Defining Pot Laws in Florida

 

There is a popular push by people in several states to make the use of marijuana legal as a treatment for certain chronic and/or terminal conditions. Not quite as popular, but still present, is a push to legalize it completely for over the counter sale. At present, a few states have passed laws allowing doctors to prescribe for specific conditions and its sale under tight controls. Florida is not on this list. Therefore, before entering the state with pot, one should know the cannabis laws in Florida.

Marijuana related charges are progressive in severity and punitive sentencing. At the lowest level, possession of 20 grams or less is a misdemeanor. Possession of paraphernalia, such as pipes, bongs, etc. Is also a misdemeanor and can be added to the drug charge. Each carries a sentence of up to a year in jail and/or a thousand dollar fine. Delivery of less than 20 grams without receiving payment falls into this class as well.

Delivering more than 20 grams but less than 25 plants (pounds), selling any amount up to 25 plants (pounds), and possession of 20 grams to 25 plants (pounds) are all felonies. Each can be punished by a 5 year prison sentence and/or a 5000 dollar fine.

Growing or selling any amount of cannabis in close proximity to schools, parks, daycare centers, and other places where children are likely to gather can, and usually does, result in 15 years in prison and a 10,000 dollar fine. Possession of more than 24 plants (pounds) of marijuana carries the same penalty. Judges almost always hand out maximum sentences when schools and children are endangered.

One is considered to be trafficking in illegal substances if he/she grows or sells more than 25 pounds (plants). The state has established minimum mandatory sentences for any trafficking conviction. This means that judges have no latitude whatsoever in setting sentences. Even offenders who ultimately help authorities catch large traffickers will face the minimum sentences.

The minimum sentence for 25 plants up to 2000 plants (pounds)is 3 years in prison and up to a 25,000 dollar fine. 2000 to 10,000 plants (pounds) is punishable by not less than 7 years in prison and a 50,000 dollar fine. The minimum sentence possible for amounts of marijuana in excess of 10,000 plants (pounds) is 15 years in prison and a 200,000 dollar fine.

One will lose his/her driver’s license to suspension for a period of not less than 6 months nor more than 2 years if convicted of any drug related charge. This includes misdemeanor possession as well as the various felonies. This is in addition to any other punishments handed out by the court system for the various charges.

One can now obtain a prescription from a doctor for marijuana to treat certain conditions in a few states. Florida is not one of these states. Knowing the cannabis laws in Florida is is important to anyone considering carrying the drug into the state or growing it there. Anyone convicted of trafficking in pot will face certain minimum mandatory prison sentences and monetary fines. Judges have no leeway in sentencing these offenders.

Published in: on January 5, 2012 at 7:03 pm  Comments Off on Defining Pot Laws in Florida  
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Defining Pot Laws in Florida

 

There is a popular push by people in several states to make the use of marijuana legal as a treatment for certain chronic and/or terminal conditions. Not quite as popular, but still present, is a push to legalize it completely for over the counter sale. At present, a few states have passed laws allowing doctors to prescribe for specific conditions and its sale under tight controls. Florida is not on this list. Therefore, before entering the state with pot, one should know the cannabis laws in Florida.

Marijuana related charges are progressive in severity and punitive sentencing. At the lowest level, possession of 20 grams or less is a misdemeanor. Possession of paraphernalia, such as pipes, bongs, etc. Is also a misdemeanor and can be added to the drug charge. Each carries a sentence of up to a year in jail and/or a thousand dollar fine. Delivery of less than 20 grams without receiving payment falls into this class as well.

Delivering more than 20 grams but less than 25 plants (pounds), selling any amount up to 25 plants (pounds), and possession of 20 grams to 25 plants (pounds) are all felonies. Each can be punished by a 5 year prison sentence and/or a 5000 dollar fine.

Growing or selling any amount of cannabis in close proximity to schools, parks, daycare centers, and other places where children are likely to gather can, and usually does, result in 15 years in prison and a 10,000 dollar fine. Possession of more than 24 plants (pounds) of marijuana carries the same penalty. Judges almost always hand out maximum sentences when schools and children are endangered.

One is considered to be trafficking in illegal substances if he/she grows or sells more than 25 pounds (plants). The state has established minimum mandatory sentences for any trafficking conviction. This means that judges have no latitude whatsoever in setting sentences. Even offenders who ultimately help authorities catch large traffickers will face the minimum sentences.

The minimum sentence for 25 plants up to 2000 plants (pounds)is 3 years in prison and up to a 25,000 dollar fine. 2000 to 10,000 plants (pounds) is punishable by not less than 7 years in prison and a 50,000 dollar fine. The minimum sentence possible for amounts of marijuana in excess of 10,000 plants (pounds) is 15 years in prison and a 200,000 dollar fine.

