Pumphrey Law Blog

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession of a controlled substance (illegal drugs) is generally a felony offense. But if someone is discovered with items that law enforcement connects with the use or intended use of the illegal substance(s), someone may also be charged with use or possession with intent to use drug paraphernalia (Fla. Stat, 893.147). Florida law defines drug paraphernalia as any …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession of drug paraphernalia (Fla. Stat. 893.147) is a very serious offense. Use of or possession with intent to use drug paraphernalia is considered a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Drug paraphernalia is defined as any item or object used, intended to be used, or designed to be used …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the difference between simple possession of a controlled substance and possession with intent to sell is primarily determined by specific factors that indicate a defendant’s intent to sell or deliver the substance, as opposed to simply using it for personal use or consumption. But what turns simple possession into possession with intent to sell, manufacture, or deliver? This …

July 18, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession with intent to sell marijuana (PWITS) is a very serious felony offense. Under Fla. Stat. Section 893.13(1)(a), this charge arises if someone is accused of possessing marijuana (or other controlled substance) with intent to sell, manufacture or deliver the substance.  Possession with intent to sell marijuana is typically a second-degree felony (punishable by up to 15 years …

July 8, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, use of or possession with intent to use drug paraphernalia – even without possession of the underlying drug – is a criminal offense. Fla. Stat. Section 893.147 makes use of or possession with intent to use drug paraphernalia a first-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.  However, …

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

A major Florida court recently answered a common question – can a K-9 (police dog) sniff of a vehicle that alerts an investigating officer to the potential presence of drugs serve as probable cause for a search? The Fifth District Court of Appeal says no. This article will discuss the Fifth DCA’s Ford v. State ruling and what it means …

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 …