Science and Florida Prosecutors on Cannabis Prosecution

During the past several years the cannabis issue has been highly politicized. This new policy by the Hillsborough County State attorney's office is based on science. #Refreshing

At least one Tampa, Florida cannabis prosecutor has developed an imminently reasonable and science-based process for determining whether or not cannabis prosecutions will proceed in Hillsborough County, Florida.

"The traditional testimony of officer's training and experience is of no use. These legal products will test positive for THC with the current presumptive test kits in use."

Apparently the roadside, presumptive, field reagent test used by law enforcement cannot accurately detect illegal marijuana. Until such a test is developed, the Tampa Florida based prosecutor will not proceed with many cannabis prosecutions.

During the past several years the cannabis issue has been highly politicized. This new policy by the Hillsborough County State attorney's office is based on science. #Refreshing

"Current field tests are insufficient to establish beyond a reasonable doubt"



MEMORANDUM

TO: All Assistant State Attorneys
Date: September 4, 2019
From: State Attorney Andrew Warren
Re: Prosecution of Marijuana Cases following the enactment of the Hemp law.

Summary:

Effective immediately, our office will not file charges nor prosecute any cannabis case with an offense date on or after July 1, 2019 without a scientifically reliable, admissible test that proves beyond a reasonable doubt that the substance contains a THC level above the 0.3 % threshold that distinguishes illegal cannabis from legal hemp. Among cannabis-related offenses, our office will continue to prioritize felonies: trafficking, manufacturing, delivery, sale, possession with intent, and felony-amount possession cases, while continuing to deprioritize the prosecution of misdemeanor cannabis cases in favor of established diversion and civil citation programs. Also, we will continue to prioritize the prosecution of cannabis-related felonies in which other felonies are part of the same transaction or occurrence, such as felon in possession of a firearm or offenses involving other controlled substances. 

Florida’s new hemp law took effect on July 1, 2019. Since that time, our office has been discussing the prosecutorial impact of the law with elected representatives, other State Attorney’s Offices, and our law enforcement partners. Over the past two months, we have provided guidance consistent with this memorandum within our office while waiting to see what, if any, policy changes our law enforcement partners would make with respect to investigating and arresting cannabis offenses. This memorandum formalizes the guidance ASAs have already been given. 

New Law 

Senate Bill 1020, known as the “Hemp Law,” went into effect on July 1, 2019. This law legalizes the possession and use of hemp. The bill defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, 2 isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis.” See Florida Statute §581.217(3)(d). The new law changes the definition of cannabis such that the term excludes hemp as defined in section 581.217. Cannabis and hemp both come from the same plant, Cannabis sativa L. Cannabis and hemp look, feel and smell the same, and both can be smoked. The main difference between hemp and cannabis is that hemp has a total delta-9 tetrahydrocannabinol (THC) concentration that does not exceed 0.3%. If the THC concentration of the plant is less than or equal to 0.3%, then the plant is hemp, and is legal in Florida. If the THC concentration of the plant exceeds 0.3%, then the plant is cannabis and is illegal in Florida (subject to medicinal exceptions).

Impact on Prosecution 

The Hemp Law will impact prosecutors and law enforcement. Specifically, the new law affects our ability to prove beyond a reasonable doubt that a substance is illegal cannabis as opposed to legal hemp. Given the inability to distinguish between hemp and cannabis visually or through smell, the only current reliable method is quantitative testing. In order to prove beyond a reasonable doubt that a substance is cannabis, we need quantitative testing to establish that the THC level exceeds 0.3% on a dry weight basis. 

Prosecutorial ethics preclude us from charging an offense without a good faith belief that we can prove the offense beyond a reasonable doubt. Accordingly, for any cannabis-related offense occurring on or after July 1, 2019, our office needs a reliable, admissible laboratory test result establishing the suspected substance is illegal cannabis rather than hemp before filing charges. Because, pursuant to Florida Rule of Criminal Procedure 3.191, the speedy trial period starts at the time of arrest, probable cause arrests for cannabis offenses made before law enforcement has obtained a reliable, admissible positive (≥ 0.3% THC) lab test result may jeopardize the successful prosecution of such offenses, absent other circumstances. 

