December 6, 2016

Florida Counties Blocking Medical Marijuana Dispensaries

Florida Medical Marijuana Dispensaries
Florida Counties Blocking
Medical Marijuana Dispensaries

Blocking Medical Marijuana Dispensaries


We expect a Constitutional law fight to prevent Florida locals from trying to ban the establishment of dispensaries. Here is a partial list of Florida counties trying to block the licensing and establishment of Medical Marijuana Dispensaries as of this date:


Manatee County, Florida
Pasco County, Florida
Hillsborough County, Florida
Walton County, Florida
Pinellas County, Florida


Allowing Medical Marijuana Dispensaries


  • Sarasota County, Florida
  • Brevard County, Florida
  • Okaloosa County, Florida 
  • Santa Rosa County, Florida

Preemption Under the Florida Constitution


"Local governments and the Legislature may legislate concurrently in areas unless there is an express state preemption, but an ordinance 'must not conflict with any controlling provision of a statute.'" 



"Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict."

Supremacy Clause Rules in Federal Disputes




"The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law."

November 14, 2016

Cannabis Business Dispensary Investment Alternatives

Florida dispensary
Cannabis Business News
Obviously, our clients are looking to open new dispensaries in Florida after the election this year. However, there are other ways to consider an investment in the Cannabis business.

Alternatives to Cannabis Dispensary Licensing


What are some alternatives to investing in a dispensary?

One such company was discussed by Jim Cramer on CNBC. The company has a focus on seizure disorder medications in a pill form. Here is Kramer's video from 2014. He just mentioned the company again today on his show.


 

November 8, 2016

November 3, 2016

Expert Speaks on Amendment 2

Pinellas County Florida Drug Treatment
Tom Buonomo is a certified drug treatment expert who has reviewed Amendment 2. He notes that the amendment fixed a couple of problems that were in the Amendment the last time around. Tom says, "This years version has some significant revisions which were aimed at eliminating the main reasons for voter disapproval. " Check it out at his Pinellas County Florida Counseling Resource.

Tampa trafficking lawyers and attorneys

Drug trafficking charges are serious matters, federal trafficking charges pose serious challenges to defense attorneys. Federal indictments are generally backed by a detailed investigation by the DHS, FBI, DEA, or Coast Guard. If you are charged with a federal crime, retain a lawyer with experience in federal court.

Tampa trafficking lawyers and attorneys

October 26, 2016

Prescription Drug Busts Rewarded | Tampa | St. Petersburg | Largo

Doctor Shopping
Pinellas County, Florida
Prescription Drug Arrests
A Bay Area narcotics task force has been rewarded for Prescription Drug Busts .The awarded cited the Pinellas County Sheriff’s Office for “curbing prescription drug abuse.” Operation Pill Poppers was an operation that nabbed people for doctor-shopping, obtaining controlled substances by fraud, and conspiracy to traffic in various pain medications.

"narcotics diversion task force has been 
named the Investigative Unit of the Year" 

Prescription Drug Arrests


With no shortage of cute names the PCSO is now running Operation Medicine Cabinet. That operation “collected more than 800 pounds of prescription drugs.” There are now 13 detectives assigned to these types of drug cases. As police continue these operations, more drug addicts will be labeled criminals.

Source: http://www.tampabay.com/news/publicsafety/pinellas-deputies-win-award-in-fight-against-prescription-drug-abuse/1135765

October 25, 2016

Law Office of W.F. "Casey" Ebsary, Jr.

Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220 centrallaw@centrallaw.com

Criminal Defense Drug Crime Attorney Reviews.


"Casey's strong arguments during the 
hearing made all the difference ..."
W.F. ''Casey'' Ebsary, Jr.
4.9 / 5 stars


Casey is a Criminal lawyer and Drug Crimes defense attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in  nearby Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and all types of drug charges  throughout Tampa Bay.

Law Office of W.F. ''Casey'' Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
centrallaw@centrallaw.com

Law Office of W.F. ''Casey'' Ebsary, Jr.
Attorney Lawyer

Casey is a Criminal lawyer and DUI attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and drug charges, including possession of cannabis and prescription drug cases near and throughout Tampa Bay, Florida.

Law Office of W.F. ''Casey'' Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
centrallaw@centrallaw.com

August 28, 2016

Don't Bring a Taser to a Gunfight at a Growhouse

Grow House, Growhouse, Tampa Grow House Defense Lawyer, Taser, #Taser, #AssaultRifle
Don't bring a taser to a Growhouse gunfight -
you will lose in Tampa, Florida.
#Taser, #AssaultRifle #Growhouse

Firearms and Growhouses


What happens when you Bring a Taser to a Gunfight? You lose. Two guys from South Florida planned on breaking into a Tampa grow house using a couple of tasers. The would-be grow house invaders thought they would sneak around to the back and kick in the back door.

Bad move: the occupant(s) were waiting locked and loaded.

After an argument, the occupant(s) of the grow house were armed and returned fire. Apparently, the taser-wielding rascals rented a car in South Florida and drove to the 16000 block of Dew Drop Lane in Tampa. UPDATE: The Tampa Bay Times reports the growhouse address as 16310 Dew Drop Lane, Tampa, Florida 33625.

"The score: Firearm 2 - Taser 0.  Both guys ended up in the  emergency room"

August 12, 2016

Constructive Possession of Drugs in Florida

Constructive Possession
Constructive Possession of Drugs in Florida

What is Actual Possession of Drugs in Florida?


One Florida court, Sasser v. State, 67 So. 3d 1150, 1152 (Fla. 2d DCA 2011) defined Actual Possession of Drugs in Florida as  "[A]ctual possession is shown when contraband is found in the defendant's hand, or his person, or within reach and under the defendant's control." (quoting Bennett v. State, 46 So. 3d 1181, 1183-84 (Fla. 2d DCA 2010)).  

What is Constructive Possession of Drugs in Florida?


To convict on a theory of constructive possession, the State is required to prove beyond a reasonable doubt (1) that the defendant had knowledge of the contraband and (2) that she had the ability to exercise dominion and control over the contraband.  See Knight v. State, 186 So. 3d 1005, 1012 (Fla. 2016); Santiago v. State, 991 So. 2d 439, 441 (Fla. 2d DCA 2008). 

What happens where drugs are found in a room with more than one occupant?