppress. An aggressive defense is often the best defense in these types of cases.

Law Enforcement Using Creative Sting Operations to Find Marijuana Grow House or Trafficking Operations

In order to find marijuana grow house and cannabis trafficking operations in Florida, law enforcement officers are using more creative investigation techniques. Many of these marijuana sting operations in Florida are elaborate.

After law enforcement officers in Florida develop "leads" or suspended individuals that may be involved in cannabis grow house or trafficking operations, the police then being surveillance until they can gather enough evidence for a search warrant or an arrest warrant.

Stake Out Operations at Hydroponic Stores

One of the most common sting operations being used now by law enforcement involve using undercover officers and confidential informants to infiltrate marijuana hydroponic stores or pose as on-line hydroponic merchants. The officers then follow the customers home.

In many of the cases, law enforcement officers in Florida attempt a "knock and talk" without a warrant by swarming a suspect's house for the purpose of gaining "voluntary consent" to search the home. Whatever techniques used in your case, contact an criminal defense lawyer in Tampa to discuss defenses that can be used to fight your trafficking in cannabis case, including motions to dismiss, or motions to suppress.

At the Sammis Law Firm we have a proven track record of success in defending individuals charged with possession, cultivation, and trafficking marijuana cases.

Getting the Best Results in a Marijuana Trafficking Case May Require an Attorney Early in the Investigation

Hiring an attorney early in the investigation often leads to the best result because at the beginning of the investigation all avenues of attacking the criminal case are still available to the defense. One of the most important things to remember if you are questioned about any marijuana or cannabis criminal offense under Florida law is to assert your right to remain silent. The most powerful evidence in any trafficking in marijuana or cannabis cases is usually the statements made by the person arrested.

Jury Instruction 25.9 for Trafficking in Marijuana or Cannabis provides generally as follows:

Certain drugs and chemical substances are by law known as “controlled substances.” Cannabis is a controlled substance. To prove the crime of Trafficking in Cannabis, the State must prove the following four elements beyond a reasonable doubt:

1. The person arrested for Trafficking in Marijuana knowingly possessed, sold, manufactured, delivered, purchased, or brought into the State of Florida a certain substance;
2. The substance is marijuana or cannabis;
3. The quantity of the marijuana or cannabis involved was either in excess of 25 pounds or involved at least 300 cannabis or marijuana plants.
4. The person arrested for Trafficking in Cannabis knew that the substance was marijuana or cannabis.

Definition of Legal Terms in a Marijuana Case:

• The term "cannabis" under Florida Statute Section § 893.02(3) means all parts of any plant of the "Genus Cannabis" whether growing or not.

• To "sell" marijuana under Florida law means to deliver or transfer cannabis to another person in exchange for something of value or money or a promise of something of value or money.

• To "manufacture" cannabis under Florida Statute Section § 893.02(13)(a) means the cultivation, cultivating, growing, preparation, packaging, production, labeling or relabeling, propagation, compounding, conversion or processing of marijuana or cannabis, either directly or indirectly. Manufacturing cannabis or marijuana under Florida law can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis.

• To "deliver" or "delivery of" marijuana under Florida Statute Section § 893.02(5) means the actual, constructive, or attempted transfer from one person to another of marijuana or cannabis, whether or not there is an agency relationship.

• To "possess" or "having possession" of marijuana or cannabis under Florida law means to exercise the right of control, management, or ownership or to have personal charge over the marijuana or cannabis. Possession of cannabis may be actual or constructive.

Actual Possession of Marijuana under Florida law:

1. The cannabis is in the hand of or on the person, or
2. The cannabis is in a container in the hand of or on the person, or
3. The cannabis is so close as to be within ready reach and is under the control of the person.

Constructive Possession of Marijuana under Florida law:

In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the (defendant) does not have control, the State must the following:

1. The defendant had control over the marijuana or cannabis;
2. The defendant had knowledge that the marijuana or cannabis was within the defendant's presence.

Constructive possession of marijuana under Florida law means the cannabis or marijuana is in a place over which the defendant has control, or in which the defendant has concealed it.