Current field tests are insufficient to establish beyond a reasonable doubt that a substance exceeds the 0.3% THC concentration. Law enforcement agencies locally and statewide are working diligently to develop best practices and procedures to meet this challenge. In the meantime, law enforcement is working with private labs to provide reliable and admissible quantitative testing. A law enforcement agency must submit the suspected substance to a DEAlicensed facility for quantitative testing and ensure that proper chain of custody is preserved. To ensure that the results of any such testing are not excluded by the Court, the particular lab testing methodology utilized must be capable of meeting the Daubert standard. See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. 2d 469 (1993). ACS Laboratory, located in Hillsborough County, is the largest cannabis and hemp testing laboratory in the southeastern United States. ACS Laboratory has advised that it can produce results that will give a quantitative amount of THC in 2-5 business days. More information about ACS Laboratory is available at www.acslabcannabis.com. ASAs should familiarize themselves with the information on the lab practices and procedures necessary to submit evidence of a cannabis offense. 

 The Hemp Law does not affect our current prioritization of cannabis cases. Among cannabis-related offenses, our office will continue to prioritize felonies: trafficking, manufacturing, delivery, sale, possession with intent, and felony-amount possession cases. We will likewise continue to deprioritize the prosecution of misdemeanor cannabis cases in favor of established diversion and civil citation programs. Also, we will continue to prioritize the prosecution of cannabis-related felonies in which other felonies are part of the same transaction or occurrence, such as felon in possession of a firearm or offenses involving other controlled substances. Although we anticipate that law enforcement will direct file charges after obtaining a positive lab result in lieu of making an arrest, whether a defendant is arrested or direct filed will not affect the priority of the prosecution. 

These changes will increase the cost of prosecuting cannabis related offenses. Law enforcement will pay the increased expenses for the necessary quantitative testing prior to our office filing charges. Our office will pay for expert witness testimony to prosecute cannabis cases, subject to the volume of cases and budgetary constraints. 

Impact on Probable Cause Investigations and Admissible Evidence 

As in any prosecution, ASAs must evaluate cannabis cases to ensure the admissibility of evidence. Probable cause to search in cannabis investigations has often been based on odor or plain view from a vehicle or person. As noted above, however, hemp and illegal cannabis look and smell the same. As a result, the Hemp Law creates additional Fourth Amendment challenges related to cannabis-based searches. 

We continue to work with law enforcement to establish best practices to protect people’s Fourth Amendment rights while ensuring successful prosecutions based upon lawful searches and seizures. Under the new Hemp law, the visual observation of suspected cannabis or its odor alone is likely no longer sufficient to establish probable cause to believe a crime is being committed or that evidence of a crime is present. The probable cause standard requires merely a reasonable basis to believe that a crime was committed or that evidence of the crime exists. Accordingly, in most instances, an “odor plus” standard likely demonstrates probable cause to conduct a warrantless cannabis-based search. Many local and statewide law enforcement agencies are adopting this standard. 

Below is a non-exhaustive list of “odor plus” factors. This list provides a starting point for ASAs working through these issues in cases involving warrantless cannabis-based searches. 

1. Information or intelligence regarding illicit activity prior to the stop 
2. Knowledge of the subject’s prior recent criminal history for narcotics violations 
3. Observation of a hand-to-hand transaction prior to the stop 
4. Admission that the substance is illegal cannabis 
5. Conflicting or implausible statements 
6. Nervousness, such as: 
a. Sweating when it is not hot 
b. Shaking or trembling hands 
c. Avoiding eye contact 
7. Furtive movements 
8. Discarding, destroying, or trying to hide a substance 
9. A large amount of currency 
10. Currency in rubber-banded “quick count bundles” 
11. Masking agents such as fabric softener, air fresheners, or coffee grinds 
12. Firearms or other weapons 
13. Drug paraphernalia, such as baggies, pipes, heat sealers, or scales (although legal hemp may be stored in a baggie and smoked in a pipe as well) 
14. Signs of impairment on a driver (such as bloodshot, watery eyes or slurred speech) 

ASAs must assess the documentation of these “odor plus” factors when making evaluations related to charging determinations and admissible evidence. ASAs must always keep in mind that probable cause is assessed under the totality of the circumstances standard, and thus looking for documentation and evidence of circumstances in addition to the sight or odor of cannabis is fundamental to our evaluation of a case. 

Our office will continue to provide guidance as to the latest legal developments related to these Fourth Amendment issues. 

