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.

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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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Published in: on January 5, 2012 at 7:00 pm  Comments Off on trafficticketteampot3  

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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Red Light Cameras Irresponsible

Traffic Ticket Team

Red Light Traffic Ticket Team

According to the New Times of Broward, Red-light cameras, when misused by idiotic and irresponsible public officials, can be one of the great scourges of America.  ​That much is fact. Even when they are used with some semblance of jurisprudence, they might be flat-out illegal. We’ll just have to see how the court challenges turn out. But in the wrong hands, they can be downright evil. Check out this Miami Herald story on the poor people of Aventura — and all others who drive in that city — who are getting shaken down by their own government for hundreds, sometimes thousands of dollars. Their “crime”: Rolling a red light on a right turn. You do it all the time even if you don’t know it. You come up on an intersection, see there’s no cars coming, and never quite come to a complete stop. In Aventura, this will get you a $125 fine for the first offense, $250 for the second, and a whopping $500 for each additional. It’s obscene, and making it worse is that if one of the cameras got installed at a red light near you, you could rack up multiple fines before you get the notice in the mail telling you did anything wrong in the first place. Responsible towns don’t do this. Pembroke Pines, which was the first city in Broward to install the cameras (send your thanks to Angelo Castillo), doesn’t do it. West Palm Beach did it for a while but then realized how grotesque it was. In May, WBP not only discontinued the practice but decided to refund all the money it generated from such fines back to the citizens who paid them. But some towns just don’t get it. Here’s the top of the Herald story: Jeff and Patricia Rudman have an unexpected $2,000 bill to pay. The Sunny Isles Beach clothing salesman came home from work to find his pregnant wife sobbing, holding several tickets for failing to come to a complete stop at a camera-monitored red light in Aventura. After a $125 ticket in the mail the previous day, five more — amounting to $1,875 more fines — were dropped in the mailbox that afternoon. All of them were for making only a rolling stop before a right turn at Aventura Boulevard and West Country Club Drive, nabbed by one of the red-light violation camera fast spreading throughout South Florida. And all were within a weeklong period. “Two-thousand dollars to anybody right now is a hit, and to us, with a third kid coming, it’s beyond. It’s just way too much,” Jeff Rudman said. Rudman is among a contingent of South Floridians who’ve received multiple tickets for red-light violations before they even knew they were breaking the rules. “We didn’t have a chance to learn what we did wrong,” he said. “I don’t think anybody in their right mind, knowing full well that the oven is hot, is going to put their hand in the oven. We didn’t get the opportunity to get burned the first time.” … City officials argue the law against running red lights has been on the books for decades, and drivers who break the law shouldn’t complain when they get caught. “That requirement that you come to a complete stop before turning right on red, it’s been a state law for many, many years,” said Joanne Carr, Aventura’s community development director. First off, Joanne Carr should be fired. Period. She obviously has no understanding of basic concepts like justice and fairness. Next every elected official in the town should be run out on a rail. Don’t pay these fines. Go to court and fight them. Judges, do your duty and dismiss the cases one after another until the derelict cities follow in West Palm Beach’s footsteps. If you get caught speeding, running a red light, stop sign or DUI, you should call the Traffic Ticket Team, http://www.trafficticketteam.com, to fight your Florida Traffic Ticket. If you get a traffic ticket for anything, speeding, red light, DUI or anything else, call us anytime to fight your traffic ticket at 954-967-9888, Law Offices of Jason A. Diamond, P.A. and Diamond, Kistner & Diamond.  Our attorney’s have handled over 1,000,000 traffic tickets so before you call some random ticket clinic to help you, call a Team of lawyers who handle every case as if was our own.

