What is the difference between possession and trafficking?
The word trafficking suggests dealing, and that's the misunderstanding worth correcting first. Florida's trafficking statutes are largely weight-driven. A person who never sold anything to anyone can face a trafficking charge because of the amount in their possession.
Simple possession is generally a third-degree felony for most controlled substances, with sentencing discretion available to the court.
Trafficking is a first-degree felony carrying mandatory minimum prison terms that escalate with weight. Mandatory means the court cannot go below them absent a specific statutory basis.
Two things drive these cases as a result. Whether the weight is accurate — and whether packaging, containers, or filler got included in it. And whether the person legally possessed the substance at all, which brings the constructive possession analysis into a case the State is calling trafficking.
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