Conclusion 

As these issues work through our court system, we will continue to monitor new court decisions and law enforcement procedures. We intend for this information to help guide your decision-making as you evaluate your cases rather than dictate specific prosecution decisions. Please consult with your supervisors should you have questions or additional thoughts. The recent legal changes make this an evolving area of law, and it is therefore imperative that we continue to communicate effectively to ensure the appropriate and consistent handling of cannabis offenses to advance our mission of public safety, fairness, and justice.

Leon County Cannabis Update September 21, 2019


The traditional testimony of officer's training and experience is of no use. These legal products will test positive for THC with the current presumptive test kits in use.

JACK CAMPBELL
STATE ATTORNEY
301 S. MONROE STREET
TALLAHASSEE, FLORIDA 32399-255o

TELEPHONE: 8506066000

OFFICE OF
STATE ATTORNEY
SECOND JUDICIAL CIRCUIT OF FLORIDA

July 30, 2019

Dear Law Enforcement Partners

I have just returned from our annual Florida Prosecuting Attorney's Summer Conference where our board discussed many significant issues. One of the most pressing is that of Florida's new hemp law and how it impacts other prosecutions. This letter does NOT address medical marijuana. I agree that the issues often interrelate, but for the sake of clarity I only address the hemp issue here.

Both Congress and the Florida Legislature have now passed laws making hemp, CBD, and other derivatives with 3 percent or less of THC, lawful. The specific definition is: "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers thereof, whether growing or not, that has a total delta-9 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis." Florida Statute  581.217 2019.

Previously, I was present at a meeting and demonstration at the Florida Department of Agriculture on July 8, 2019 where a vendor, a Navy Seal, showed a possible presumptive test that would be able to differentiate these items. They stated they were working with AVO labs and the Broward State Attorney's Office to validate the test. I mentioned that the tests were of no use unless they were validated and that we would need expert testimony to be able to establish their scientific reliability in court.

At the conference, I met with the Broward State Attorney's team and am sorry to report that that they were hoping that AVO was going to be able to both validate and provide the expert testimony necessary. However, they have withdrawn after it was discovered they did not have a DEA License allowing them to even possess marijuana, let alone test it. Hence, I would not recommend you invest in those tests. The current status is that we are hoping to get a presumptive test that will work in Florida, but we don't have it yet. We recommend keeping your current presumptive tests though as they will likely be needed even when the new additional presumptive test is retained.

In addition to presumptive or roadside tests, we also will need full testing for trial. The Attorney General's Chief of Staff and General Counsel have explained the FDLE is currently looking at two possible courses to allow quantification testing of samples. Previously, we would need only qualitative testing as all forms of the cannabis plants were illegal. Now, cannabis and its extracts or derivatives are legal if it has THC concentrations below 3 %

The current posture is that no public or private lab in Florida can do this dispositive testing. The Florida Department of Agriculture is unable to do so, and while there are some private labs that may want to get this business, they are not online as of now. The traditional testimony of officer's training and experience is of no use. These legal products will test positive for THC with the current presumptive test kits in use. The drug sniffing K9s that have been trained on marijuana will likely alert to these products, as they are trained to detect any amount of THC. Hemp products look and smell exactly like marijuana products.

Some municipal labs in larger jurisdictions are also trying to invest in technology that will either allow full or partial quantification. If FDLE does so, or your agency is willing to have the samples privately tested, we will consider filing these cases. I would suggest that if you are contemplating using a non-governmental lab to do your testing, please consult with us. The cost of testing may be far less than what it will cost for us to secure the expert testimony necessary to comply with Florida evidence rules. Furthermore, the lab you are using may not be capable of meeting the Daubert predicate, and if so, the evidence will be excluded. Daubert v. Merrell Dow Pharm Inc.. 509 U.S. 579585113 S. Ct. 27862792125 L. Ed. 20469 1993.

My current hope is that the Florida Legislature, Florida Department of Agriculture, and the Florida Department of Law Enforcement will work to resolve this problem. It is clear that cannabis is still illegal, and I intend to enforce the laws as written. While this has created a practical frustration, it does not appear to be insurmountable.

Of greater concerns, are the associated issues we will face due to this status. Much of the search and seizure law hinges on either the officer's or K-9's ability to smell. This seems to now be in significant doubt. I would suggest that your officers and deputies no longer rely purely on their identification of believed cannabis. While it used to allow further detentions and seizures, case law from other jurisdictions suggest it will not be sufficient in the coming months and years.

