Articles Posted in Uncategorized

Trafficking in Cannabis over 25 pounds is a First Degree Felony punishable by at least three (3) years in the Florida State Prison. This offense is also charged in growhouse cases when there are more that three-hundred (300) plants seized by law enforcement. Forfeiture of assets is a frequent flyer by law enforcement in these…

A Hillsborough County business has challenged the issuance of medical marijuana nursery licenses in Florida. Plants of Ruskin claims it “provided sufficient information in its Application demonstrating entitlement to the requested license pursuant to Chapter 64, FAC.” The grower claims “arbitrary scoring of applications” was the cause of its demise. The grower claims that if…

With a possible legalization of medical marijuana on deck in Florida, many are wondering how can a lawyer advise using the drug or operating a marijuana dispensary without running afoul of the Bar? Now we know the Florida Bar’s position. “Yes [counsel can advise], according to the Bar Board of Governors, which adopted a policy…

The Florida Supreme Court has given the go-ahead for the Medical Marijuana issue to be placed on the ballot in 2016. The opinion concluded: “We therefore approve the proposed amendment and Financial Impact Statement for placement on the ballot.” Who will be eligible for Medical Marijuana? Those who have a ““Debilitating Medical Condition” [that] means…

The Florida Supreme Court just decided a case where a bail bondsman entered a home, then searched behind a locked door. Inside the room, which we will call a “grow room”, they found a growing operation. The one-room operation was cultivating – call it: cannabis, hemp, sinsemilla; pot, dope, grass, weed, Mary Jane, bud, bhang,…

What Does the Supreme Court say about Threats of a Drug Dog Search? Traffic cops and sometimes other law enforcement try to scare citizens by threatening to call in a dog, if they do not consent to a search. Sometimes a defense to drug crimes and seizures of property can be based upon continued detention…

How accurate must a drug sniffing dog be? Courts have frequently addressed drug dogs and drug dog training to evaluate whether the indication of drugs during a walk-around is sufficient to justify a complete search. One court ruled that even though 46 percent of the time, the dog was wrong, that poses no problem to…

A defendant was approached at his residence by two uniformed officers in marked police cruisers and told that the cops needed to talk to defendant about suspicious activity involving drug dealing. Appeals court ruled that the defendant’s actions in answering questions and producing bag of marijuana for officers were not voluntary. The Court found that…

Marijuana for terminally ill in Florida? Currently cannabis is illegal in Florida, except for extremely limited circumstances. There is a bill pending in Florida that will allow cannabis to be an “investigational drug” for use by terminally ill patients. The bill provides, “eligible patients or their legal representatives to purchase and possess cannabis for medical…

First Fab Five Chosen Florida marijuana growers took a big step – The State of Florida has announced the first five legal growers. They are established to cover five regions in the state. The closest growhouse to Tampa will be Knox Nursery in lovely Winter Garden where they have an “[e]xpansive selection of flowers, vegetables,…