I was recently pulled over by law enforcement, and during the traffic stop marijuana was found in my vehicle. I wasn’t planning on selling the marijuana and only had it for personal use, so why was I charged with trafficking and not possession?
Under Florida Statute, it is possible to be charged with trafficking without ever selling any marijuana if someone is in possession of a large amount. Florida Statute 893.135 defines trafficking as 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. Trafficking marijuana is a first-degree felony punishable by up to 30 years in prison and fines, with minimum mandatory sentencing guidelines based on the amount of marijuana involved.
If the amount of marijuana involved in over 25 pounds but less than 2,000 pounds, or between 300 and 2,000 marijuana plants there is a minimum mandatory sentence of three years and a $25,000 fine. For amounts between 2,000 and 10,000 pounds, or 2,000 to 10,000 plants, the minimum mandatory sentence is seven years and a $50,000 fine. If the amount involved is over 10,000 pounds or 10,000 plants the mandatory minimum sentence is fifteen years and a $200,000 fine.