Trafficking drugs in today’s complex legal landscape rquires an understanding the nuances of the law. My focus is on providing insightful analysis and understanding of legal matters, particularly those involving controlled substances and evolving legal definitions. The recent case of Pryce M. Campbell v. State of Florida (No. 2D2023-0651), where the distinction between legal hemp and illegal cannabis played a pivotal role, exemplifies the intricacies of these issues. Whether you are navigating similar challenges or simply seeking clarity on legal proceedings, you’ll find valuable information and perspectives here. Connect with me for further inquiries. I have included the complete court ruling at the bottom of this page.
Are you facing charges for felony possession of cannabis in Hillsborough County, Florida? The legal landscape surrounding cannabis is constantly evolving, and a conviction can have severe consequences. If you’re seeking experienced legal representation, W.F. “Casey” Ebsary Jr. is here to help. With decades of experience in the Florida legal system, I am dedicated to providing aggressive and effective defense strategies tailored to your specific situation. Contact me today at 813-222-2220 for a consultation.
Trafficking Drugs at Tampa International Airport?
Why was Campbell arrested?
Campbell was arrested because police found two large duffle bags in his possession at Tampa International Airport that contained fifty vacuum-sealed bundles of a green, leafy substance. They suspected this substance to be cannabis, and after obtaining a warrant, seized the bags. Subsequent testing of one sample from these bundles confirmed it contained cannabis, leading to his arrest and charges for trafficking in cannabis.
The Facts
The Case of Pryce M. Campbell: A Detailed Summary Introduction
Pryce M. Campbell was arrested and charged with trafficking in cannabis between twenty-five and two thousand pounds. His case, Pryce M. Campbell v. State of Florida (No. 2D2023-0651), was appealed, and the District Court of Appeal of Florida, Second District, ultimately reversed his trafficking conviction. The central issue revolved around the sufficiency of evidence presented by the State of Florida to prove the quantity of cannabis involved, especially in light of the legalization of hemp.
Events at Tampa International Airport
On July 13, 2022, Tampa International Airport Police Department was conducting narcotics interdiction and monitoring United Flight 314, which arrived from Denver, Colorado. A drug interdiction team, including three detectives and a K-9 unit, was present. After the flight arrived, the K-9 unit performed a “run” on three trailers of luggage. The K-9 “alerted” to two identical large, soft-sided duffle bags. These bags were then placed on the baggage claim conveyor belt. Detectives observed Pryce Campbell claim the two duffle bags. He was stopped by detectives before he could exit the airport and identified himself as the owner of the bags. Campbell was initially allowed to leave, but the detectives seized his two bags and obtained a warrant to search them.
Discovery and Testing of the Contents
The following day, after obtaining a warrant, the detectives searched the duffle bags. Inside, they found two large vacuum-sealed packages, each containing twenty-five smaller, identically packaged vacuum-sealed bundles of a green, leafy substance. Each of the larger vacuum-sealed packages weighed 32.57 pounds. Due to suspicion that the substance was cannabis, a sample was taken from two of the smaller bundles, one from each duffle bag, and sent to the Florida Department of Law Enforcement (FDLE) lab for testing. Importantly, a sample was not taken from each of the fifty individual bundles. The lab analyst ultimately tested only one of the samples, which weighed 24.47 grams plus or minus 0.15 grams, and concluded that the substance contained cannabis.
Arrest and Charges
Following the positive lab test for cannabis in the single sample, Campbell was called back to the airport and arrested. He was charged with one count of trafficking in cannabis in an amount exceeding twenty-five but less than two thousand pounds. At trial, Campbell testified that he believed the bags contained hemp, which he had purchased in Oregon. He claimed to have bought fifty bundles of hemp for $50 each, stating that purchasing marijuana would have been significantly more expensive.
Legal Arguments and Court Decision
Campbell’s defense focused on the argument that the State failed to prove the requisite amount of illegal cannabis for trafficking because only one of the fifty packages was chemically verified as cannabis. He pointed to the changes in Florida and federal law that legalized hemp, arguing that law enforcement was required to chemically test every individually wrapped package to establish the statutory threshold weight for trafficking in a controlled substance.
The court agreed with Campbell’s argument.The court noted that until July 2019, cannabis was defined to cannabis with a delta-9-tetrahydrocannabinol (THC) concentration below 0.3 percent—was removed from the definition of marijuana and legalized. The court emphasized that legal hemp and illegal cannabis are indistinguishable by appearance, texture, and odor.
Therefore, chemical testing to determine the THC content is now necessary to avoid misidentification.Because only one bundle from Campbell’s bags was chemically verified as illegal cannabis, and an inference of illegal cannabis could not be extended to the remaining untested bundles, the State did not establish beyond a reasonable doubt that each of the remaining bundles contained illegal cannabis. As a result, the court concluded that the trial court erred in denying Campbell’s motion for judgment of acquittal for trafficking in cannabis.
