July 21, 2021

If I have a Florida-issued medical marijuana card, can I still get arrested for possession of marijuana?

You may wonder if you can still be arrested for possession of marijuana, even if you have your Florida medical marijuana identification card. The answer is yes. The following article will discuss and interpret the medical marijuana laws in Florida to guide you so you are aware of the limitations.

In 2017, the Florida Legislature passed Senate Bill 8A, otherwise known as the Medical Use of Marijuana Act. Under Senate Bill 8A, residents of Florida may qualify for the use of medical marijuana if they have been diagnosed with a qualifying condition, such as cancer, PTSD, Epilepsy, etc., by a certified physician. Upon approval, the physician will send a recommendation to the Florida Department of Health’s Office of Medical Marijuana Use for you to be granted approval to use medical marijuana for treatment. If approved, you will set up a Medical Marijuana Use account, pay a small fee, and you will be added to the Medical Marijuana Use registry and issued a license. Only state-licensed Medical Marijuana Centers, also called dispensaries, are legally allowed to distribute marijuana.

Here lies the misunderstanding where people think it’s smooth sailing from here. In Florida, you are allowed to use medical marijuana if you comply with the following regulations:

August 11, 2020

Conspiracy To Drug Trafficking: It Is A Criminal Offense

by Adams, Luka, & Benton

Conspiracy does not just revolve around super-secret FBI or CIA government information, such as the movie, “All the President’s Men” (Nixon’s Watergate scandal) or conspiracy theories that Area 51 is holding an alien species. Being arrested for conspiracy to drug trafficking is an actual criminal offense. Florida law states that any person who agrees or conspires with another to commit a drug trafficking act prohibited by law will be committing a 1st-degree felony. That felony carries the same punishable outcome as if that person committed the act. Therefore, drug trafficking and conspiracy to drug trafficking carry the same offense weight.

Because conspiracy to drug trafficking carries the same weight as a drug trafficking offense, the same mandatory minimum sentencing also applies. If the quantity for:

Marijuana is between 25-2,000 pounds or 300-2,000 plants

February 4, 2019

Can I Face Criminal Charges for the Same Crime in Both State Court and Federal Court?

by Adams, Luka, & Benton

The short answer is yes if the criminal conduct you were involved in violated both state law and federal law then you can face criminal charges in both state court and federal court. Local or statewide law enforcement agencies including local sheriff’s departments, city police departments, and the Florida Department of Law Enforcement conduct criminal investigations involving potential criminal activity that violates Florida Law. The U.S. government also has federal laws that criminalize certain conduct; those crimes are investigated by federal law enforcement agencies including the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), or Bureau of Alcohol, Tobacco, and Firearms (ATF). State crimes are prosecuted by the state attorney’s office and federal crimes are prosecuted by U.S. District Attorneys. It is possible to be investigated by multiple law enforcement agencies at both the state and federal levels for the same criminal conduct and to subsequently be prosecuted in both state and federal court.

Many people are under the impression that the Double Jeopardy clause in the federal constitution protects them from being charged criminally for the same conduct in both state and federal court. Under the double jeopardy clause, no person can be tried twice by the same sovereign for the same offense. Each state is a separate sovereign from the United States and therefore an individual can be tried by both the state and federal government without the double jeopardy clause being violated.

An example of a common criminal activity that may allow someone to face charges in both state and federal courts would be drug trafficking, fraud charges, child pornography, and weapons charges. In many situations, an individual will be prosecuted by either the federal government or the state government, even if they were investigated by both state and federal law enforcement agencies. In some situations, an individual may be prosecuted by both. Sentencing also differs between the state and federal levels, with federal sentencing guidelines often being stricter for federal crimes. Consulting with an attorney who has experience in handling both federal and state-level criminal defense cases can help you to better understand the legal process, as well as what your rights and potential legal defenses are in both court systems.

November 7, 2018

Getting Arrested for Trafficking in MDMA, Methamphetamine, and Oxycodone May Be Easier Than You Think

by Adams, Luka, & Benton

When people think of trafficking drugs, the first thing that often comes to mind are scenes from movies involving large quantities of drugs and cash being moved through complex criminal organizations. A real-life example of this that was recently in the news was a federal case where several arrests were made from an international drug ring moving cocaine from South America through Mexico and into Los Angeles. Federal agents seized over 7,700 pounds of cocaine with a street value of $500 million from this drug ring over a three-year period. Seven individuals were indicted on federal charges and one higher-ranking member has been extradited to the United States to face charges. The criminal organization was also linked to two murders, including a video recording of a murder involving torture and dismemberment.

While many people associate this type of criminal organization with drug trafficking, most people fail to realize the majority of drug trafficking cases do not involve millions of dollars worth of drugs and complex criminal networks. For most substances, the threshold amount needed to be charged with trafficking is low, and even an individual in possession of such an amount for personal use can be charged with trafficking. For example, under Florida law, a mere 28 grams of cocaine is enough to be charged with trafficking it, which is a first-degree felony with a minimum mandatory sentence of three years and a $50,000.00 fine. For oxycodone, possession of 7 grams or more of oxycodone, or any mixture containing oxycodone, is a first-degree felony of trafficking in oxycodone. The consequences of trafficking oxycodone can also be severe. Trafficking 7 grams or more, but less than 14 grams, has a mandatory minimum sentence of 3 years and a fine of $50,000. 14 grams or more, but less than 25 grams, has a mandatory minimum sentence of 7 years and a fine of $100,000. 25 grams or more, but less than 100 grams, has a mandatory minimum sentence of 15 years and a fine of $500,000.

Methamphetamine and methylenedioxymethamphetamine (MDMA) are other examples of illegal substances that can be easier to get a trafficking charge than most think. For methamphetamine, someone can be charged with trafficking with only 14 grams of methamphetamine or any mixture containing it. With MDMA trafficking charges begin at 10 grams of any substance containing methylenedioxymethamphetamine.

June 20, 2018

Can I be Charged with Drug Trafficking If I Was Only in Possession of Drugs and Did Not Actually Sell Any?

by Adams, Luka, & Benton

I was recently pulled over by law enforcement, and during the traffic stop marijuana was found in my vehicle. I wasn’t planning on selling the marijuana and only had it for personal use, so why was I charged with trafficking and not possession?

Under Florida Statute, it is possible to be charged with trafficking without ever selling any marijuana if someone is in possession of a large amount. Florida Statute 893.135 defines trafficking as any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, in excess of 25 pounds of cannabis, or 300 or more cannabis plants. Trafficking marijuana is a first-degree felony punishable by up to 30 years in prison and fines, with minimum mandatory sentencing guidelines based on the amount of marijuana involved.

If the amount of marijuana involved in over 25 pounds but less than 2,000 pounds, or between 300 and 2,000 marijuana plants there is a minimum mandatory sentence of three years and a $25,000 fine. For amounts between 2,000 and 10,000 pounds, or 2,000 to 10,000 plants, the minimum mandatory sentence is seven years and a $50,000 fine. If the amount involved is over 10,000 pounds or 10,000 plants the mandatory minimum sentence is fifteen years and a $200,000 fine.