Finally, perhaps the most egregious oversite is that of juvenile law. At present, there is no additional restriction on children possessing CBD or Hemp. It is my understanding that some shops are now making pre-rolled hemp cigarettes and are selling hemp gummies. The irony that children cannot lawfully possess tobacco but can now have hemp candies and cigarettes is astounding. I again hope that the Florida Legislature will address this problem.

To conclude, this Office will no longer be charging people with possession of cannabis absent a confession to what the substance is or testing by a lab that can meet the evidentiary standards I have laid out. We will also not be approving search warrants or other legal process based on traditional predicates where officers, or their dogs and presumptive tests, feel a substance is cannabis. I know this is a significant change in the law and would caution you in making arrests when these issues are present.

I am confident we can work through these challenges together as we have in the past. We will be lobbying the legislature to fund presumptive testing and final analytical testing, and to regulate possession by minors. Please let me know if you have any questions or concerns.

Your friend,

Jack Campbell
State Attorney

2nd Judicial Circuit

Medical Marijuana, Odor of Cannabis, and Traffic Stops

Is the odor of burnt marijuana probable cause to search a vehicle?


Odor of Cannabis Shenanigans Case - Motion to suppress evidence denied where weed discovered in defendant's vehicle during a traffic stop after law enforcement detected the odor of burnt marijuana. Court calls shenanigans on argument that because the state has medical marijuana, the smell of weed coming from a vehicle no longer provides law enforcement with probable cause to conduct search without warrant. Was reasonable for an officer to conclude that defendant smelling of marijuana, was acting unlawfully says Florida DCA.

Map of Florida Cities With Cannabis Civil Citation Programs

Complete Opinion is here:

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-4325
_____________________________
JORDAN JOHNSON,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Leon County.
Robert E. Long, Judge.
July 9, 2019
PER CURIAM.

Jordan Johnson appeals his conviction for carrying a
concealed weapon. His only argument on appeal is that the trial
court should have granted his motion to suppress. We reject this
argument and affirm.

Officers initiated a 2:00 a.m. traffic stop after noticing a
headlight out on Johnson’s car. Officers then smelled burnt
marijuana, detained Johnson, and searched the car. Inside the car,
they found the gun that led to the charge.

On appeal, Johnson acknowledges “the long line of cases that
hold that the smell of burnt marijuana coming from a vehicle
provides an officer with probable cause to detain the defendant and
conduct a warrantless search.” Init. Br. at 8 (citing State v. T.P.,

2

835 So. 2d 1277 (Fla 4th DCA 2003); State v. Williams, 967 So. 2d
941 (Fla. 1st DCA 2007); State v. Jennings, 968 So. 2d 694 (Fla.
4th DCA 2007)); see also State v. Betz, 815 So. 2d 627, 633 (Fla.
2002) (“As the odor of previously burnt marijuana certainly
warranted a belief that an offense had been committed, this
unquestionably provided the police officers on the scene probable
cause to search the passenger compartment of the respondent’s
vehicle.”). But, he contends, those cases became irrelevant after
Florida authorized medical marijuana. In other words, he argues,
while the officer’s “search based on the odor of marijuana was
constitutional prior to the enactment of [§ 381.986, Fla. Stat.], now
that medical marijuana is legal, it is no longer a sufficient basis for
probable cause.” Init. Br. at 7. He does not argue that he is a
medical-marijuana user; his argument is that the smell alone is no
longer enough since someone might be a medical-marijuana user.

There are several problems with this argument. First, as the
State notes, at the time of the stop, Florida’s medical-marijuana
laws did not authorize smokable marijuana, see § 381.986(1)(j)(2),
Fla. Stat. (2017) (excluding from “medical use” the “use, or
administration of marijuana in a form for smoking”), and the
officers smelled burnt marijuana. Second, Florida law did not
allow use in “a vehicle” other than “for low-THC cannabis.” Id.
§ 381.986(1)(j)(5)(b). Third, although Florida law does not
criminalize all use of medical marijuana, possession of marijuana
remains a crime under federal law. See 21 U.S.C. § 812(c); see also
Gonzales v. Raich, 545 U.S. 1, 27 (2005) (noting that federal
controlled substance act “designates marijuana as contraband for
any purpose; in fact, by characterizing marijuana as a Schedule I
drug, Congress expressly found that the drug has no acceptable
medical uses”). Fourth, even if smoking marijuana were legal
altogether, the officers would have had probable cause based on
the fact that Johnson was operating a car. See § 316.193(1)(a), Fla.
Stat. (criminalizing driving under the influence of drugs).

