Pumphrey Law Blog

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A popular legal question in Florida is whether the scent of marijuana alone can serve as probable cause for a police officer to search a vehicle. As Florida has already legalized hemp, the scent of which is indistinguishable from fresh marijuana, some courts have ruled the scent of marijuana alone cannot serve as probable cause for a vehicle search. Baxter …

June 6, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court has ruled that a drug not recognized by name in Florida’s law prohibiting possession of substitute cathinones (bath salts) is still illegal and subject to the same criminal penalties as other controlled substances recognized by name under the statute. This article will discuss the Fourth District Court of Appeal’s Jackson v. State ruling, and what it …

May 21, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the possession of synthetic cathinones is criminalized under Fla. Stat. Section 893.13 and Fla. Stat. Section 893.135 . If someone is found to be in actual or constructive possession of synthetic cathinones, is manufacturing these with the intent to sell them, delivers or attempts to deliver them to another, or traffics them, this can carry severe criminal and …

August 30, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

Is “Plain Smell” of Marijuana Probable Cause in Florida? A Major New Court Ruling Says No For decades, Florida courts have generally agreed that the plain smell of marijuana is sufficient for police officers to conduct a search of a person or their vehicle, often referred to as the “plain smell doctrine.” But a new ruling from a major Florida …

June 26, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, Theft/Property Crimes, Violent Crimes Social Share

Before October 31, 1998, the Florida Criminal Punishment Code consisted of restrictions on the maximum and minimum penalties for felonies of various types in Florida. On that day, Florida’s Legislature changed the criminal punishment code to allow a judge in their discretion to give – without any reason either written or otherwise – the maximum penalty for each felony crime …

May 18, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

With the increasing legalization of marijuana across the country for recreational and medical use, law enforcement search policies surrounding the substance are evolving with the law. Florida is no exception. In Florida, the odor of marijuana formerly served as probable cause for officers to search a suspect or their property. However, Florida’s legalization of medical marijuana in 2017 and the …

May 16, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In April, the Florida Supreme Court ruled that a proposed ballot amendment which would legalize marijuana use across the states would face a vote in the 2024 election. This means voters in Florida will have the chance to legalize the possession of up to 3 grams of marijuana for those over the age of 21. The amendment needs 60 percent …

May 2, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Two new pieces of Florida legislation have been signed into law this week. SB 718 and SB 66 are both related to drug crimes, specifically those including the presence of fentanyl. Based on the findings by Florida Gov. Ron DeSantis, along with reports from law enforcement agencies, emergency medical employees and police agents who respond to calls of fentanyl possession …

May 2, 2024 Don Pumphrey, Jr. Criminal Defense, Drug Charges, News & Announcements Social Share

We’ve previously covered the Smart & Safe initiative to let Florida voters decide if marijuana should be legalized recreationally in the state. The Florida Supreme Court has given response to the challenge made by the Attorney General over the ballot’s language. Despite Ashley Moody claiming that the legalization initiative would confuse voters, the Supreme Court disagreed. In a 5-2 ruling, …