Category: Marijuana

Criminal Defense, Legal Blog, Marijuana

Marijuana Muffin Arrest

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In recent news, two roommates were arrested in Florida after an anonymous tip from Crime Stoppers led police to their apartment. When detectives arrived, they could allegedly smell a strong odor of marijuana emanating from the apartment. Based upon that, the detectives were able to detain the roommates and obtain a search warrant for the apartment. While searching the apartment, the police allegedly found pot muffins, batter, a marijuana plant, and loose marijuana,  in addition to a grinder and marijuana smoking devices (presumably bongs or pipes). The roommates were arrested and charged, among other things, with possession of marijuana under 20 grams violation of Florida Statute 893.13, and possession of drug paraphernalia in violation of Florida Statute 893.145.

As rehashed (no pun intended) in my prior blogs on the issue of marijuana laws in Florida (found HERE and HERE), Florida has NOT legalized recreational marijuana use. Possession of Marijuana and Drug Paraphernalia charges are actively being prosecuted in Palm Beach County and throughout Florida. Even the new Florida Marijuana law called the “Compassionate Medical Cannabis Act,” or “Charlotte’s Web,” (which legalizes medical prescribed cannabis oil for very limited and severe medical issues), does NOT legalize edible cannabis products, such as pot cookies, weed brownies, marijuana muffins, or cannabis candy. Possession of marijuana, regardless of the form, in an amount of 20 grams or less can be charged as misdemeanor, with penalties of up to one year in county jail, fines, and a driver’s license suspension. Possession of drug paraphernalia (including, but not limited to: grinders, scales, and pipes) is also still a misdemeanor, punishable by up to one year in jail.

One last note of importance: the odor of marijuana coming from someone’s doorway is enough evidence for police to obtain a search warrant, as seen in this case. Further, the police are lawfully allowed to detain a person until the search warrant is executed in order to prevent that person from destroying the potential evidence inside the home.

Marijuana charges are serious in Florida, regardless of whether the marijuana was baked in a muffin or was still a plant. Anyone who finds themselves facing marijuana charges should contact a knowledgeable Criminal Defense attorney.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Marijuana

Florida Marijuana Laws

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There has been a lot of confusion in the general public regarding Florida’s marijuana laws in light of the new “Charlotte’s Web” legislation. The State of Florida has recently legalized the very limited use of medical marijuana, which must be prescribed by a doctor and must only be in the form of cannabis oil. Additionally, there is an amendment pending on Florida’s November ballot, Amendment 2, would allow for much broader medical use of marijuana. However, recreational possession and use of marijuana is still illegal in the State of Florida.

As discussed in my prior article, Marijuana in Florida, the new Florida Medical Marijuana law does not authorize the private use or growing of marijuana.  The State of Florida, including the Palm Beach County State Attorney’s Office, is still heavily prosecuting marijuana crimes. Smoking marijuana and possession of marijuana are still considered  first degree misdemeanors in the State of Florida under Florida Statute 893.13 and are punishable by up to 1 year in county jail if the possession was under 20 grams. Further, a conviction for marijuana possession will result in a 1-year driver’s license suspension. Possession of drug paraphernalia is also a first degree misdemeanor in the State of Florida, punishable by up to one year in county jail. That means that possession of water pipes, bongs, roach clips, and other objects used for ingesting or inhaling cannabis, hashish, and hashish oil is illegal. Florida Statute 893.145 provides the full list of unlawful drug paraphernalia.

Marijuana charges are serious, and can have severe consequences in the State of Florida. If you are facing marijuana charges, contact a knowledgeable attorney who can review your case and help guide you through the system.

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Criminal Defense, Legal Blog, Marijuana

Consent to Search – Grow Houses

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In Miami, there was recently an interesting case regarding a marijuana hydroponics grow operation. In the case, the defendant was arrested after police searched his home and discovered a hydroponic marijuana farming business in his garage. Detectives had received an anonymous tip that marijuana was being grown in the defendant’s home. Seven (7) police officers showed up at the defendant’s home early in the morning to search for the grow house. The seven officers were comprised of four detectives, one sergeant, and two uniformed officers, all with marked police cars. They arrived at the defendant’s house to perform what is referred to as a “knock and talk,” which is basically a police tactic used by officers who do not yet have enough evidence to place someone under arrest, and is usually used in drug cases. During a “knock and talk,” the police knock on a suspect’s door and hope that the suspect will answer, start talking, and give the police enough incriminating information to arrest him. During the “knock and talk” in this case, the defendant answered the door, allowed the officers to come into the house, and cooperated with whatever the officers asked of him. The officers testified that they smelled the odor of marijuana as soon as the door was opened. The officers read the defendant Miranda warnings, the defendant signed a consent to search, and the officers then walked around the defendant’s home and ultimately discovered the marijuana grow house in the defendant’s garage. They placed him under arrest for having a hydroponic operation/grow house under Florida Statute 893.135.

After reviewing the basic facts of that case, one might come to believe that the defendant was merely acquiescing to authority. There were seven police officers, presumably all with their full gear and weapons visible, all with marked police cars, knocking on the defendant’s door at the same time asking to search his house. Some might think that is a coercive situation, and that any consent to search must have been involuntary. Many people believe that when a police officer asks them to do something, they have to do it. Imagine if there were seven officers standing there, waiting for the person to agree!  The defendant filed a Motion to Suppress in his case, arguing just that. However, the Third District Court of Appeal in Miami, Florida found that the search of the defendant’s home was lawful and consensual, and ruled that the defendant was not coerced into agreeing to the search.