Finally, even putting all of this aside, the possibility that a
driver might be a medical-marijuana user would not automatically
defeat probable cause. The probable cause standard, after all, is a
“practical and common-sensical standard.” Florida v. Harris, 568
U.S. 237, 244 (2013). It is enough if there is “the kind of ‘fair
probability’ on which ‘reasonable and prudent people, not legal

3

technicians, act.” Id. (some marks omitted). Here, we cannot say
that it would be unreasonable for an officer to conclude there is a
fair probability that someone driving around at 2:00 a.m., smelling
of marijuana, is acting unlawfully. And this is true whether or not
Florida law allows the medical use of marijuana in some
circumstances.

In short, Johnson has not shown that the trial court’s order
denying suppression—an order that comes to us “clothed with a
presumption of correctness,” Terry v. State, 668 So. 2d 954, 958
(Fla.1996)—was wrong.

AFFIRMED.
WETHERELL, WINOKUR, and M.K. THOMAS, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Andy Thomas, Public Defender, and Megan Long, Assistant Public
Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Damaris E. Reynolds and
Jennifer J. Moore, Assistant Attorneys General, Tallahassee, for
Appellee.

Grow House Video of the Day - Underground Growhouse

Florida Grow House Defense Attorney presents this rather unusual underground growhouse. We recall there was an underground grow house bust in Tampa, Florida, but this video is from Levy County, Florida near Gainesville, Florida.



Grow House Busted? Call a Board Certified Criminal Defense Expert Toll Free 1-877-793-9290 .



Video From Inside a Legal Florida Medical Marijuana Growhouse

Florida Medical Marijuana Growhouse Video


Video From Inside a Legal Florida Medical Marijuana Growhouse





Video From Inside a Legal Florida Medical Marijuana Growhouse



We have just obtained Video From Inside a Legal Florida Medical Marijuana Growhouse near Tallahassee, Florida.

Map of Medical Marijuana Dispensary in Tampa, Florida



We have also uncovered the location of one of Florida'a first retail locations for dispensing Medical marijuana. They will dispense Calming CBD Oil with natural almond and mint extracts, Calming CBD Spray with natural Florida orange extract, and Calming Topical Lotion with natural lavender & eucalyptus extract. It is operated by Surterra. The video above was shot at a Surterra growhouse. Here is the location of the Surterra Wellness Center homeopathic pharmacy we found at  2558 E Fowler Ave, Tampa, FL 33612.








Surterra Wellness Center
2558 E Fowler Ave, Tampa, FL 33612



Source: https://www.tallahassee.com/story/news/2016/12/21/state-awards-another-marijuana-license/95710386/


Previous Growhouse Videos

Here are links to our previous growhouse videos. Here is a page that has more maps and videos of marijuana growing operations.


Growhouse Busted in Winter Haven, Florida - Video From the Inside

www.drug2go.com/2016/06/growhouse-busted-in-winter-haven-florida.html

 Rating: 5 - ‎Review by Google+ User
Here is some video from inside the otherwise unremarkable suburban home, a map of 124 Elliott Ln, Winter Haven, FL 33884 and here is the ...

Grow House Video of the Day - Underground Growhouse

www.drug2go.com/2011/02/grow-house-video-of-day-underground.html

 Rating: 5 - ‎Review by Google+ User
Feb 22, 2011 - We recall there was an underground grow house bust in Tampa, Florida, but this video is from Levy County, Florida near Gainesville, Florida.

Typical Drug Bust Story

 Drug Crimes Possession and Distribution Drugs / Marijuana in State or Federal Court

Drug Crimes Possession and Distribution Drugs / Marijuana in State or Federal Court

Stories of Typical Drug Busts


Frequently, we see drug busts for drug crimes when police conduct a simple traffic stop. Sometimes narcotics squads obtain a search warrant based upon someone tattling to the police. Sometimes they are using a confidential informant. However it happens the results are terrifyingly similar. A suspect is nabbed and taken to jail. Their photo is posted all over the internet and tons of junk mail arrives claiming an attorney can help. If a vehicle or real estate was involved, the county may seek forfeiture of the property. That must be addressed immediately, as the property can be taken, even though you have not been convicted!

