Drug Possession

Be careful where you shop for your gardening needs

2012-01-12T08:33:00.001-08:00

Simply Hydroponics is a store located in Largo that caters to those who are growing pesticide free plants. The Pinellas County Sheriff’s Office has utilized the store as a way to initiate investigations against those who shop there. The rationale according to the Sheriff’s office is those who manufacture marijuana shop at hydroponics stores. According to this article in the St. Petersburg Times of the 450 search warrants have been filed in Pinellas County between January 1, 2010 and September 15, 2011, 39 warrants began with surveillance at Simply Hydroponics.

The investigation begins with a surveillance camera located on a pole across the street from the business. Detectives then run tag numbers to determine a name and address. Detectives will engage in spot checks of the residences looking for signs of a grow operation such as the sound of running motors, windows that are blacked out, and obviously the odor of marijuana. Finally, the residences power records are pulled and compared with other residences in the area of comparable size. If the amount of power used is higher than for other homes then that could be a sign of a grow operation. Law enforcement then presents their findings by way a search warrant for a judge’s signature.

More Marijuana News

2011-11-30T11:46:00.000-08:00

Recently a petition to legalize and regulate marijuana which contained 75,000 signatures was submitted to President Obama’s “We the people” project and was….rejected. According to the director of the White House Office of National Drug Control Policy, research indicates that marijuana use is closely associated with addiction, respiratory problems, and brain development.

Federal prosecutors in California are claiming that many have used the medicinal marijuana law as a disguise for large scale drug operations with marijuana being transported across state lines. Federal officials will now be focused on targeting landlords who lease to medical marijuana dispensaries and properties used to grow marijuana.

Update on Florida’s Controversial Drug Law

2011-11-22T05:43:00.001-08:00

On July 26, 2011 United States District Judge Mary Scriven issued an order declaring FLA. STAT. §893.13 unconstitutional on its face due to lack of knowledge requirement which was deleted by the Florida legislature in 2002. This ruling is binding on federal courts but not at the state court level. Now Florida’s 2^nd District Court of Appeal issued an order asking the Florida Supreme Court immediately resolve this issue.

If the Florida Supreme Court were to agree with Judge Scriven thousands of convictions are at stake at being overturned. According to this article from the St. Petersburg Times this drastic step has only happened a dozen or so times in the past 31 years. According to critics the current statute punishes those who inadvertently and unintentionally possess or deliver a controlled substance.

Legislative update on treatment based drug court programs

2011-11-16T05:55:00.000-08:00

Recently the legislature amended some of the guidelines related to admission to treatment based drug court programs. Entry into a post adjudicatory treatment based drug court program as a condition of probation or community control must be based on the sentencing court’s assessment of the Defendant’s criminal history, abuse screening outcome, and amenability to the services of the program, total sentence points, the recommendation of the state attorney and the victim and the Defendant’s agreement to enter the program An offender sentenced to such a program who violates probation or community control shall have the violation heard by the presiding over the post adjudicatory drug court program.

For offenses committed on or after July 1, 2009 the sentencing court may place the Defendant into a post adjudicatory treatment based drug court program if the Defendant’s total scoresheet points are 60 points or fewer and the offense is a nonviolent felony. The term “nonviolent felony means it is considered as a third degree felony violation under chapter 810 or any other felony offense that is not a forcible felony. A forcible felony is defined as treason, murder, manslaughter, sexual battery, carjacking, home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated assault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, placing, or discharging of a destructive device or bomb, and any other felony which involves the use or threat of physical force or violence against any individual.

For offenders who have violated probation or community control for offenses committed on or after July 1, 2009, the court may order the Defendant to successfully complete a post adjudicatory treatment based court program if the offender admits the violation, the scoresheet total sentence points are 60 points or fewer after including points for the violation, the underlying offense is a nonviolent felony, and the Defendant is amenable to services. The original sentencing court relinquishes jurisdiction to the drug court program.

If it appears that a Defendant is a chronic substance abuser whose criminal conduct is for a violation of chapter 893 or a non violent felony committed on or after July 1, 2009, and the total scoresheet sentence points are under 60 the court may either adjudicate the Defendant guilty or withhold adjudication and place the Defendant on drug offender probation or into a drug court program. The Department of Corrections supervises the probation program which emphasizes treatment and intensive supervision. Typical sanctions on drug offender probation include surveillance, random drug testing, and a curfew.

Federal Judge Rules That the Mind Does Matter

2011-08-31T10:48:00.000-07:00

On May 13, 2002, Florida became the only state in the nation to eliminate “mens rea” or the knowledge element of a drug offense. Essentially the legislature criminalized the unknowing possession of a controlled substance, along with lack of knowledge was still available as an affirmative defense. But in every case where this type of affirmative defense was raised, the jury received an instruction on the permissive presumption that the possessor “knew of the illicit nature of the substance”. Confused yet? You are not alone. This article from the TBO.com demonstrates the importance of the knowledge requirement.

In 2005, Mackle Vincent Shelton was convicted of distributing cocaine and sentenced to eighteen years in prison. Mr. Shelton appealed his conviction and after each court in the state system affirmed his conviction he filed a petition for federal habeas corpus relief. Mr. Shelton’s claim was that FLA. STAT. §893.13 was facially unconstitutional because it eliminated the knowledge requirement. On July 26, 2011 United States District Judge Mary Scriven agreed with Mr. Shelton and she issued an Order granting Shelton’s petition for writ of habeas corpus and declared FLA. STAT. §893.13 unconstitutional on its face. This ruling potentially affects thousands of state and federal drug cases as stated in these articles from the Wall Street Journal and the Miami Herald.

What does this mean for an individual with a pending drug charge or appeal? Those with pending drug charges can file a motion to dismiss and anyone with a pending appeal can add this ruling as a ground for relief. Keep in mind that this is a Federal court decision and unfortunately State Circuit courts are not bound by this decision. More should be known in the upcoming months. There is always the possibility that this case could make it to the United States Supreme Court. If you or someone you know has a pending drug charge, call us to discuss the current available options.