On a recent trip to Denver, I stood in a long line waiting to get through security. I saw person after person put their carry-on through the x-ray machine and then walk through the full body scanner. What came to mind is the fact that the state Colorado had recently legalized recreational marijuana, yet no person that I saw was stopped for bringing marijuana through security. This made me think either people aren’t doing it, TSA doesn’t catch it or TSA doesn’t care. This was just my observation, so that’s when I began to do a little research on the topic.
The New York Times recently wrote an article quoting TSA agent Bruce Anderson who stated that the focus of the TSA is terrorism and security. Furthermore, of the 54 million passengers who went through the Denver airport, only 29 people were stopped for possession of marijuana. Those passengers possessing marijuana were asked to dispose of it. Marijuana is still illegal under Federal Law. Yet, for 24 hours back in April the TSA accidently put on their website that it was fine to bring marijuana in your checked bags.
So, what does this mean for passengers who travel to or from Florida? Forgetting about the federal ramifications for moment, if person brings marijuana into the state of Florida, they can be charged with a drug crime. Recreational marijuana is still illegal in Florida. Additionally, charges of trafficking in marijuana requires 25 pounds of marijuana, while sale or delivery charges do not. A prosecutor could argue that any amount less than 25 pounds being brought into the state of Florida is being done so with the intent to sell or deliver that marijuana. Of course, that argument gains strength as the amount of marijuana found increases.
If you have questions about a marijuana or other drug charges in Florida, contact Frost Law today for a free consultation at (407) 670-5569.