"Sometimes we find misconduct by the police, their
informants, or the technicians at the drug crime lab"

Within a month or so there will be a court appearance required. Florida has open court rooms. The media or an employer or friends may learn about the case. A discrete defense is needed early. Florida is unique in that although there has been an arrest, an Assistant State Attorney reviews each case before the actual charges are filed. Here is where an early intervention be your cannabis lawyer / representative can help. Prosecutors often do not know all the facts and circumstances surrounding an arrest. Your lawyer can reach out to them and explain the situation in a way that will be far more favorable than the cold reading of a report written by the police who want to see the suspect end up with a criminal record for possession of cannabis.

If formal charges are filed anyway, a competent drug defense attorney will file a notice to the court and the prosecutor that the suspect is represented. Our office files a three page request demanding all witness identities, police reports, laboratory tests, video recordings, and audio recordings. we will send those reports to the client and carefully review them for signs of a defense. Sometimes we find misconduct by the police, their informants, or the technicians at the drug crime lab.

No Prior Drug Charges?


Many people have no prior record or are busted for small quantities. In those cases we can convince the State Attorney to consider dismissal of the charges. We take an active approach to show that those under arrest for drug charges are not always the criminal that police have suggested they are.
W.F. ''Casey'' Ebsary often helps those charged with Drug Crimes including possession and distribution of drugs in both State and Federal Court. Casey has also defended importation and international conspiracy charges involving literally tons of cocaine smuggled in an unmanned submarine, that case concluded at the United States Supreme Court. As a former drug crime prosecutor in Tampa, Florida, I have experience from both sides of the courtroom.




Casey knows the tactics and training of the police and prosecutors. He was also a prosecutor in the then newly-formed Drug Court System. Casey knows how to help in Motions to Suppress illegally-obtained evidence, in jury trials of these types of charges, and if appropriate can help avoid conviction through diversion programs like the Drug Court.

Marijuana Cannabis Attorney | NORML Legal Committee
Marijuana Attorney | NORML Legal Committee




 We Can Help with Drug Crimes



Your arrest and prosecution for possession of marijuana is serious. You need a Tampa Criminal Defense Attorney experienced in defending cannabis cases, contact WF Ebsary, Jr at 1-877-793-9290 today for FREE to discuss fighting your marijuana charges throughout the greater Tampa Bay area including Hillsborough County, Pasco County, Pinellas County, Florida. A marijuana conviction (or any drug offense) can result in an immediate two (2) year suspension of your driver's license. Even when the crime was not driving related.

When drug charges are made in State or Federal Courts, we can provide a solution. Call us today at 1-877-793-9290 for a free initial consultation. If it is more convenient for you, we respond quickly to your call for help via our Call For Help web submission. They are sent to us wirelessly. We are constantly checking and responding, and will quickly get back to you via telephone or email. Drug charges can be disastrous to have on your record. 

A drug crimes defense lawyer in Hillsborough County, Florida and Board Certified Criminal Trial Attorney in Florida can defend you against drug charges. Casey is experienced and available to defend against these charges: Marijuana, cocaine, prescription, and other drug charges that can be dropped. Tampa Bay area drug defense lawyer W. F. ''Casey'' Ebsary has experience and training as both a Hillsborough Drug Crimes Assistant State Attorney, who is now on the defense side helping people navigate treacherous waters when drug charges are at hand.

More Information on Marijuana and Cannabis Drug Crimes in Florida


 

Marijuana - Drug Attorney Tampa Lawyer on Call 24/7/365 ...

www.drug2go.com/p/marijuana-defense.html

In Florida, Marijuana charges can be a disastrous charge to have on your record. A Board Certified Criminal Trial Lawyer in Hillsborough Tampa Florida , can be ...

 

Having a Couple of Marijuana plants in your Florida backyard ...

www.drug2go.com/2015/05/marijuana-grow-backyard.html

Marijuana Grow Conviction Overturned - Knock and Talk. Motion To Suppress ... defendant's actions in answering questions and producing bag of marijuana for officers were not voluntary.

 

Free Florida Drug Crimes Information Search

Search Casey's Database

Help is available for oxycodone, morphine, methadone, amphetamines, hydrocodone, xanax, and other types of prescription medication problems

Tampa Cannabis Decriminalized - Complete Text of Tampa Cannabis Ordinance

"Many of the citations issued are on or near major highways, 
leading us to believe they may be associated 
with traffic stops and searches."

