If you’re driving a vehicle and your passenger has marijuana on his or her person, you may or may not be charged with drug trafficking, depending on the amount of marijuana your passenger possessed.
Drug trafficking is a very serious charge that often ends in a prison sentence. It’s understandable why someone would have urgent questions for a Florida criminal defense attorney about this topic.
“Trafficking” means transporting illegal drugs with the intent to sell them. In order to be charged with trafficking in Florida, you would need to have 25 pounds of marijuana or 300 plants. It’s more likely that a passenger would have a much smaller amount and be charged with possession.
The driver might be charged, but if they are convicted would depend on whether the state could prove beyond a reasonable doubt that the driver was aware of the fact that the passenger was carrying a controlled substance and that the driver had “actual or constructive” control of the illegal drug.
It’s always best to avoid such situations if possible. If you know that someone is in possession of marijuana, don’t ride with them and don’t give them a ride. If you do find yourself arrested for trafficking or other charges for having marijuana in a vehicle, you should contact a Florida defense attorney immediately.
Contacting a Florida Criminal Defense Attorney
If you’ve been arrested for drug trafficking, possession or other criminal drug charges, contact the law firm of Falk & Ross. Our firm is experienced, knowledgeable and dedicated to fighting for your rights. Call for a consultation today and learn what we can do for you: 1-305-741-6997.