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RED LIGHT CAMERA’S DECLARED ILLEGAL

Cities throughout the state scrambled Monday to review their red-light camera programs after a circuit judge ruled that Aventura is illegally using the traffic devices to catch motorists. Although the case is being appealed, its eventual resolution will influence at least 26 cities statewide that have installed red-light cameras. They include Pembroke Pines, Hallandale Beach, Boynton Beach and West Palm Beach. Invoking opinions issued by the state attorney general in 1997 and 2005, Miami-Dade Circuit Judge Jerald Bagley said traffic laws are the purview of the state and that police officers should witness — and then issue tickets to — red-light runners. Relying on a traffic camera alone, without an officer at the intersection, was “invalid,” Bagley said, according to a transcript of his summary judgment issued Monday. City officials argued red-light cameras prevented accidents and they sidestepped state law by issuing code violations, not traffic tickets. The vehicle’s owner, not the driver, was cited. No traffic points were issued and fines generally cost $125. Appeals could be made only to a special magistrate, who typically worked for the city. “Red-light cameras save lives and the state of Florida has been too slow to approve this life-saving measure, forcing cities to do what they themselves should be doing to protect residents,” said Pembroke Pines Commissioner Angelo Castillo. But traffic lawyers and some motorists say local governments overreached.  The State should run the traffic ticket laws said Jason Diamond from the Traffic Ticket Team, www.trafficticketteam.com. Several hundred drivers from throughout the state last year joined class-action suits filed against Pembroke Pines, North Miami, Homestead, Orlando and more than a dozen other local governments. Pembroke Pines officials have already set aside $253,919 in an escrow account from the 3,072 citations issued since March 2009. It has cameras posted at Southwest 129th Avenue and Pines Boulevard, but postponed the installation of several more until a lawsuit filed by more than two dozen drivers is settled. “We are aware of the order,” said Michael Cirullo, who is helping represent Pembroke Pines in a suit pending against the city’s red-light program. “We have yet to fully review the order, but when we do, we will be evaluating it to see whether it will have any effect on the city’s program.” Officials in West Palm Beach, which began using a red-light camera system on Sunday, said their city will be unaffected by the ruling because it was in a different circuit court.  “We have not had time to completely review the case. However our system will remain active,” city spokesman Chase Scott wrote in an e-mail. “Before we issue a ticket, the incident is reviewed by three people and then a link to watch the video is issued along with the violation. We believe the cameras save lives and prevent injuries to pedestrians and other drivers.”  Fort Lauderdale City Attorney Harry Stewart said he had not seen the order yet, but based on what he’d heard, the city might wait for the appeal to be decided before installing the cameras at 10 intersections. The city on Feb. 3 approved a 39-month contract with American Traffic Solutions in Kansas and hoped to start reaping about $1.8 million a year.  “In order to evaluate whether we should dump our program or continue forward, we need to be able to see the order and evaluate the legal determinations therein,” Stewart said late Monday afternoon. City Attorney Brian Shutt said his city was prepared for the controversy. “We have a provision that says we won’t proceed forward with implementing or installing the cameras until there is state law that provides for this or until there is a favorite court ruling that allows them,” he said. The issue came up in the state Legislature last year, only to fail after lawmakers disagreed over how to apportion the ticket proceeds. In March, the Legislature will consider a bill that would allow cities and counties to use traffic cameras. Part of the proceeds from fines would go to trauma centers, hospitals and nursing homes. If you got a red light traffic ticket, call the Law Offices of Jason A. Diamond at the trafficticketteam.com, 954-967-9888.

TRAFFIC TICKET TIPS YOU MUST KNOW.

TOP 10 TRAFFIC TICKET FACTS THAT EVERYONE SHOULD KNOW:

1] Total number of people who receive a speeding ticket everyday-100,000

2] Speeding ticket issued in a year-41, 000, 0000

3] One out of 6 drivers is issued speeding tickets.

4] Cost of speeding ticket is $150

5] Total money amassed through speeding ticket fine is $6,150,000,000

6] Cost of insurance hiked for 3 years after one speeding ticket issued is $1050

7] Excess money made by insurance company in a year is $43.500, 000,000

8] Total percentage of people who never contest after receiving speeding ticket is 95%

9] Total percentage of people whose case gets dismissed or whose charges gets reduced without a lawyer is less than 5%

10] Total percentage of people whose case gets DISMISSED or whose charges gets reduced to NO POINTS with a Traffic Ticket Team lawyer is 99%