UPDATE May 1, 2016

Decriminalization of Cannabis in Tampa has generated some data on where the citations are being issued. We just obtained a map showing the locations of the first batch of citations issued in the new City of Tampa Marijuana Citation law. Many of the citations issued are on or near major highways, leading us to believe they may be associated with traffic stops and searches. The information about each detention for alleged marijuana ordinance violations can be found by clicking on the red pins on the cannabis ordinance violation map.

MAP: Civil citations for marijuana-related violations





Map of Tampa Marijuana / Cannabis Citations Issued

"arrests and prosecutions for cannabis will continue"

The City of Tampa Florida, has just passed an ordinance decriminalizing possession of cannabis (less than 20 grams). Hash oil and derivatives are still felonies. The complete text of the new cannabis ordinance is below. The short version: Fines; For a first offense $75.00; For a second offense $150.00; For a third offense $300.00; For a fourth or subsequent offense $450.00.

UPDATE April 8, 2016

Tampa Bay area law enforcement and the Hillsborough County State Attorney's Office have notified at least one media source that arrests and prosecutions for cannabis will continue for those arrested by anyone other than the Tampa Police Department. So, for example a fan arrested at Tampa Stadium by a Hillsborough County Sheriff or a Florida Highway Patrol State Trooper will still be prosecuted, even though the stadium is inside the Tampa City Limits. Beyond that, cops still have the power to forfeit a vehicle used during the commission of cannabis offenses.

UPDATE April 1, 2016

Today the new law takes effect. But, Tampa Police Department Attorney Kirby Rainsberger says that civil citations will be issued ONLY when the suspect is not a minor; there are no other criminal charges; suspect can be released on own recognizance; and the suspect has no unpaid fines. Check out The Tampa Tribune Marijuana story here. The Mayor of Tampa's comments and a History of the Marijuana Ordinance is here.

 "doesn't make us any less anti-drug, but it's a realization 
that the penalties that have been imposed have done 
more damage to the trajectories of young peoples' 
lives than the offenses have warranted."

Mayor Bob Buckhorn

Why Didn't Tampa Repeal Its Marijuana Forfeiture Law?


Tampa did not change its forfeiture ordinance, so expect police to be financially motivated to continue misdemeanor marijuana busts. The City council did not repeal Tampa City Ordinance 14-30. The Tampa law provides that it is a violation of this section and a motor vehicle shall be subject to impoundment whenever the vehicle was used, intended, or attempted to be used to facilitate the commission or attempted commission of any misdemeanor violation of F.S. Ch. 893 (Florida's Drug Law). See Video at the bottom of this article.

Tampa Remains the King of Marijuana Forfeitures


One media source has reported "No law enforcement agency in West/Central Florida seizes more vehicles under Florida's Contraband Forfeiture Act than the Tampa Police Department. And half of the 1,500 vehicles it seizes annually are either kept for agency use or turned into cash, either through settlements with the original owner or through sale at auction." The source reported "Tampa city ordinance 14-30 sets a flat $500 fee to get a vehicle back after a misdemeanor arrest, regardless of what happens to the charges. The city reports collecting the fee more than 500 times last year."

Tampa Cannabis Decriminalized, Tampa Cannabis Ordinance
Tampa Cannabis Decriminalized
Complete Text of Tampa Cannabis Ordinance


ORDINANCE NO. 2016-__

AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, CREATING TAMPA CODE SECTION 14-62 MAKING POSSESSION OF TWENTY GRAMS OR LESS OF CANNABIS UNLAWFUL, MAKING POSSESSION OF DRUG PARAPHERNALIA AS DEFINED HEREIN UNLAWFUL, PROVIDING FOR CIVIL PENALTIES, AMENDING TAMPA CODE SECTION 23.5-5 TO SPECIFY THE AMOUNT OF CIVIL FINE FOR VIOLATION, AND PROVIDING AN EFFECTIVE DATE. 

