Marijuana Trafficking

Being charged with marijuana trafficking in Florida is not a situation to be taken lightly. The state treats trafficking offenses very differently from simple possession. The weight of the evidence, the quantity involved, whether a weapon is used, and prior convictions all influence how severely the state will treat a case. In many cases, the penalties are mandatory. If you are facing allegations of marijuana trafficking in Palm Beach County, call The Ishak Law Firm led by Monica Ishak, offering dedicated legal support tailored to fight these charges.

What Trafficking in Marijuana Means Under Florida Law

Florida law defines trafficking in cannabis under Florida Statute 893.135. Trafficking is more than having marijuana for personal use. It involves possession with intent to distribute or sell, or transportation or importation of large amounts. The statute sets thresholds by weight or number of plants which turn what might otherwise be a felony into more serious felonies with mandatory minimum sentences.

Thresholds and Weights That Trigger Trafficking

Under current Florida law, some thresholds that trigger the trafficking statute include, possessing more than 25 pounds but less than 2,000 pounds of cannabis, or between 300 and fewer than 10,000 plants, qualifies for certain mandatory sentences. 

These thresholds mean that if law enforcement finds a quantity above the lower limits, the accused may be charged automatically under trafficking rather than a lesser drug offense.

Mandatory Minimum Penalties and Maximums

Statute 893.135 sets out a range of penalties tied to quantity. When someone is found guilty of trafficking cannabis, the sentences are not simply guidelines but often involve mandatory minimum prison terms. For example, someone with the highest amount or plant count may face at least 15 years in prison. Fines can be steep. The law does not allow a judge to reduce the sentence below the statutory minimum for specified amounts.

Sentencing Enhancements That Make a Case Worse

Trafficking in marijuana can be compounded by enhancements. These legal tools allow prosecutors to push for higher penalties when certain aggravating factors are present. The presence of enhancements often shapes how the defense proceeds.

Prior Convictions and Habitual Offender Status

If someone has past felony convictions, Florida’s habitual felony offender statute can be used to escalate an otherwise standard trafficking case. Under Florida Statute 775.084, a defendant might be labeled a habitual felony offender, habitual violent felony offender, or even a violent career criminal depending on the past record. Those designations increase the risk of long prison sentences, often well above the base penalties set by 893.135.

Firearm Involvement and 10-20-Life Law

If a firearm is involved in the commission of drug trafficking—used, possessed, displayed, or threatened, then enhancements can become severe under Florida’s 10-20-Life laws. The law mandates minimum sentences when a firearm is connected with certain felonies. Even if no one is harmed by the weapon, the mere display or presence during trafficking can increase exposure to harsher punishment.

What the 10-20-Life Law Means

10 years minimum mandatory prison sentence: If the accused possesses a firearm during the trafficking offense.

20 years minimum mandatory prison sentence: If the firearm is discharged, regardless of whether anyone is injured.

25 years minimum mandatory to life: If the firearm’s use results in serious bodily injury or death.

These minimum sentences apply even if the firearm was never fired or intended to be used. For example, simply displaying a weapon during a trafficking transaction can trigger mandatory enhancements under this law.

Strict Application and Limited Judicial Discretion

Judges in Florida have limited discretion to go below these mandatory minimums once the 10-20-Life statute applies. This makes firearm involvement one of the most dangerous enhancements a defendant can face in drug trafficking cases, since it removes the possibility of leniency through plea negotiations or judicial discretion.

Why Firearm Enhancements Matter in Drug Trafficking Cases

• Increased prison exposure: What might otherwise be a term of years under Florida’s drug trafficking statute can turn into decades in prison.
• Stacking penalties: The firearm enhancement applies in addition to the already harsh penalties for trafficking based on drug weight and type.
• Prosecutorial leverage: State attorneys often use the 10-20-Life statute to pressure defendants into pleas, knowing the risk of trial is extraordinarily high.

Aggravating Factors: Distribution Near Schools, Large Scale Operations

Trafficking operations that take place within a certain distance of schools or parks, or that involve large scale supply networks, draw special attention. Prosecutors use these aggravating factors to push for maximum sentences. The law allows courts to impose stricter conditions, deny probation, and apply higher fines when these circumstances are proven.

Real Examples of Trafficking Charges in Practice

To understand how Florida law operates, here are examples of how trafficking cases arise and how sentencing enhancements often come into play:

A person is found with 30 pounds of marijuana in a vehicle. Because they possess over 25 pounds, the state pursues a trafficking charge under 893.135. If a firearm is found in the vehicle, that can lead to additional mandatory minimums. If the person has previous felony convictions, they might also face habitual felony offender enhancements.

Another scenario involves someone growing 500 cannabis plants in a warehouse. Because the number of plants is between 300 and 10,000, trafficking penalties apply. If law enforcement alleges that they intended to distribute to minors or near schools, or shipped across county lines, those are further aggravating factors that increase sentencing exposure.

Defenses Against Marijuana Trafficking Accusations

Having a trafficking charge does not mean conviction is certain. Many defenses exist to challenge elements of the state’s case, to contest the application of enhancements, or to reduce exposure. At The Ishak Law Firm, attorney Monica Ishak analyzes every angle.

