Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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Posts tagged "Pot"

The Medical Marijuana Amendment: How Does It Change Florida Law?

While the 2016 election is most notable for selecting the nation's next president, Florida voters are also deciding on some important amendments to the state's constitution. Not the least of which is Amendment 2, which is poised to legalize medical marijuana in Florida. Twenty-five states currently have laws that allow medical marijuana in some form. If Florida joins these states, the Amendment will create a new framework for prescribing, distributing, and possessing medical marijuana. 

Medical Marijuana "Certificates" in Florida: A Legal Non-Entity

Our ever vigilant clients recently brought to our attention a website claiming to be able to provide medical marijuana certificates. The website states that medical marijuana is already legal in Florida for those with a medical necessity. The website also claims that if a patient can prove medical necessity to a law enforcement officer, they are not subject to arrest. However, these claims are completely untrue. 

Driving While Stoned

With what appears to be the imminent legalization of medical marijuana in Florida, questions have begun to arise as to what may happen in the event Officer Friendly believes that a citizen is driving under the influence of marijuana. In Florida's an officer's request for breath, urine, or blood must be made incident to a lawful arrest. Before the law enforcement officer can make such a request under Florida's implied consent statute, the driver must be arrested. This does not prevent the law enforcement officer from seeking a driver's consent before an arrest, such request for consent should be politely but firmly declined. 

Medical Marijuana Coming to Florida? Only if You Sign the Petition by February 1, 2014

If organizers are successful, Floridians will have the opportunity to vote to amend the Constitution of Florida to allow ill Floridians legal access to medical marijuana with a doctor's recommendation. United for Care, a grassroots organization, is currently collecting signatures to ensure that Floridians get the chance to vote on medical marijuana in 2014. 

Search and Seizure: Expectation of Privacy and the Physical Intrusion Test

We are often asked whether police officers have the right to approach a person's home without a warrant and then use what they observe to search the home. Generally, in the absence of "no trespassing" signs or fences, officers have the right to engage in what is referred to a "knock and talk" of a home, that is they have the right to walk on the sidewalk of your home, knock on your front door and engage you in a "consensual encounter." They do not have the right to conduct warrantless searches of your property. Nor do they have the right to enter into your backyard. In fact, the right to engage you is extremely limited. Law enforcement personnel often exceed the authority given to them under the walk and talk doctrine. This article discusses two cases which have limited the ability of police officers to conduct warrantless searches in the curtilage of your home and what you should do to protect yourself from unlawful searches and seizures on your property. 

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
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