The Ohio State Highway Patrol recently seized $1 million worth of marijuana from a Denver, Colorado man driving on an Ohio turnpike. The officers pulled over the GMC Yukon for a lane violation. While stopped, a K-9 drug-sniffing dog alerted the officers to the potential for drugs.
Inside the Yukon the police found 188 pounds of BC Bud marijuana. Generally grown in British Columbia, Canada, the strain of pot is known for its potency. The Colorado man was charged with felony marijuana possession and trafficking, and could face up to 16 years in jail.
Stiff Penalties for the Sale or Possession of Marijuana
Almost 100,000 people were arrested in 2009 for marijuana possession or trafficking, the most recent year data is available. The Drug Enforcement Agency reported seizing 666,120 kilograms of marijuana nationally the same year, the largest amount ever recorded.
The sentencing for those convicted varies depending on the amount of marijuana in the possession of the accused and the state in which the arrest occurred. However, federal minimum sentencing for drug trafficking is incredibly harsh, as even first-time marijuana sellers with 100 plants or more can get up to 40 years in prison and a $2 million dollar fine.
State penalties are often modeled after federal law. In Colorado, where it is legal to smoke pot for some sick and dying patients, possession of one to eight ounces of marijuana is a misdemeanor. The maximum sentence for a marijuana possession misdemeanor is 18 months in jail and a $5,000 fine.
However, selling marijuana in any amount is a felony in Colorado, unless it is sold by a licensed facility to patients prescribed THC for medical reasons. The sale or transfer of 100 pounds or more of marijuana gets you up to 24 years in jail and $1 million in fines.
Police Must Have Reasonable Suspicion for Traffic Stops
Before pulling someone over, police must have a reasonable suspicion the driver is doing, or about to do, something illegal. Once pulled over, police have limited rights in searching the car without violating your constitutional rights. In Colorado, an officer may walk a drug-sniffing dog around the car to determine if there is any contraband in the vehicle, only if it is reasonable under the circumstances.
Those accused of possession or trafficking in marijuana should immediately find a criminal defense attorney to further explain your rights.
