Orlando Sale or Delivery of Cannabis Attorney
The sale or delivery of cannabis (marijuana) may be charged as a second- or third-degree felony depending on the location where it is sold, such as within 1,000 feet of a church, school, or park. Generally charged as a third-degree felony, you commit the crime of sale or delivery of cannabis when you manufacture, sell, or deliver cannabis, or possess it with the intent to do any of the above under Florida Statute 893.13(1)(a)(2). Any felony drug charge is serious and could impact your life in more ways than you can imagine. At Adams & Luka, our Orlando drug crimes attorneys work vigorously to ensure your legal rights are protected and to determine the best path forward to secure positive results.
Regardless of whether you sell cannabis or only deliver it, you can be charged with sale or delivery of marijuana. However, if you deliver cannabis in an amount less than 20 grams and do not accept anything of value (including money) for the cannabis, it is considered a first-degree misdemeanor. Ironically, if you were to give someone a joint and accept a couple of dollars for it, you have committed a felony.Penalties for Sale or Delivery of Cannabis in Florida
Those convicted of sale or delivery of cannabis will face penalties including:
- A maximum of five (5) years in prison
- A maximum of five (5) years of probation
- Fine of $5,000
A judge may sentence a defendant to probation, or any number of years up to five years in prison. The punishment may include all or any combination of the above. In the event you are charged with a first-degree misdemeanor, punishment may include a maximum of one (1) year in jail, one (1) year of probation, and/or a fine of up to $1,000.
It is also important to note that a conviction will result in a one-year driver's license revocation; those who hold a Florida-issued professional license may also have their license suspended.Sale or Delivery of Cannabis Defenses
There are many questions that impact what defense strategy will prove effective in these types of cases. For instance, did you know the substance was illicit, and did a sale actually occur? Were you falsely accused or did someone in law enforcement who was working undercover put pressure on you to engage in a sale that you otherwise would not have made? The specific details of each individual case often dictate what defense would be most effective; some of the most common include:
- Lack of knowledge
- Illegal search and seizure
- Personal use
- Constructive possession
Whether you did not know the substance you had in your possession was marijuana, you had the cannabis for your own personal use, someone else had access to the cannabis, there are several defense tactics that Orlando drug crimes lawyers may use on your behalf to help you avoid a conviction and the resulting penalties.Elements That Must Be Proven by Prosecutors
In every criminal case there are specific elements that the state must prove in order for the accused to be found guilty. In a sale or delivery of cannabis case, prosecutors must prove:
- You knew the cannabis was present; and
- You had control or dominion over the cannabis, which essentially means you had more than the ability to reach out and touch it.
Being investigated or even arrested for sale or delivery of cannabis in Orlando or anywhere in Florida does not indicate guilt. You are innocent until proven guilty beyond a reasonable doubt. This is why it is vital you work with a seasoned Orlando defense lawyer who will represent you throughout every step of the criminal justice system and focus on protecting your legal rights while providing a solid defense should your case go to trial.Contact Adams & Luka Today
We know that no one wants to spend time behind bars, or have their life or reputation affected by a criminal conviction. Many people are found guilty of crimes they did not commit, and unfortunately the legal system sometimes fails those who are innocent. Regardless of the situation, when you are arrested for sale or delivery of cannabis it is in your best interest to work with an Orlando drug crimes lawyer who will give your case the personal attention and dedication you deserve. Contact Adams & Luka now for a free consultation regarding your case.