Outcome and Remand
The court reversed Campbell’s conviction for trafficking in cannabis. However, the court found that the State did establish that Campbell was in possession of illegal cannabis weighing less than twenty-five pounds, based on the 24.47-gram sample from one bundle that tested positive for cannabis. Therefore, the case was remanded to the trial court with directions to reduce Campbell’s conviction to felony possession of cannabis and to resentence him accordingly.
Implications of the Tampa Airport Drug Trafficking Case
This case highlights the importance of precise identification and measurement in drug trafficking cases, especially when legal and illegal variants of the same plant exist. It underscores the burden of proof on the State to establish that each package contains illegal cannabis in order to meet the statutory weight threshold for trafficking. Furthermore, it demonstrates how changes in legislation, such as the legalization of hemp, can significantly impact legal proceedings and evidentiary requirements.
10 Q&A based on the Airport Bust
Pryce Campbell was initially charged with trafficking in cannabis in an amount exceeding twenty-five but less than two thousand pounds. This charge stemmed from the discovery of two large duffle bags in his possession at Tampa International Airport containing numerous vacuum-sealed bundles of a green, leafy substance. The State believed this substance to be cannabis, leading to his arrest and subsequent charges.
The police seized Campbell’s luggage after a K-9 unit alerted to two identical large, soft-sided duffle bags he claimed at baggage claim, indicating the presence of illicit substances. Though Campbell was initially allowed to leave, the detectives seized his bags and obtained a warrant to search them due to the suspicion of narcotics trafficking. This action was part of a narcotics interdiction operation monitoring flights from Denver, Colorado.
The central issue in Campbell’s appeal was whether the State of Florida provided sufficient evidence to prove the quantity of illegal cannabis necessary for a trafficking conviction. Specifically, the question revolved around whether the State needed to test every individual bundle of the green, leafy substance or if testing just a sample was adequate. Campbell argued that the legalization of hemp required testing each bundle to distinguish it from illegal cannabis.
The legalization of hemp significantly impacted Campbell’s case because it created a legal substance that is indistinguishable from illegal cannabis by sight, smell, or texture. This meant that law enforcement could no longer rely on these characteristics to identify the substance as illegal cannabis without chemical testing. As a result, the court ruled that each bundle needed to be tested to determine its THC content and legality.
At trial, Campbell testified that he believed the bags contained hemp, which he had purchased in Oregon, not illegal cannabis. He claimed to have bought fifty bundles of hemp for $50 each, asserting that purchasing marijuana would have been significantly more expensive. Campbell’s defense hinged on the idea that he was transporting legal hemp, not illegal cannabis, and that the State had failed to prove otherwise.
The FDLE lab tested only one of the samples from the fifty bundles found in Campbell’s luggage, and that single sample tested positive for cannabis. The lab analyst concluded that the tested sample, which weighed 24.47 grams, contained cannabis, but no other samples were tested. This limited testing became a critical point in Campbell’s appeal.
The court ruled in favor of Campbell, reversing his conviction for trafficking in cannabis, stating that the State failed to prove the requisite amount of illegal cannabis for trafficking. The court found that since only one bundle was tested and identified as cannabis, the State did not establish beyond a reasonable doubt that each of the remaining bundles was also illegal cannabis. As a result, the trial court erred in denying Campbell’s motion for judgment of acquittal.
While Campbell’s trafficking conviction was reversed, the court found that the State did establish he was in possession of illegal cannabis based on the one tested sample. Therefore, the case was remanded to the trial court with directions to reduce Campbell’s conviction to felony possession of cannabis and to resentence him accordingly. This meant Campbell was still guilty of possessing cannabis, but not of trafficking it.
The “Greenwade” exception, which previously allowed for non-chemical identification of marijuana, was no longer applicable because it relied on the assumption that any green, leafy substance with the characteristics of cannabis was illegal. With the legalization of hemp, which is indistinguishable from illegal cannabis, there was an “identifiable danger of misidentification,” thus requiring chemical testing to differentiate between legal and illegal substances. This change in the law invalidated the previous exception.
The court’s decision emphasized the State’s burden of proof in trafficking cases, particularly when legal and illegal variants of a substance exist. The ruling clarified that the State must establish that each package contains illegal cannabis to meet the statutory weight threshold for trafficking. By requiring chemical testing of each bundle, the court protected the defendant’s presumption of innocence and ensured that the State could not rely solely on appearance and odor to infer illegality.
Based on the case, hemp is legal in Florida. It states that the Florida Legislature enacted the “State hemp program” in July 2019, making the possession of hemp legal. It also clarifies that hemp is defined as cannabis with a delta-9-tetrahydrocannabinol (THC) concentration below 0.3 percent.
Given the complexities and evolving nature of drug laws, as seen in the Pryce M. Campbell v. State of Florida case, it’s clear that understanding the nuances of legal definitions and evidentiary standards is essential. Navigating these challenges requires informed guidance and a deep understanding of current legislation.
If you or someone you know is facing similar legal issues related to controlled substances, or if you simply need clarification on the latest legal developments, don’t hesitate to seek expert advice. Contact W.F. Casey Ebsary, Jr. today for a consultation and ensure you have the knowledge and representation you deserve.\