One will lose his/her driver’s license to suspension for a period of not less than 6 months nor more than 2 years if convicted of any drug related charge. This includes misdemeanor possession as well as the various felonies. This is in addition to any other punishments handed out by the court system for the various charges.

One can now obtain a prescription from a doctor for marijuana to treat certain conditions in a few states. Florida is not one of these states. Knowing the cannabis laws in Florida is is important to anyone considering carrying the drug into the state or growing it there. Anyone convicted of trafficking in pot will face certain minimum mandatory prison sentences and monetary fines. Judges have no leeway in sentencing these offenders.

Published in: on January 5, 2012 at 7:01 pm  Comments Off on Defining Pot Laws in Florida  
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Pot Traffic Ticket Team

Pot Traffic Ticket Team

Published in: on January 5, 2012 at 7:00 pm  Comments Off on Pot Traffic Ticket Team  

Pot Traffic Ticket Team

Pot Traffic Ticket Team

Published in: on January 5, 2012 at 7:00 pm  Comments Off on Pot Traffic Ticket Team  

Know the Medical Marijuana Laws in Florida (if any)

Many states are seeing a growth in the number of citizens who would like to see cannabis (marijuana)made available as a prescription treatment for certain chronic conditions. These can include cancer, glaucoma, and certain types of chronic pain. Nationwide, there is a small percentage of people actively seeking legalization of this drug completely. While some states have begun to allow the use of medical marijuana under tightly controlled conditions, Florida is not one of them. Therefore, anyone considering taking this drug into or growing it in that state should know how cannabis laws in Florida are defined.

There are different levels of criminal charges associated with possession, delivery, sale, and cultivation of cannabis in Florida. What level the charges will be depends on the amount of the drug involved. For example, possession of or delivery of twenty grams or less is considered a misdemeanor and is punishable by up to one year in jail and/or one thousand dollars in fines. Possessing paraphernalia carries the same penalties and can be charged in addition to the charges pertaining to the pot.

Delivering over twenty grams, even without compensation, or selling any amount up to twenty five pounds can land one in prison for up to five years and a fine for up to five thousand dollars. Possession of between twenty grams and twenty five pounds (plants) carries the same penalties. Both are considered felonies.

Being in possession of twenty five or more pounds (plants) can mean a ticket to prison for up to fifteen years and ten thousand dollars in fines. This is also the penalty for growing or selling any quantity of the drug near schools, daycare centers, parks, or other places where children are likely to be congregated. Most judges dispense the maximum sentence for this latter crime.

If one is caught growing or selling more than twenty five pounds of pot, he/she will be charged with drug trafficking. If found guilty, there will be a minimum mandatory jail sentence as well as fines. Judges are forced to dispense not less than these minimum sentences. What those minimums are depends on the amount of drug in question.

Twenty five pounds (plants) up to one ton (2000 plants) requires not less than three years in prison and twenty five thousand dollars in fines. Between one and five tons (2000 to 10000 plants) the minimum is seven years in prison and fifty thousand dollars in fines. The minimum sentence for any amount over this is fifteen years and two hundred thousand dollars in fines.

Regardless of the level of crime of which one is convicted, felony or misdemeanor, any conviction means that his/her driver’s license will be suspended for a minimum of six months up to a maximum of two years.

While medical marijuana has become legal in some states, Florida continues to deem this a strictly illegal substance. Knowing and understanding how cannabis laws in Florida are defined can help save one some time and money. Traffickers in this drug face mandatory minimum sentencing that ties a judge’s hands, even if one helps the authorities in the long run. Jason Diamond, Diamond, Kistner & Diamond, Traffic Ticket Team, Jason@TrafficTicketTeam.com, www.TrafficTicketTeam.comO: (954) 967-9888

Published in: on January 5, 2012 at 6:58 pm  Leave a Comment  

Understanding the Marijuana Laws in Florida

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There is a growing movement in many states to legalize cannabis (marijuana) for prescription use to treat chronic pain and certain diseases such as cancer and glaucoma. There is a somewhat smaller movement to legalize its use as a recreational drug, equivalent to alcohol or tobacco. However, only a few states have gone so far as to allow its use by prescription only. Florida is not one of these states. It is, therefore, necessary for one to understand cannabis laws in Florida before taking any across the state line.

This state uses a progressive chart when determining the charge and the severity of the charge in both possession and sale or cultivation. Possession or delivery of less than twenty grams is a misdemeanor that carries a fine of up to 1000 USD and/or 1 year in jail. This assumes that one delivers a small quantity and does not get paid for it. Possession of paraphernalia (pipes, bongs, etc) is also a misdemeanor with the same penalties. This can be added the charges associated with the drug itself.

Any delivery of over twenty grams or sale of marijuana up to twenty five pounds is a felony. Possession of the substance in a quantity between twenty grams and twenty five pounds is a felony. At this level, the punishment goes up to 5 years in prison and/or up 5000 USD in fines.

