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September 2015 Archives

Problems posed by setting a BAC level for marijuana

The introduction into evidence of the results of a breath test or blood test proving that a driver’s blood alcohol content level was .08 percent or higher can make a prosecutor’s job much easier. Florida law provides that a BAC level of .08 percent is proof of intoxication. A legislator now wants to have an equivalent standard for those who driver under the influence of marijuana.

Search and seizure hampered by newest drug paraphernalia

It is not unusual for state and federal drug laws to be a step behind those individuals who engage in drug trafficking and drug manufacturing. For example, synthetics are produced in laboratories instead of being grown in fields. Synthetic drugs such as K2 are marketed on the street as a chemical substitute for marijuana. In some cases, the synthetic drugs are available at a cost that is less than what is charged for the real thing.

Medical marijuana coming soon to Florida?

Presently Florida has no medical marijuana law, which means that if you are using the drug to “self-medicate” then as far as law enforcement is concerned your therapeutic intentions mean little. The criminal penalties for marijuana possession vary on the quantity, with small amounts (less than 20 grams) being considered a first-degree misdemeanor, possession of up to 25 pounds being a third-degree felony, and possession of more than 25 pounds being a “trafficking” violation that is a first-degree felony with increasing fines and prison terms as the quantity increases.

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