FEDERAL PROSECUTORS IN FLORIDA PURSUE CRIMINAL MARIJUANA CASES DESPITE MEDICAL MARIJUANA VOTE

Wouldn't you know it - the fact that Floridians overwhelmingly voted for medical marijuana has not stopped the feds from vigorous pursuit of marijuana cases in the Middle District of Florida. A couple of years ago more than 58% of voters supported a failed constitutional amendment for medical marijuana in Florida, just under the 60% threshold for passage. Recent polling indicates that medical marijuana is likely to surpass 60% to become the law in Florida at the next election. Further, many local Florida jurisdictions such as Tampa and St. Petersburg are following Miami's example by decriminalizing small quantities of marijuana.

Yet these events seem to mean nothing to federal prosecutors. Instead of tamping down the number of federal marijuana indictments there's been an increase in cases over the past few years. Once these cases are in the federal system federal judges have very limited discretion in avoiding long minimum mandatory sentences from the antiquated federal sentencing guidelines. And it's difficult to avoid harsh penalties under Florida law even when the state of Florida prosecutes marijuana cases. More troubling is the fact that the federal government for the most part no longer pursues marijuana in other states that have either decriminalized marijuana possession or allowed for medical marijuana. 

How can it be fair that marijuana indictments have increased in the southern United States while in many other parts of the country marijuana prosecutions are a thing of the past? Clearly the federal law should no longer be applied anywhere if it's not being applied everywhere. The foundation of the criminal law is that it be fairly applied in an equal manner. 

One wonders if the real cause of increased marijuana enforcement is a lack of other available productive work for the DEA. As arrests and indictments for hard drugs such as cocaine and methamphetamine have shriveled could it be that DEA agents as well as prosecutors simply do not have enough to do? It's frightening to contemplate the very real possibility that drug investigations, arrests and indictments are not based on targeting actual threats to the public. Once medical marijuana is legalized what will nosey officers smelling marijuana without a search warrant do then? Will cough medicine be next on their list?

NEW STUDY UNDERMINES CRIMINAL DRUG SANCTIONS - POT USE DOES NOT CAUSE CAR CRASHES

In a new study the use of marijuana was found not to increase the risk of car crashes. After adjusting for age, sex and alcohol use the study showed that people testing positive for pot were not more likely than other drivers who were not using drugs or alcohol to cause or avoid car crashes. When pot is combined with alcohol use the synergetic effect of the combined drugs could increase the chances of a car crash. The study undermines the rationale for DUI laws that include pot as a possible single intoxicant to define marijuana impaired driving. 


Every criminal law should have some basis either in morality or scientific fact. It's clear that many laws criminalizing marijuana use are not based on any actual scientific studies. Instead criminal drug laws including those for marijuana are too often based on whim, class war, fear and politics. The results are miserable with people's lives being ruined by criminal statutes that have no basis in scientific fact. 

Those who use drugs should not be harassed, arrested nor charged with crimes and heavy marijuana penalties. Too often police use inappropriate and un-american tactics of drug searches and seizures to fight their unilateral drug wars often without seeking proper search warrants from judges. Because of the widespread use of drugs the process itself is fraught with hypocrisy with many of those in law enforcement including prosecutors and police officers using illegal drugs recreationally. 

Yet those arrested pay a heavy price not only in fines, probation and jail, but also in how they are later treated within the community. Despite Clearwater criminal drug court, those facing drug sanctions live in constant fear and intimidation of the law. This new study should go a long way toward changing the fanatical attitude of many narrow minded Americans who would take away the freedom of others to live life as they choose. 

FEDERAL PROSECUTORS TOLD TO NO LONGER ENFORCE MARIJUANA LAWS IN STATES WHERE IT'S LEGALIZED

Your favorite Clearwater criminal defense attorney just obtained a memorandum sent today to each federal prosecutor working in every United States Attorney's office. The memorandum outlines the factors which every prosecutor must now consider before pursuing marijuana trafficking cases.

Here are the six critical factors to be used by prosecutors in the future for every Department of Justice prosecution as delineated in the memorandum:

Is Cannabis Legal?

1. Preventing the distribution of marijuana to minors. 

2. Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels. 

3. Preventing the diversion of marijuana from states where it is legal under state law from being dispersed to states where it is not legal. 

4. Preventing state-authorized marijuana activity from being used as a cover or pretext for trafficking in other illegal drugs or other illegal activity. 

5. Preventing violence and firearm use. 

6. Preventing DUI impairment from marijuana. Preventing the growing of marijuana on public parks or other public land or other federal property. 

What is most interesting is the fourth paragraph which represents a sea change of policy from Attorney General Holder's previous guidelines for his prosecutors. 

Now state authorized marijuana activity will be monitored to prevent its use in other illegal drugs or other illegal activity, whereas before even if a state had legalized marijuana, the federal government viewed the marijuana growing as illegal activity subject to the federal law of drug trafficking in itself. 

Clearly citizens in states that do not allow marijuana will not be as likely as other citizens to be subject to the harsh minimum mandatory sentences for marijuana drug trafficking cases, which should bring some disparity of sentencing arguments as well as disparity of prosecution arguments into play by enterprising defense attorneys in every jurisdiction.

Here in Tampa Bay, Florida we can only hope that a new constitutional amendment legalizing medical marijuana will not only make the drug legal for medicinal purposes, but will stop at least some overzealous federal prosecutions that often result in unfair minimum mandatory prison sentences that judges do not have the discretion to go under. Because prosecutors always had more discretion under the Federal Sentencing Guidelines, this roll back of harsh sentencing by Attorney General Holder will save many people from being branded as criminal by our government.

HOW TO AVOID HARSH PUNISHMENT FOR POSSESSION OF SMALL AMOUNTS OF MARIJUANA IN FLORIDA

With spring breakers in town it might come as no surprise that a  Clearwater criminal defense lawyer was recently asked about the penalties for possession of a small amount of marijuana in Florida. Drug laws in Florida are surprisingly harsher than in many other states, which unfortunately can ruin much more than just a Tampa Bay, Florida vacation for those who come for sunshine, adventure and fun.

Marijuana or Absinthe? 

In Florida if an officer pulls over a car for a traffic infraction such as speeding, the officer must have permission to search the car unless he has a search warrant. But if nosey officers smell marijuana, then they are allowed to search a vehicle or even your home for drugs. Which doesn't quite explain how officers smelled a strong odor of marijuana in one of my pending cases, but somehow in searching the car found no pot, but pills and methamphetamine. 
The explanation the officers used in the police report was that surely vast amounts of marijuana must have been in the car recently. Officers who lie under oath about smelling marijuana should be fired from Tampa Bay police departments then investigated for perjury.
Here are details of punishment for marijuana possession in Florida:

Possession of 20 grams or less is a misdemeanor punishable by a maximum sentence of a year imprisonment with maximum fine of $1,000. 

Possession of more than 20 grams is a felony punishable with a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

On top of this a first time marijuana possession in Florida also leads to a two year driver's license revocation even if the incident did not involve use of a vehicle, which is oddly more than the Florida punishment for a first time DUI of a one year Driver's License suspension with the likelihood of be given a hardship license. 
Florida has very harsh penalties for possession or sale of enough marijuana to trigger trafficking in marijuana with minimum mandatory sentences as can viewed in Florida's Drug Statutes.
If you or someone you care about has been arrested for sale or possession of drugs such as marijuana in Tampa Bay, Florida you need an effective Clearwater drug defense attorney who will find the best solutions for you.