Mere proximity to a marijuana or cannabis is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.

Possession of marijuana or cannabis under Florida law may be joint, that is, two or more persons may jointly possess marijuana or cannabis, exercising control over it. In that case, each of those persons is considered to be in possession of the marijuana or cannabis.

If a person has exclusive possession of the cannabis or marijuana, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of the cannabis or marijuana, knowledge of its presence may not be inferred or assumed.

Knowledge of the Illicit Nature of the Substance:

Under Florida law "knowledge of the illicit nature" of marijuana is not an element of the criminal offense. Instead, the lack of knowledge of the illicit nature of the cannabis or marijuana is an affirmative defense. If the defendant in a trafficking or possession of marijuana or cannabis case in Florida raises this affirmative defense, the jury is permitted to presume that defendant was aware of the illicit nature of the cannabis or marijuana if the jury finds that the defendant was in actual or constructive possession of the marijuana.

If from the evidence the jury is convinced that defendant knew of the illicit nature of the marijuana or cannabis, and all of the elements of the charge have been proved, you should find defendant guilty. If the jury has a reasonable doubt on the question of whether the defendant knew of the illicit nature of the controlled substance, you should find the defendant not guilty.

Enhancement in Punishment Depending on Quantity:

If the jury finds the defendant guilty of Trafficking in Cannabis or Marijuana, the jury will also be asked to determine in their verdict whether the State of Florida has proved beyond a reasonable doubt that:

1. The quantity of the marijuana or cannabis involved was either in excess of 25 pounds but less than 2,000 pounds of marijuana or cannabis or involved 300 or more cannabis plants but not more than 2,000 cannabis plants.
2. The quantity of marijuana or cannabis involved was either 2,000 pounds or more but less than 10,000 pounds or 2,000 or more cannabis plants but not more than 10,000 cannabis plants.
3. The quantity of the marijuana or cannabis involved was either 10,000 pounds or more or 10,000 or more cannabis plants.

Quantity Can Be Determined By Either Weight or Number of Plants:

In State v. Castro, 840 So.2d 1121 (Fla. 3d DCA 2003), the Court held that the weight of processed cannabis could be combined with the weight of growing plants in order to reach the amount necessary to qualify for a trafficking offense. Therefore, under Florida law, for the charge of trafficking could be justified by the combined weight of both processed and unprocessed cannabis, even if the number of plants only were not sufficient for trafficking in cannabis.

Lesser Included Offenses:

Under Florida law the lesser included offenses of the charge of Trafficking in Cannabis or Marijuana can include the following:

• Attempt (but not conspiracy), except when delivery of marijuana or cannabis is charged under Florida Statute Section 777.04(1);
• Sale, manufacture or delivery of cannabis or marijuana under Florida Statute Section 893.13(1)(a);
• Purchase of marijuana or cannabis under Florida Statute 893.13(2)(a);
• Bringing cannabis into the State of Florida under Florida Statute Section 893.13(5);
• Possession of cannabis — if less than 20 grams of cannabis under Florida Statute Section 893.13(6)(a); or
• Delivery of less than 20 grams of cannabis under Florida Statute Section 893.13(3).

If you have been arrested or charged with Trafficking in Cannabis or Marijuana in the State of Florida, contact an experienced lawyer to discuss the particular facts of your case and defenses that may apply.

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Related Offenses:

Cultivation of Marijuana - Find out more about "manufacture of cannabis" or marijuana cultivation under Florida Law.

Possession Cannabis Under 20 Grams - Although possession of marijuana is generally charged as a misdemeanor offense, find out how the police can attempt to artificially enhance the charges by alleging "intent to sell" even if the defendant possessed only a small amount of marijuana.

Legalization of Marijuana - Our attorneys advocate for the legalization of marijuana in Florida. Find out more about the debate both pro and con.

Marijuana Grow House - New legislation in Florida allows for extremely enhanced penalties if the defendant has a home in which more than 20 plants are being grown. Find out how Florida law enforcement officers are actively engaged in finding marijuana cultivation or grow house operations throughout the Tampa Bay area.

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