Florida Marijuana Proposed Rule 64.4 is Valid











In the case of Baywood Nurseries Co., Inc. v. Florida Department of Health, Judge W. David Watkins rendered a massive 68-page Final Order finding that Baywood had standing but failed to meet its burden of proof.

As stated in the Final Order, “it is concluded that the Proposed Rules are a reasonable, rational interpretation of the Department’s rulemaking authority that is clearly conferred by and consistent with the Department’s general duties under the Compassionate Medical Cannabis Act, section 381.986.”

The Final Order is here.

A prior post regarding the rule challenge lawsuits is here.

Articles from the Palm Beach Bar Association on medical marijuana laws are here and 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 …