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
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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 …

Marijuana

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 …

Marijuana

Christopher Hopkins Appears As Counsel for Medical Cannabis Trade Association of Florida, LLC

We previously posted regarding the three petitions challenging the Florida Department of Health’s Rule 64-4 (here). Christopher Hopkins filed his notice of appearance as counsel (here) for the Medical Cannabis Trade Association of Florida (MCTAF) in its rule challenge matter. MCTAF’s petition is here.  See the News Service of Florida story (here). …

Marijuana

Three Florida Petitions Challenge DOH Rules re Charlotte’s Web Medical Marijuana

Confused by the various letters and lawsuits regarding Florida Department of Health’s Proposed Rule 64-4 in order to implement the “Charlotte’s Web” law, Florida Statute 381.986? Here is an overview of the developments over the last month and an overview of the three suits: As you likely know, the Florida …

Marijuana

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. The Department had recently filed a Revised Statement of Estimated Regulatory Costs (SERC). The Petition was filed March 11, 2015.  In Dahlia …

Marijuana

Florida OFR Claims Marijuana and Virtual Currency Are “Emerging Threats”

Florida Office of Financial Regulation recently released a consumer publication, Fast Facts, which claimed that medical marijuana and virtual currency (bitcoins) were “emerging threats” in terms of investments. The pamphlet does not state the factual or anecdotal basis for those statements. The Fast Facts pamphlet is here.  See page 9. …

Marijuana

Florida Lawyer’s Guide to Marijuana Laws

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

Marijuana

Can a Florida Lawyer Advise a Client About Medical Marijuana?

  This November, Florida voters will consider whether to legalize medical marijuana.  If so, Florida would join several states which have allowed recreational and/or medical cannabis cultivation, distribution, and use. But it remains illegal under federal law.  Can lawyers advise their clients about a marijuana business which is legal under …

Marijuana

Getting to Know Florida Medical Marijuana / Cannabis Laws

A Google Trend report shows that “Florida Medical Marijuana” has generated massive attention since 2013.   I attended a recent Florida Cannabis Coalition meeting and, while the speakers were good, the attendees seemed uneducated (case in point, people literally got up and left when they heard about the $150,000 application …