Category: Drug Offenses · Statute: F.S. 893.135(1)(a) · Source: Florida Legislature
Understanding Trafficking in Cannabis in Florida
Under Florida Statute Section 893.135, the charge of Trafficking in Cannabis is triggered strictly by the quantity of the substance involved, regardless of whether there is evidence of an actual sale or distribution. In Florida, anyone who knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is in actual or constructive possession of, 25 pounds or more of cannabis, or 300 or more cannabis plants, commits the felony of trafficking. The law treats the entire weight of the seized plant material or mixture containing cannabis toward this threshold, meaning wet plants, soil, or packaging can sometimes impact the calculated weight during an arrest.
This offense is classified as a first-degree felony, distinguishing it from simple possession or possession with intent to sell, which carry much lighter penalties and no mandatory minimums. Because Florida law enforces strict mandatory minimum prison sentences and substantial fines based on specific weight brackets—ranging from 25 to over 10,000 pounds—prosecutors only need to prove knowledge and physical or constructive control over the threshold amount to secure a trafficking conviction, making the exact weight of the cannabis the central focus of the state's case.
Bail and Pretrial Release for Cannabis Trafficking
Because Trafficking in Cannabis is a first-degree felony carrying severe mandatory minimum prison sentences, judges at first appearance hearings typically view defendants as significant flight risks. Consequently, bail amounts for cannabis trafficking are set exceptionally high, often starting at tens of thousands of dollars for the lowest weight bracket and escalating dramatically for larger quantities. Under Florida law, the state may also request a "Nebbia hearing," requiring the defendant to prove that the funds used to pay the bail premium or collateral come from legitimate, non-drug-related sources before they can be released.
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