Can I be charged with drug trafficking in Florida if my passenger is carrying pot?

If you’re driving a vehicle and your passenger has marijuana on them, you may or may not be charged with drug trafficking, depending on the amount of marijuana your passenger posses. Drug trafficking is a very serious charge that often ends in a prison sentence. It’s understandable that an individual would have urgent questions regarding this topic, which are best answered by a Florida criminal defense attorney.

“Trafficking” means transporting illegal drugs with the intent to sell them. 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 also be charged, but whether they’d be convicted would depend on whether the state could prove beyond a reasonable doubt that the driver was aware that their 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 find yourself arrested for trafficking or other charges related to marijuana in a vehicle, contact a criminal 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. Contact us for a consultation today and learn what we can do for you. Call 305-741-6997.