THE STATE OF FLORIDA, APPELLANT,
v.
MANUEL CASTRO, APPELLEE

Fla. 3d DCA | 2003-03-26
No. 3D02-712
Before SCHWARTZ, C.J., and COPE, and WELLS, JJ.
840 So. 2d 1121 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The State appealed a trial court order reducing a trafficking in cannabis charge to simple possession. The court reversed, holding that the weight of cannabis plants (whether processed or growing) can be combined to satisfy the 25-pound threshold for trafficking, and that the number of plants is an alternative, not exclusive, basis for the trafficking charge.


Holding

The trafficking charge can be sustained based on weight alone. The statute permits a trafficking charge when a defendant possesses either more than 25 pounds of cannabis OR 300 or more cannabis plants, and the definition of cannabis includes all parts of the plant whether growing or not, allowing processed and unprocessed cannabis weights to be combined.


Headnotes

[1] Trafficking in cannabis may be charged based on the total weight of processed cannabis and cannabis plants, not solely on the number of plants.

[2] The statutory definition of "cannabis" includes all parts of the plant, whether growing or not, and does not distinguish between processed and unprocessed forms for the p…

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Key Quotes

“Section 893.135, Florida Statutes (2002) provides in part: (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13: (a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as 'trafficking in cannabis'”

Establishes the statutory basis for trafficking charges under the 25-pound weight threshold or 300-plant threshold.

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Facts & Procedural History

Defendant Castro was arrested and charged with one count of possession of cannabis and one count of trafficking in cannabis. The confiscated cannabis …

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Opinion of the Court
WELLS, Judge.

WELLS, Judge.

The State appeals from an order reducing a charge of trafficking in cannabis to a charge of possession of cannabis. We reverse.

Section 893.135, Florida Statutes (2002) provides in part:

(1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
(a) Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis, ” punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Defendant was initially charged with one count of possession of cannabis and one count of trafficking in cannabis. At Defendant’s arraignment, the trial judge expressed the opinion that because the defendant’s arrest was based on possession of fewer than 300 plants, the trafficking charge could not stand even though the weight of the confiscated cannabis plants was admittedly greater than 25 pounds. We disagree.

Section 893.02, Florida Statutes (2002), defines the term cannabis as including “all” parts of any plant whether growing or not: (3) “Cannabis” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.

Reading this provision with section 893.135, it is clear to us that the trial judge erred in concluding that the evidence mandated the reduction of the charge of trafficking to a charge of possession. We find the Fifth District’s observations in Carlson v. State, 27 Fla. L. Weekly D2162, 2002 WL 31202145, — So. 2d — (Fla. 5th DCA 2002), to be directly on point.1 In Carlson, the Fifth District, in considering a similar claim, observed:

We further find that combining the weight of the processed cannabis with the weight of the growing plants in order to reach the prohibited amount was not error. The general definition of cannabis does not require a distinction between processed and unprocessed cannabis. See section 893.02(3), Fla. Stat. Merely because the legislature has since also defined “cannabis plant” does not detract from the general definition of cannabis. The purpose of also making the possession of “300 or more cannabis plants” a trafficking offense is to prohibit dealing in large numbers of plants regardless of their weight. By not changing the general definition of cannabis, it is clear that the legislature did not mean to prohibit a trafficking charge based on the weight of a combination of processed and unprocessed cannabis.

We agree with this analysis. The trial court erred in concluding that reduction in the trafficking charge was necessary. Accordingly, the order under review is reversed and the matter remanded.

. We note that the hearing in the case sub judice occurred in February of 2002 while Carlson was not issued until October 4, 2002.


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Citator

Cited By

  • State v. Velasquez, 879 So. 2d 1259 (Fla. 3d DCA 2004)
    …meet the statute’s requirements for trafficking unless they reach 300 in number. We disagree. The statutory definition of cannabis does not distinguish between processed and unprocessed cannabis. See § 893.02(3), Fla. Stat. (2001); State v. Castro, 840 So. 2d 1121, 1121-22 (Fla. 3d DCA 2003). Therefore, 25 pounds of cannabis is 25 pounds of cannabis, whether it is in processed or unprocessed form.1 Since Velasquez had 30 pounds of cannabis, albeit in unprocessed form, the trial court erred in reducing the tra…
  • State v. Sanchez, 843 So. 2d 358 (Fla. 3d DCA 2003)
    …amount prescribed by section 893.135(l)(a).1 The trial court granted the motion to dismiss, and reduced the trafficking charge to possession of marijuana with intent to sell or deliver. We reverse based upon our recent decision in State v. Castro, 840 So. 2d 1121 (Fla. 3d DCA 2003). In Castro, we agreed with our sister court in Carlson v. State, 27 Fla. L. Weekly D2162, — So. 2d -, 2002 WL 31202145 (Fla. 5th DCA Oct. 4, 2002), that the weight of processed cannabis could be combined with the weight of growing…

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