Possession of greater than twenty four plants or any sale or cultivation of the plant within one thousand feet of a school, park, daycare, etc. Is punishable by fines up to 10,000 USD and a prison term up to 15 years. Judges tend to hand out the maximum sentence for operating near these locations.

Whenever one gets into growing or selling amounts over twenty five pounds, he/she is considered to be trafficking in an illegal substance. Any trafficking conviction will carry a minimum mandatory sentence, meaning that judges are given no leeway to be lenient.

From twenty five to two thousand pounds (or plants) is punishable by a minimum mandatory sentence of 3 years in prison and a fine up to 25,000 USD. The minimum sentence for two thousand to ten thousand pounds (or plants) is 7 years and a fine up to 50,000 USD. Anything over this carries a mandatory minimum sentence of 15 years and a fine up to 200,000 USD.

Any conviction of any charge relating to marijuana or drugs carries an automatic suspension of one’s driving privileges for a period of not less than 6 months nor over 2 years. This applies whether one is charged with a misdemeanor or a felony.

Several states have passed legislation that allows doctors to prescribe cannabis as treatment for certain chronic and/or terminal conditions. However, Florida is not on this list. Developing an understanding of cannabis laws in Florida means learning that this plant is still illegal and trafficking in it carries very stiff penalties. Those who are convicted of any trafficking related offense will face mandatory minimum sentences that do not provide judges with any leeway for leniency, even if the defendant cooperates with authorities. Jason@TrafficTicketTeam.com, www.TrafficTicketTeam.com, 954-967-9888

Published in: on January 5, 2012 at 6:54 pm  Comments Off on Understanding the Marijuana Laws in Florida  
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The Ins and Outs of Traffic Tickets

Almost every driver has experienced the dreaded traffic ticket at some point or another. No sooner do you accelerate on the highway than you see the flashing lights and siren behind you indicating a wrong-doing. A momentary lapse of good judgment should not, however, tarnish your clean driving record. Knowing how to fight a traffic ticket will ensure that you don’t pay excess fines or get your license taken away.

It is extremely important to remember to always respect the law; never get angry with the officer or start arguing with them, as this will only get you further into trouble. Be sure to directly answer all of the officer’s questions in a courteous and polite manner. Do not exit your vehicle unless they ask you to.

Another important thing to keep in mind is that you should not openly admit your guilt or try and come up with unbelievable stories or excuses. Let the officer explain your infraction and if they ask if you know what you did, answer with a simple, “No, I don’t.” For a speeding offense, be sure that they inform you of what speed you were going and what the limit is in the area.

The name and badge number of the officer will be listed on the ticket, but it can sometimes be unreadable, especially if they have bad handwriting. Be sure to ask them for this information and write it down for yourself, as you will need it for when you go to court. You will also need to ask them detailed and specific questions about the device they used to determine your speed or other infraction and where they were located. For speeding, check for clearly marked signs; if there are none then be sure to take videos or pictures to further prove your case in court.

The officer may come to the conclusion that because you are being so thorough with your questions, that the case may get dismissed, and it is not worth the effort of showing up in court. They do not get paid for court dates and hearings, and many of them would rather be spending time with loved ones or friends anyway. If they do not appear, your case is automatically dismissed.

Your case can still be won, though, even if the officer does show up. The judge may consider all of your evidence and dismiss the case altogether or lessen the fine that you must pay. For more serious offenses, it may be worthwhile hiring an attorney. There are also companies that are comprised of former police officers that give you advice and tips on how to proceed in court. You will have to decide for yourself if spending money on this type of assistance is needed.

Knowledge is power, and gathering every detail possible is paramount to proving your case, whether or not you hire anyone to help you. Immediately after receiving your ticket, file a motion of discovery. This will let you know exactly what you are being charged with, and what type of evidence will be used against you.

Volunteering for traffic school may also be a way for you to get your offense lessened or dismissed completely. Not all areas offer this, so be sure to check with your local jurisdiction. There is a great benefit to receiving a refresher course and can help to prevent future tickets and fines. Knowing how to fight a traffic ticket could be as simple as preventing one in the first place. Fight your Florida Traffic Ticket now, 954-967-9888 http://www.TrafficTicketTeam.com

Things You Must Know to Fight a Traffic Ticket

Every driver has dealt with the unpleasantness of receiving a traffic ticket at least once. One moment you are cruising down the highway and the next moment you see those dreaded flashing lights behind you telling you to pull over. One small infraction shouldn’t taint your driving record or hike up your insurance rates. If you learn how to fight a traffic ticket, you can keep your driving record clean and keep your hard earned money where it belongs – in your pocket.

