Category Archives: Drug Crimes
Are Rap Videos Posted To YouTube Admissible As Evidence In A Drug Case?
Social media makes it easy for anyone to produce, distribute, and even monetize their creative talents. Of course, anything that you share with the world via the Internet can also be found by law enforcement. In some cases, “creative” prosecutors might even try and use a defendant’s online videos as evidence against them. But… Read More »
Do Prosecutors Need To Prove I Knew About The Specific Illegal Drugs That I Allegedly Possessed?
There are numerous federal and state laws that prohibit the possession of certain drugs. The federal statute states it is unlawful to “knowingly or intentionally” possess with intent to “manufacture, distribute, or dispense, a controlled substance.” The phrase controlled substance refers to a drug listed in one of five categories (or “schedules”) as having… Read More »
Can The Police Legally Track Your Car Using GPS Devices?
GPS and related technologies have made it much easier to track the location of people and objects at all times. Indeed, Apple recently made a big splash when it released its “Air Tags,” which are small tracking devices a user can attach to their key chain, suitcase, or any other item they want to… Read More »
Can I Ask to Move My Criminal Trial Due to Negative Media Coverage?
Every criminal defendant has the right to a trial by an impartial jury. “Impartial” basically means that the jurors have not already made up their mind about the case before the trial even starts. For this reason, it is important to screen out any potential jurors who may have learned about the case from… Read More »
How the First Step Act Can Help People Serving Life Sentences for Drug Crimes
In 2018, Congress enacted the First Step Act, a series of reforms to the federal criminal justice system. One such reform was to change the mandatory minimum sentences for individuals previously convicted of certain drug offenses. In some cases, this means a person who received a mandatory life sentence can now ask for re-sentencing… Read More »
The Legal Status of Entheogens in Florida
Entheogens are plants or mushrooms used in traditional religious ceremonies to induce a trance state and spiritual visions. Many entheogenic species, and the psychoactive chemical compounds they contain, are categorized as controlled substances, so that the criminal penalties for possessing or distributing them are the same as if the substance had been cocaine, heroin,… Read More »
Synthetic Marijuana Case Involving Split Fault Between Defendant & Manufacturer Goes to Florida Supreme Court
The Florida Supreme Court could soon hear an interesting case that involves criminal charges related to drug and homicide charges, as well as product liability issues, and how they overlap in terms of determining fault in cases where defendants were under the influence of a substance. There is no question that the outcome could… Read More »
Florida House Passes THC Limit for Medical Marijuana, While Veterans & Senate Express Concerns
In spite of the fact that Florida voters broadly legalized medical marijuana via a constitutional amendment in 2016, in March, the Florida House signed off on a plan that would cap the amount of THC in medical marijuana for anyone under the age of 21 via a voice vote, putting in place a 10… Read More »
Congress Takes Steps to Decriminalize Marijuana at Federal Level: What is the Status in Florida?
We’ve previously discussed efforts in Florida to decriminalize the possession of marijuana. While this could someday completely alter state prosecution of marijuana-related crimes, without decriminalization also occurring at the federal level, there is always the threat of federal prosecution for marijuana-related crimes. However, in mid-November, reports announced that a federal congressional committee plans to… Read More »
Florida Moves Towards Decriminalizing Possession of Marijuana, Regardless of Intended Use
Legislation was recently filed in Florida to decriminalize the possession of certain amounts of marijuana. Specifically, the bill would reduce criminal penalties for possessing 20 grams or less and/or products containing 600 mg or less of THC and any juveniles arrested for possessing these amounts would be eligible for a civil citation and diversion… Read More »
Will Florida Finally Decriminalize Recreational Marijuana?
Now that medical marijuana dispensaries are becoming almost commonplace in Florida, a number of people have turned their sights towards constitutional amendments to decriminalize recreational marijuana on the 2020 ballot. Like national trends, the majority of Florida voters have indicated that they would support a ballot measure legalizing (decriminalizing) recreational marijuana. In order to… Read More »
Florida Appellate Court Finds That State’s Restrictions On Medical Marijuana Businesses Are Unconstitutional
On July 9, a Florida appellate court issued a ruling holding that the state’s regulatory system set up for medical marijuana limiting which businesses were allowed to process and sell the substance was unconstitutional and inconsistent with Amendment 2, which passed years ago and legalized medical marijuana. Specifically, first District Court of Appeal held… Read More »
Florida Decriminalizes Needle Exchanges
On June 26, Florida lawmakers and governor Ron DeSantis legalized (decriminalized) the establishment of syringe exchanges throughout the state, which will allow a number of counties to reduce disease and help those otherwise targeted for drug crime charges to get the care that they need. Specifically, syringe exchanges have been listed as helping to… Read More »
All Pending Marijuana Legalization Bills In Florida; Summarized
As attorneys who regularly defend individuals accused of drug crimes here in Florida—including marijuana-related crimes—we regularly receive questions about where Florida is in terms of decriminalizing marijuana. There are currently a number of bills pending in the Florida Senate and House that address the legalization of marijuana; below, we summarize each one. SB 182… Read More »
Florida Finally Legalizes (Decriminalizes) Medical Marijuana
On March 18, Gov. Ron DeSantis overturned Florida’s ban on medical marijuana when he signed legislation overturning it into law. The legislation marks the state finally taking steps to actualize the will of the voters, who approved legalizing medical marijuana three years ago. DeSantis also dismissed the state’s appeal of the lower court’s decision… Read More »
Medical Marijuana May Finally Be Decriminalized In Florida under DeSantis
Although the state of Florida appealed Florida Circuit Judges’ decisions that the Legislature’s ban on medical marijuana smokables was illegal under outgoing Governor Rick Scott, according to reports, incoming Governor Rick DeSantis has indicated that he has no interest in pursuing these appeals, which could effectively result in medical marijuana finally being decriminalized in… Read More »