Challenging the Quantity Alleged

One of the first things we review is whether the weight or plant count is accurately measured. State agents or law enforcement must follow chain of custody rules and must properly calibrate scales. If the measurement occurred under questionable conditions or the plant count is approximate or inflated, the defense can challenge those claims.

Contesting the Intent to Distribute

Trafficking statutes require not just possession but intent to distribute. Sometimes evidence is weak or circumstantial. It may come down to witness statements, surveillance, or packaging. If the state cannot prove distribution intent beyond a reasonable doubt, a trafficking charge can be reduced or even dismissed.

Suppressing Illegally Obtained Evidence

Search and seizure practices must follow constitutional protections. If law enforcement acted without probable cause, or failed to obtain a valid warrant when required, evidence may be suppressed. When a critical piece of evidence is suppressed, the strength of the prosecution’s case can collapse.

Mitigation and Plea Strategy

Even when evidence is strong, strategic mitigation can make a difference. The Ishak Law Firm works to identify personal history, addiction issues, rehabilitative steps, and other factors that may persuade prosecutors or judges to offer reduced charges or favorable plea deals. Strong defense includes preparing for trial but also negotiating effectively when that makes sense.

Enhancements Specific to Marijuana Trafficking

Trafficking cases often trigger several enhancements at once. Some of the enhancements that commonly come into play include the following:

Firearm enhancements when a weapon is found in connection with trafficking. Habitual offender enhancements if past convictions qualify. Aggravating circumstances like proximity to schools or involvement of vulnerable persons. Large scale operations that suggest organized crime or interstate commerce.

Because each additional enhancement significantly increases the risk, it is essential to have a defense strategy that identifies whether enhancements are properly applied, whether the facts support them, or whether they are exaggerated.

How The Ishak Law Firm Handles Trafficking Cases

Attorney Monica Ishak approaches every marijuana trafficking case with rigorous investigation, careful legal analysis, and personalized strategy. The process typically involves the following steps:

We first listen to your version of events in detail. What you believed you were doing, where you got the marijuana, whether you thought you were distributing or just possessing, whether a weapon was involved and under what circumstances.

We analyze what law enforcement found. We review search warrants, seizure reports, lab reports, and chain of custody. We look closely at measurement of weight or plant count. We challenge any sloppy documentation or violations of rights.

We examine enhancements that the state is seeking. If they allege prior convictions or firearm involvement, we study whether those enhancements qualify under statute. We prepare motions to suppress, to reduce, or to dismiss.

We develop mitigation strategies. We gather evidence about your background, work history, family obligations, medical or mental health information, or rehabilitation efforts. We present that evidence at plea negotiations or sentencing hearings to reduce penalties.

When needed we prepare for trial. Even if a plea seems likely, the best plea offers often come when the state knows you are ready to go to trial.

Local Insight From West Palm Beach and Palm Beach County

Every county in Florida treats trafficking cases somewhat differently. Local prosecutors, judges, and law enforcement in Palm Beach County have particular patterns in how they charge, negotiate, and resolve marijuana trafficking cases.

Monica Ishak has deep experience in Palm Beach County. She understands which prosecutors are more aggressive about enhancements, which judges are more willing to suppress evidence, and when the burden of proof is strictly enforced. Her familiarity with local rules, court culture, and procedural timelines offers clients an advantage many defense attorneys may overlook.

Long Term Consequences Beyond Criminal Penalties

A trafficking conviction is not the end of legal consequences. Even after serving time or probation, there are ongoing penalties. A criminal record may affect employment, housing, licensing, educational opportunities, and immigration status. Fines, restitution, and legal fees may linger. Felony convictions may also prevent possession of firearms and reduce civil rights.

Attorney Ishak and her firm take these long term issues into account before making decisions. Some clients prioritize avoiding felony convictions for immigration or licensing reasons; others wish to protect reputation and community ties. Defense strategies always consider these broader impacts.

Recent Changes and Current Legal Landscape

Florida has changed medical marijuana laws and regulatory oversight, but trafficking remains illegal under both state and federal law. Lawmakers have considered adjustments to weight thresholds and medical cannabis regulation, but as of now, statute 893.135 remains the operative law for trafficking. It is vital to have current legal counsel who knows the latest legal interpretations.

Florida does permit medical marijuana for qualifying patients under the Office of Medical Marijuana Use. Possession in that context is governed by separate regulations. But those patient-specific protections do not cover many of the activities that trafficking statutes penalize.

Start Building a Strong Defense Today

If you or someone you care about has been arrested or is under investigation for marijuana trafficking in Palm Beach County you need strong, experienced legal help now. Do not wait while prosecutors build their case and prepare to argue enhancements that could cost you years in prison. Attorney Monica Ishak is ready to stand by you, protect your rights, and fight to minimize the damage.

Call today to schedule a confidential consultation. Let us listen to your side, explore your defenses, review possible reductions or dismissals, and work together toward the best possible outcome for your future.