Miami Marijuana Trafficking Lawyers: Defending Clients Against Harsh Charges
Marijuana laws in Florida can be complex and unforgiving, with trafficking charges carrying especially severe penalties. If you or a loved one have been accused of marijuana trafficking in Miami, having an experienced defense lawyer on your side is crucial. This article provides an overview of marijuana trafficking charges in Miami, potential defenses, and how a knowledgeable marijuana trafficking lawyer can help.
Overview of Miami Marijuana Trafficking Laws
Florida’s marijuana trafficking laws are among the harshest in the country. Trafficking charges apply to possession, sale, manufacture, delivery, or importation of certain quantities of marijuana, hashish, and other cannabis products. Notably, Florida Statute 893.135 sets weight thresholds that qualify for trafficking charges surprisingly low compared to other states. For marijuana, possessing more than 25 pounds is automatically considered trafficking. But you can face trafficking charges for having as little as 14 grams of hashish, and even smaller amounts of potent cannabis extracts.
The penalties for marijuana trafficking in Florida depend on the amount and type of substance involved. For 25 to 2,000 pounds of marijuana, mandatory minimum sentences start at 3 years in prison and $25,000 in fines at the lowest level. But sentences quickly escalate from there, with higher quantities bringing minimum 15 or 25 year sentences. Trafficking in hashish and cannabis extracts also triggers severe penalties.
Challenging Marijuana Trafficking Charges: Potential Defenses
The severe penalties for marijuana trafficking convictions in Miami make building an aggressive legal defense absolutely vital. An experienced marijuana trafficking attorney will thoroughly analyze the facts of your case to identify any potential defenses. Here are some of the most common defenses used:
Illegal Search and Seizure: If police violated your Fourth Amendment rights by searching you or your property without probable cause and a warrant, evidence obtained from that search may be excluded. An attorney can file a motion to suppress evidence on this basis.
Entrapment: This defense argues that police induced you to commit a marijuana trafficking offense that you otherwise wouldn’t have. Undercover operations and questionable informant tactics often raise entrapment issues.
Lack of Knowledge/Possession: You can’t be convicted of marijuana trafficking without proof you knowingly possessed the substance. If marijuana was left in your home or car without your knowledge, this defense may apply.
Misidentified Substance: Laboratory testing errors do happen. Your lawyer may challenge whether the material allegedly seized was in fact an illegal substance at all.
Coerced Confession: If police intimidated or threatened you into making an incriminating statement, your lawyer can fight to have that confession barred from evidence.
Procedural Violations: How police handled evidence collection and testing procedures matters. Violations of protocols can undermine the reliability of critical evidence.
Medical Marijuana: Although not a full defense for trafficking quantities, Florida’s medical marijuana laws may help mitigate penalties if you have a valid prescription.