The court stated that when the police read to the defendant his Miranda warnings, they advised the defendant that he had the right to remain silent, the right to an attorney, and the right to end the encounter with the police at any time. The defendant never ended the encounter or asked for a lawyer. Instead, he cooperated. Further, the court stated that the fact that seven police officers were on scene was not enough to find that the defendant was overpowered and felt compelled to do as he was asked. The court found that it is reasonable for seven officers to investigate a narcotics tip, and because they never made any shows of authority (such as taking out their guns, or handcuffing the defendant), there was no issue.

This case provides an extremely important lesson regarding police encounters. Police officers who are conducting “knock and talks” do so because they do not have enough evidence to arrest. When people open their doors to police officers during knock and talks, they risk giving the officers enough evidence to obtain a warrant without even doing anything further. The odor of marijuana emanating from someone’s doorway is enough for police to go to a judge and get a warrant to come back and search the house. Even if there is no noticeable odor of marijuana, if people consent to the police entering their home and searching, police will do exactly that and continue to search until they find something to arrest.

People do not have to allow officers into their homes. People do not have to consent to searches. Although being confronted by a police officer may be intimidating, people should not simply acquiesce to the officer’s authority and do whatever he says. It is important for everyone to know and understand their rights.

When an officer reads Miranda warnings, he will say the following:

  • You have the right to remain silent when questioned.
  • Anything you say or do can and will be used against you in a court of law.
  • You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.
  • If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.
  • If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
  • Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

A person who is being read those rights should pay attention and invoke them or risk giving the police enough evidence to place them under arrest, or more evidence to strengthen the State Attorney’s case.

Drug charges can have extremely serious consequences, and they are heavily prosecuted in Palm Beach County and throughout Florida. Anyone facing drug charges should contact a knowledgeable attorney to review the case and determine a defense strategy.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.

Legal Blog, Marijuana

Marijuana in Florida

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Florida has become the 22nd state to authorize the use of marijuana for medical purposes. Last spring, the Florida Legislature passed bills to make certain strains of marijuana legal for the purpose of treating patients with severe medical issues, such as seizures, muscle spasms, and cancer. In June of 2014, Florida Governor Rick Scott signed into law Senate Bill 1030, approving certain strains of marijuana for medical use and creating a legal system for producing, dispensing and studying the drug in Florida, as well as Senate Bill 1700, protecting the identities of the user-patients. The new Florida Marijuana law, the Compassionate Medical Cannabis Act, is also referred to as “Charlotte’s Web” after the strain of marijuana it is named for.

As of January 1, 2015, authorized Florida doctors may begin writing prescriptions for authorized strains of marijuana. In order to be permitted under the law, the cultivated marijuana would have to contain less than 0.8 percent THC (tetrahydrocannabinol) and more than 10 percent CBD (cannabidiol). THC is compound in marijuana responsible for producing a “high.” CBD is a compound that treats seizures. The law is extremely strict, and provides that prescribed marijuana must be used as an extract, specifically a cannabis oil taken orally. No edible cannabis products, such as cookies, brownies, or candy, and no marijuana cigarettes are allowed under the law.

The January 1, 2015 deadline for the imposition of these new Florida Marijuana laws is fast approaching. The Charlotte’s Web law provides that the medical marijuana will be sold through dispensaries licensed by the Florida Department of Health. As such, Florida regulators are currently in hearings to discuss the implementation of law, and how and who will be permitted to cultivate and distribute the marijuana. While the draft rule calls for a “lottery” process, in which all nurseries could participate, several commentators have expressed concerns that a lottery may not be the best method to ensure the most qualified nurseries will produce the best product.

In order to be qualified as a nursery to grow marijuana under the new law, the nursery must be certified by the Florida Department of Health as capable of growing 400,000 or more plants and must have operated as a nursery in the state for 30 continuous years. Only 5 nurseries, one in each area of Florida (northwest, northeast, central, southwest, and southeast Florida), will be legally allowed to cultivate marijuana under the law. If a nursery is chosen to cultivate medical marijuana, the nursery must then obtain a license that will cost $150,000, and the grower must also then post a bond of 5 million dollars.

Although still prohibiting recreational use of marijuana in the State of Florida, an amendment pending on Florida’s November ballot, Amendment 2, would allow for much broader medical use of marijuana. Amendment 2 proposes legalizing marijuana for a wide range of conditions, including but not limited to: cancer, glaucoma, HIV/AIDS, hepatitis C, Lou Gehrig’s disease, Crohn’s disease, Parkinson’s disease, multiple sclerosis or other conditions a doctor believes it likely that the benefit of the medical use of marijuana would outweigh the potential health risks. Additionally, the proposed amendment would allow for smoking marijuana, instead of solely permitting the ingestion of a cannabis oil.

The new Florida Medical Marijuana law does not authorize the private use or growing of marijuana. Further, recreational use of marijuana in Florida is still prohibited. This means that private use or possession of Marijuana will still be prosecuted as a violation of Florida Statute 893.13. Trafficking marijuana, cultivating marijuana, or having a hydroponic operation/grow house will still be prosecuted as a violation of Florida Statute 893.135. While possession of under 20 grams of marijuana constitutes a misdemeanor in the state of Florida, punishable by up to 1 year in the county jail, possession of 25 pounds of marijuana, or 300 or more marijuana plants constitutes a first degree felony punishable by up to 30 years in Florida State Prison.

Drug charges are serious, and are heavily prosecuted in the State of Florida. If you are facing marijuana charges, contact a knowledgeable attorney who can review your case and help guide you through the system.

 

Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.