WHEREAS, Florida Statute Subsection 893.13(6)(b) provides that the possession of twenty (20) grams or less of cannabis (marijuana), intended only for consumption of the possessor, is a misdemeanor criminal offense; and

WHEREAS. Florida Statute Subsection 893.147(1) provides that the possession of
drug paraphernalia as defined in Florida Statute Section 893.145 is a misdemeanor criminal offense; and

WHEREAS, the Tampa City Council finds that particularly where the citizen's only
known offense at the time of arrest is possession for personal use of a small amount of cannabis, or paraphernalia for administration thereof, criminal penalties and potentially lifelong criminal record are disproportionate to the severity of the offense; and

WHEREAS, the Tampa City Council finds that established civil penalties and
procedures are more commensurate with the offense of possession of twenty grams or less of cannabis or paraphernalia when that is the only chargeable offense.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA:

Section 1. That Tampa Code Section 14-62 is hereby created to read in its entirety as follows:


Sec. 14-62. Possession of cannabis or paraphernalia.


(a) Definitions.

(1)  Cannabis means all parts of any plant of the genus Cannabis, whether growing or not and the seeds thereof. The tern does not include the resin or oil extracted from any part of the plant or "'low-THC cannabis" as defined in Florida Statute § 381.986 if manufactured, possessed. sold, purchased, delivered, distributed, and dispensed in conformance with § 381.986.

(2)  Paraphernalia means any object used, intended for use, or designed for use, in ingesting, inhaling, smoking, or otherwise introducing cannabis into the human body.

(b)  Any person who possesses twenty (20) grams or less of cannabis as defined herein except as otherwise authorized by law commits a violation of this subsection.

(c)  Any person who possesses paraphernalia as defined herein except as otherwise authorized by law commits a violation of this subsection.

(d)  A person charged with possession of cannabis under subsection (b) may not be charged with possession of paraphernalia under subsection (e) arising out of the same incident.

(e)  Penalties and Procedure


(1)  The provisions of Tampa Code Chapter 23.5 shall apply to all violations charged pursuant to this section.

(2)  Violation of this section is deemed to be an irreparable or irreversible violation punishable by civil penalty as a Class I offense.

(3)  If the applicable civil penalty is not paid within 30 days from the citation date, in addition to the procedure provided in Tampa Code Chapter 23.5 in the event of such nonpayment, the defendant will no longer be eligible for the alternative enforcement procedures provided by this section.

Section 2. That Tampa Code subsection 23.5-4(e) is hereby amended as follows:

(f)  After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original and one (1) copy of the citation with the  City Attorney's Office. If the citation is not paid within thirty (30) days of the date of issuance. the City Attorney's Office shall forward the original and one (1) copy of the citation to the county court.

Section 3. That Tampa Code Subsection 23.5-5(a) is hereby amended by adding the underlined part as follows:

Sec. 23.5-5 Schedule of violations and penalties.



(a)  Violations of the following sections of the Tampa City Code are considered Class I violations and will carry a fine of:

For a first offense $75.00
For a second offense $150.00
For a third offense $300.00
For a  fourth or subsequent offense $450.00


Sources:

Tampa, Florida Marijuana Cannabis Ordinance
https://atg.tampagov.net/sirepub/meetresults.aspx?meettype=Council%20Regular&cscRedirectID=497
http://legacy.wtsp.com/story/news/investigations/2014/11/25/policing-for-profit-tampa-police-seizures/70096900/
http://www.tampagov.net/sites/default/files/planning/files/supp_81/supp_81_ch14_9_10_13.pdfbr /> http://www.tampagov.net/

Tampa Police Easy on #Cannabis at #Gasparilla?

Are Tampa Police Easy on #Cannabis at #Gasparilla?

2019 Drug Crimes Arrests

ZERO



Felony Arrests

1 Domestic Battery
2 Battery on a law enforcement officer
2 Criminal mischief

Misdemeanor Arrests

1 Obstruct Oppose w/o Violence
2 Minor Possession Alcohol
3 Disorderly Conduct

Video - Tampa Police and Cannabis Arrests




What are Tampa Police Doing About Marijuana Possession?


I'm driving down Bayshore Boulevard scene of the largest party in the State of Florida, the Gasparilla pirate fest. There were hundreds, if not thousands, of police out here and there wasn't a single arrest for cannabis; or for that matter for any drug crime.

So answer the question, "What are Tampa police doing about marijuana and arresting for marijuana?" I would say this year's festival would establish that they are doing nothing about marijuana criminally.

But, there is a civil citation program where they can issue a ticket for possession of marijuana. For more details:

https://go2attorney.com/2019/01/17/staying-safe-and-festive-at-gasparilla-arrest-criminal-defense/

Drug Crimes Defense - Tampa Board Certified - 813-222-2220

Drug Crimes Lawyer Tampa

Drug Crimes Lawyer Tampa



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