Mother of a 4-Year Old File Challenge to Florida Dept of Health’s Medical Marijuana Rule


Nine days after the Florida Department of Health’s Rule Hearing on proposed Rule 64-4.001-.009, the mother of a four year old girl has filed a Rule Challenge with the court.floridamed

The Department had recently filed a Revised Statement of Estimated Regulatory Costs (SERC).

The Petition was filed March 11, 2015.  In Dahlia Barnhart, by and through her parent and natural guardian, Moriah Barnhart v. State of Florida, Department of Health, the petitioner alleges that the proposed Rule was an “invalid exercise of delegated legislative authority.”

The Petition is here.

4th Amendment
Florida Police Can (1) Search Your Car After Smelling Marijuana and (2) Cut a Hole in Your Underwear to Find Drugs (Jevin Hilliard v. Florida)

Florida drivers (and those in the car) should be aware that it is fairly well-settled that police have probable cause to search a car and occupants during a traffic stop based on “the faint odor of cannabis.” But how far can the search go? We find out in Jevin Hilliard …

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 …