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 Colorado legalized recreational marijuana, yet no person that I saw was stopped for bringing marijuana through security. Which 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 what is going on at the Denver airport.
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. And the people possessing marijuana were asked to dispose of it. https://www.nytimes.com/2017/04/10/business/flying-with-marijuana-tsa.html . 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. https://www.theguardian.com/us-news/2017/apr/06/marijuana-tsa-airport-flying-rules.
So what does this mean for people who live in Florida? Forgetting about the federal ramifications for moment (which Marijuana is still illegal under Federal law), if person brings Marijuana into the State of Florida they can be charged with a crime. Recreational marijuana is illegal in Florida. Trafficking in marijuana requires 25 pounds, Sale or Delivery does not. A prosecutor could argue that any amount less 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 is better as the amount gets larger.
If you have questions about a marijuana charge in Florida, contact Frost Law for a free consultation.