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Criminal Defense Lawyer in Orlando, FL | Hanlon Law

Cannabis Trafficking Lawyer in Orlando, FL

The prosecutors and law enforcement officers in Florida take cannabis trafficking seriously. A conviction for cannabis trafficking comes with strict mandatory minimum sentences and expensive penalties. It is essential to protect your future after being charged with cannabis trafficking by hiring an experienced drug trafficking lawyer. The attorneys at Hanlon Law understand how serious these charges are and have the valuable skills needed to defend our clients. 


Cannabis Trafficking 


Cannabis trafficking, as defined by Florida Statute 893, is when a person distributes a large quantity of cannabis for selling or cultivating. In order to prove cannabis trafficking, the prosecution must prove beyond a reasonable doubt the following elements: 


  • The accused knowingly possessed, sold, manufactured, purchased, delivered, or brought cannabis into Florida; 
  • The substance found on the accused was marijuana or cannabis; 
  • There was an excess of 25 pounds of cannabis or at least 300 cannabis plants discovered on the defendant.


Cannabis Trafficking Penalties 


Cannabis trafficking is a first-degree felony, with the penalties determined by the quantity of drugs found.


  • For 25 to 2,000 pounds (300 to 2,000 plants) the mandatory minimum is 3 years with a maximum of 30 years in prison and a fine up to $25,000. 
  • For 2,000 to 10,000 pounds (2,000 to 10,000 plants) the mandatory minimum is 7 years with a maximum of 30 years in prison and a fine up to $50,000. 
  • For 10,000 or more pounds (10,000 or more plants), the mandatory minimum is 15 years, with a maximum of 30 years in prison and a fine up to $200,000. 


Possible Defenses to Cannabis Charges 


The consequences of cannabis trafficking are severe and require a robust defense to avoid. A skilled defense attorney will give you a significant advantage in your case and increase the odds that your charges will be reduced or dismissed. Here are some possible defenses to cannabis trafficking charges: 


Proving Possession 


In order to get a conviction for cannabis trafficking, the prosecutor must prove trafficking in one of two ways: actual possession or constructive possession. 


The prosecutor must show the accused had the cannabis on your person to prove actual possession. Actual possession would be if you had cannabis in your bag or pocket. To prove constructive possession, the prosecutor needs to demonstrate the accused had knowledge of the cannabis’ presence, knowledge the substance was cannabis, and domain control over the cannabis. Suppose the prosecution is unable to prove either of these kinds of possession. In that case, they do not have sufficient evidence to prove cannabis trafficking. 


Entrapment 


When a law enforcement officer illegally induces a person to commit a crime they would not have otherwise committed, they are guilty of entrapment. When entrapment is proven, securing a dismissal of the pending charges or an acquittal through trial is possible. 


Illegal Search and Seizure 


The United States Constitution gives every citizen certain privacy rights that may not be violated during a criminal investigation without a warrant signed off by a judge. When an unreasonable search and seizure violates the proper procedures, it may be possible to get the evidence obtained thrown out by filing a motion to suppress. 


Substantial Assistance


While substantial assistance is not technically a defense strategy, it is a frequently used method for avoiding the mandatory minimum prison sentencing that comes with a cannabis trafficking conviction. The State’s attorney can reduce a sentence below the mandatory minimum if the accused can give substantial assistance to identify, arrest, or convict anyone else who is engaging in the trafficking of cannabis or other illegal drugs. 


Seek the Assistance of a Cannabis Trafficking Lawyer in the Orlando Area


Cannabis trafficking is taken seriously by Florida law enforcement and punished harshly with significant consequences such as prison time and expensive fines. The first step you should take upon facing cannabis trafficking charges is contacting a criminal defense attorney. If you live in the Orlando area, the attorneys at Hanlon Law are here to protect your future. Our knowledge of Orlando’s prosecutors and courts helps in defense of our clients. We investigate the state’s evidence against our clients and examine the police conduct to form the strongest possible defense.


If you are facing marijuana trafficking charges in Orlando, Florida, contact the attorneys at Hanlon Law today.