Florida Lawyer’s Guide to Marijuana Laws

Marijuana

Floridians will vote this November on Amendment 2, relating to Use of Marijuana for Certain Medical Conditions.  floridamed

Just this past June, Governor Scott signed the Compassionate Medical Cannabis Act into law.

How does the interplay between state and federal drug laws work?

This article (here) from the October 2014 Palm Beach Bar Bulletin will explain the Florida Supreme Court advisory opinion, Florida drug paraphernalia laws, cannabis laws, Controlled Substance Act, Cole Memos, FinCEN guidance, and outside counsel’s letter to the University of Florida regarding marijuana research.

4th Amendment
Yes, Florida Police Check UPS Packages for Drug Shipments

In the recent case of James Johns, III v. State of Florida, the Second District explains the basics of 4th Amendment “Terry stops” while also illuminating the techniques that Florida police use to catch drug shipments sent via UPS (and presumably other carriers). The court sets the scene this way: …

4th Amendment
Your House is Burning — Can the Fire Department Turn You In for Drugs and Guns in the House?

You may have constitutional protections in your house but the exigency of the circumstance gives constitutional permission to the first responders to enter your home.  Once the fire is extinguished, fire fighters are required to conduct an “administrative sweep” to confirm there is no other fire or danger.  During fire fighting or during …

4th Amendment
No Daubert Expert Witness Needed to Identify Marijuana, Rules Florida Court

The Third District Court of Appeal ruled in L.L., a Juvenile v. The State of Florida that a police officer who possessed sufficient personal experience with marijuana could offer a lay opinion — not an expert opinion — identifying the substance as marijuana.  The court held that meeting the five elements …