When you get pulled over, always remember to be respectful and courteous to the officer. Sarcastic remarks or arguing will not be received well and may actually get you into even more trouble. Be sure to answer the officer’s questions directly, and don’t elaborate on them. Never get out of your car unless the officer asks you to, as this could be seen as a sign of aggression.

Do not openly admit your guilt or try to think of outlandish stories or excuses for your behavior. Reply with a simple, “No, Sir” or “No, Ma’am” when the officer asks if you know why they pulled you over. It is their responsibility to explain what the offense is, and they should do it in as much detail as possible. If you were speeding, make sure they let you know how fast you were going, and how much above the speed limit that is.

If you are going to court, you will need to know the name of the officer and their badge number. This is written on the ticket but is sometimes illegible, so be sure to ask. For a speeding infraction, ask the officer about the device that was used and where they were located when they determined that you were going too fast. Check that area for clearly marked speed limit signs. If there are none, take pictures so that you have further evidence for your court hearing.

When you ask very specific questions, it can sometimes lead the officer to believe that it’s not worth the effort of showing up to the court date. If they think that you will gather enough evidence they may conclude that your ticket will get thrown out or the charge will be lessened anyway. Officers have to appear in court on their day off, and many would rather be with their family or out on the driving range. Your case will be automatically dismissed if the officer does not appear.

You can still win, however, even if the officer does make an appearance, especially if it is your first offense, or it is deemed as a minor one. You can get the charge completely thrown out, or the fine may be reduced. If it is a more serious infraction, you may want to consider hiring an attorney. Companies such as X-Coppers are run by former police officers and can help give you tips and strategies on how to win your case. You will have to determine whether or not it is worth spending the extra money on this kind of help.

You will need to be prepared for your court case, whether you hire a lawyer or not. Prepare your statement to the judge well in advance and gather as much information as possible. A motion of discovery should be filed as soon as your ticket is received, as this is your right to know exactly what you are being charged with and what kind of evidence will be presented. Knowledge beforehand is key in order to defend yourself effectively.

Some jurisdictions offer traffic school as an option, instead of being convicted with an offense. Check your local area to see if this is a viable choice. It is always a good plan to voluntarily sign up for a refresher course and will help to prevent further tickets and fines. Not getting a ticket in the first place is the best strategy in learning how to fight a traffic ticket. Call the Traffic Ticket Team now, 954-967-9888 http://www.TrafficTicketTeam.com

It happens to all of us at one time or another – the dreaded traffic ticket. One minute you could be making great time on your morning commute, and the next minute you see those flashing lights in your rear view mirror indicating the need to pull over. One momentary lapse in judgment shouldn’t mean that your driving record be tarnished for years to come; learning how to fight a traffic ticket can ensure that you don’t pay a big fine or have to pay more for insurance.

The first thing to remember is to be polite and respectful to the officer who pulls you over. Being sarcastic or saying things like “my taxes pay for your salary, ” will not go over well and may in fact get you into even more trouble. Answer all of the officer’s questions in a direct manner and don’t attempt to get out of your vehicle unless specifically asked to do so.

Another important thing to remember is not to admit guilt or come up with outrageous excuses. When the officer asks if you know why you were pulled over, answer with a simple, “No I do not officer.” Let them explain to you in detail what your offense is. If you were caught speeding, make sure they tell you the speed that you were going, and what the posted speed limit actually is.

Be sure to get the officer’s name and badge number as you will need it if you go to court. Also, if they offense is speeding, ask very detailed questions about the device they used to determine your speed. Find out where the officer was located and check to make sure that speed limits are clearly posted. If not, take pictures of the area you were driving in as proof that you were not sure what the limit was.

Sometimes, asking very detailed, specific questions may deter the officer from appearing in court; they may determine that it’s just not worth the effort and with all of the evidence that you have gathered, a judge will rule in your favor. Officers have to come to court on their own time, and they may very well prefer to golf that day. If the officer does not appear, then your ticket is automatically deemed null and void.

If the officer does appear, and this is your first offense then chances are you can still win your case. The judge may decide to lessen the charge so you don’t have to pay as much or lose your license. Depending on what the offense is, you may want to hire a lawyer. There are also organizations owned by former police officers that can give you advice and help you fight your ticket. You will have to decide whether it is worth the extra money you will need to spend on this type of assistance.

Whether you hire a lawyer or decide to represent yourself, it’s critical that you be prepared for your court date. Get as much information as possible and know what you are going to say to the judge. File a motion of discovery as soon as you get your ticket; this is your right to know all of the evidence that is being presented against you and will help you build your case. You can’t fight what you don’t know.

The judge may be willing to lessen or dismiss your charge if you indicate that you are willing to go to traffic school. Check with your local jurisdiction to see if this is an option in your area. A refresher course is always a good idea and will help to prevent further tickets and offenses. It may be your best strategy in how to fight a traffic ticket. If you get a ticket, call 954-967-9888 www.TrafficTicketTeam.com