25.9. Trafficking In Cannabis

25.9 TRAFFICKING IN CANNABIS 893.135(1)(a), Fla. Stat. Certain drugs and chemical substances are by law known as "controlled substances." Cannabis is a controlled substance. To prove the crime of Trafficking in Cannabis, the State must prove the following four elements beyond a reasonable doubt: 1. [Name of defendant] knowingly [sold] [purchased] [manufactured] [delivered] [brought into Florida] [possessed] a certain substance. 2. The substance was cannabis. 3. The quantity of the cannabis involved was in excess of 50 pounds. 4. [Name of defendant] knew that the substance was cannabis. NOTE TO JUDGE: If applicable under the facts of the case and pursuant to F.S. 893.135(2), the following bracketedshould be given instead of element 4 language above. For example, if it is alleged that the defendant intended to sell heroin, but actually sold cannabis, the alternate element 4 would be given. [Name of defendant] intended to [sell] [purchase] [manufacture] [deliver] erated controlled substance in F.S. h [bring into Florida] [possess] [an enum [brought into Florida] [possessed] cannabis.] "Sell" means to transfer or deliver somthing to another person in exchange for emoney or something of value or a promise of money or something of value. "Manufacture" means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. To "possess" means to have personal charge of or exercise the right of ownership, management or control over the thing possessed. Possession may be actual or constructive. <<<<<<<<<********>>>>>>>>>>>>> 2 Actual possession means (a) the thing is in the hand of or on the person, or (b) the thing is in a container in the hand of or on the person, or (c) the thing is so close as to be with ready reach and is under the control of the inperson. NOTE TO JUDGE: Give any of the next three paragraphs if applicable. Mere proximity to a thing is not sufient to establish control over that thing ficwhen the thing is not in a place over which the person has control. Constructive possession mis in a place over which the persoeans the thing n has control, or in which the person has concealed it. If a thing is in a place over which the person does not have control, in order to establish constructive possession the State mu prove the persons (1) control over the stthing, (2) knowledge that the thing was within the persons presence, and (3) knowledge of the illicit nature of the thing. Possession may be joint, that is two or more persons may jointly have possession of an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a thing, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of a thing, knowledge of its presence may not be inferred or assumed. The punishment provided by law for the crime of Trafficking in Cannabis is greater depending on the amount of cannabis involved. Therefore, if you find the defendant guilty of Trafficking in Cannabis you must determine by your verdict whether: involved was in excess of 50 pounds but less than 2,000 pounds.] nvolved was 2,000 pounds or more but less than 10,000 pounds.] c. [The quantity of the substance involved was 10,000 pounds or more.]