Marijuana Requires No Laboratory Report in Florida

What happens when Prosecutors use the testimony of a cop, with no testimony from a laboratory to identify the drug, Marijuana / Cannabis?

No Lab Report Needed 

for Weed in Florida 

The following sections are excerpts from the court's marijuana opinion testimony decision that can be found in its entirety here. "The issue before us is whether a police officer’s identification of marijuana, arrived at by sight and smell alone, is admissible experience-based opinion testimony. Because the officer’s opinion was based on his personal knowledge and perception and resulted from a process of everyday reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701, Florida Statutes."

"We find the officers’ testimony within the 

permissible range of lay

observation and ordinary police experience.”

Marijuana Growers in Florida - The First Fab Five

Marijuana Growers in Florida - The First Fab Five

First Fab Five Chosen

Florida marijuana growers took a big step - The State of Florida has announced the first five legal growers. They are established to cover five regions in the state. The closest growhouse to Tampa will be Knox Nursery in lovely Winter Garden where they have an  "[e]xpansive selection of flowers, vegetables, shrubbery & home landscaping essentials."

 Miami got a double-dose, when Costa Farms, a "sprawling family-owned nursery . . . of indoor [and] garden tropical plants." in Miami and Alpha Foliage in Homestead were chosen. These five may have an advantage, if the ballot measure to legalize weed passes the ballot. Here they are with a map: 

The Fabulous Five

1. Alpha Foliage
2. Chestnut Hill Nursery
3. Costa Farms
4. Hackney Nursery Co Inc
5. Knox Nursery Inc

Alpha Foliage  
Address: 27600 SW 217th Ave, Homestead, FL 33031
Phone:(305) 245-2220

Chestnut Hill Nursery  
Address: 15105 NW 94th Ave, Alachua, FL 32615
Phone:(386) 462-2820

Costa Farms  
Address: 21800 SW 162nd Ave, Miami, FL 33170
Phone:(800) 327-7074

Hackney Nursery Co Inc  
Address: 3690 Juniper Creek Rd, Quincy, FL 32351
Phone:(850) 442-6115

Knox Nursery Inc  
Address: 940 Avalon Rd, Winter Garden, FL 34787
Phone:(407) 654-1972

Can Police refuse to accept a Florida Medical Marijuana Patient Card - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 13

Can Police refuse to accept a
Florida Medical Marijuana Patient Card?

Can Police refuse to accept a Florida Medical Marijuana Patient Card?

Under current Florida Drug Laws: Florida Statute 893.13.6(b) If law enforcement confronts a citizen for possession of cannabis, they can and do make an arrest. The issue may arise what if the office wants to ignore the possession of a valid medical marijuana card and refuse to accept the document?

Under my proposed Florida Medical Marijuana Law:  

A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department unless the state or local law enforcement agency or officer has reasonable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently.

What About Florida Marijuana Cooperative Farms - Chapter 893 Statute if Florida Legalizes Medical Marijuana? - Part 12

Florida Marijuana Cooperative

Florida Marijuana Cooperative

Under current Florida Drug Laws: Florida Statute 893.13.6(b) If someone or a group conspire to cultivate marijuana, a person commits a felony.  Possession or cultivation of marijuana are both felonies with forfeiture provisions for the tools and property where the cultivation occurs.

Under my proposed Florida Medical Marijuana Law:  

Qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification cards, who associate within the State of Florida in order collectively or cooperatively to cultivate marijuana for medical purposes, shall not solely on the basis of that fact be subject to state criminal sanctions under Chapter 893 of the Florida Statutes.

Drug Remains Illegal - Marijuana Laws Florida Summary

Florida Marijuana
Laws Summary 

The Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Until the law changes, there is essentially no medical marijuana and there is no legal way to use marijuana absent a Compassionate Use Card issued upon recommendation of a doctor. 

Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. Even after the law on medical marijuana changed, the drug remains a controlled substance under both State and Federal laws.

Possession:

20 g or less Misdemeanor 1 year $1,000

More than 20 g Felony 5 years $5,000

Sale or Cultivation:

Delivery of 20 g or less Misdemeanor 1 year $1,000

25 lbs or less Felony 5 years $5,000

25 to 2,000 lbs (or 2,000 plants) Felony 3 years MinMan* $25,000

2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000

10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000

Within 1,000 feet of school or other Felony 15 years $10,000

Other Penalties:

Paraphernalia possession misdemeanor 1 year $1,000

Any conviction causes driver's license suspension for 6 months to 2 years.

Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.

Florida 893.135 Marijuana Minimum Mandatory Sentences

Florida law on Marijuana provides minimum mandatory sentences that begin at 25 pounds and 2000 plants. Continue higher when 10,000 pounds or 10,000 plants are alleged and proven. If someone knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of: 

25 - 2000 lbs. or 300-2000 plants 3 years, $25,000 fine

2000 - 10,000 or 2000 -10,000 plants 7 years, $50,000 fine

10,000 lbs. or 10,000 plants 15 years, $200,000 fine

Post by Tampa Drug Attorney.