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Pumphrey Law Blog

Category: Drug Charges

How Accurate are Drug Sniffing K-9s?

November 22, 2023 Criminal Defense, Drug Charges

Law enforcement agencies around the world are beginning to question the reliability of police K-9s trained to detect the scent of certain illegal substances. While both State and Federal police have utilized police canines for their enhanced sight and smell, recent data suggests that the alerts given to the canine handlers may be wrong more often than right. Two studies—one …

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Miami-Dade Police Arrest Two in Fentanyl Trafficking Bust

November 22, 2023 Criminal Defense, Drug Charges

Out of all the various drug offenses, drug trafficking is the most severe due to its mass form of distribution. In recent years, Florida and the rest of the United States has experienced an uprise in controlled substances, namely, fentanyl. Two brothers in South Florida were recently arrested and charged with drug trafficking after an undercover police investigation seized more …

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Recreational Marijuana Initiative Heads to the Florida Supreme Court

November 22, 2023 Criminal Defense, Drug Charges

The Florida Supreme Court heard arguments on November 8, 2023, regarding the proposed ballot measure that could create a constitutional amendment allowing the recreational use of marijuana for adults. The proposed initiative would allow adults in Florida who are 21 years old or older to legally purchase, possess, and use marijuana recreationally. That means while medical marijuana cards still exist, …

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Minnesota Supreme Court Affirms Marijuana Odor is Insufficient Cause for Searching Motor Vehicles

October 26, 2023 Criminal Defense, Drug Charges, News & Announcements

A recent ruling made by the Minnesota Supreme Court eliminated the smell of marijuana coming from a motor vehicle as insufficient grounds for police to justify a warrantless search. It is important to note that the Minnesota Supreme Court’s ruling does not change the legal standards in Florida for determining whether law enforcement may search a vehicle based on the …

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Marijuana vs Hemp: Legality and Differences

October 26, 2023 Criminal Defense, Drug Charges

In the state of Florida, it is important to familiarize yourself with all relevant laws relating to the consumption and possession of marijuana to avoid criminal prosecution. Florida allows marijuana consumption for those who fit the eligibility for medical marijuana and obtain a prescription from an appropriate physician. However, recreational marijuana consumption remains illegal. In this article, we will first …

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Miami Man Pleads Guilty to the Distribution of $16M Worth of Adulterated HIV Medication

October 26, 2023 Criminal Defense, Drug Charges, News & Announcements

A group of individuals, including a defendant from Florida, are facing federal charges in a pharmaceutical fraud operation. The case involved the sale and distribution of adulterated prescription drugs to wholesale pharmaceutical subscribers. This page will provide the case details, along with both the federal and state penalties for such offenses. Case Details On September 25, 2023, the U.S. Department …

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How Do Police Test for Marijuana vs Hemp?

October 25, 2023 Criminal Defense, Drug Charges

Marijuana and hemp have similar characteristics but are ultimately considered two different substances with different effects. These differences are what caused both Federal and State law to update the legislation regarding hemp. In short, you can be prosecuted for illegal cannabis but not hemp. The Agriculture Improvement Act of 2018 first removed hemp from the Federal Controlled Substance Act. Also …

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New Florida Bill Increases Penalties for Fentanyl

September 4, 2023 Criminal Defense, Drug Charges, News & Announcements

Florida Governor Ron DeSantis first announced his plan for cracking down on fentanyl-related cases at the January 2023 Miami Police Benevolent Association. Since then, Florida lawmakers have been working on amending various drug statutes to help fight the growing issue of fentanyl overdoses. As of May 1, 2023, Gov. DeSantis signed HB 1359 into law, amending the current penalties for …

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Federal Gun Ban for Cannabis Consumers Rejected by Appeals Court

August 28, 2023 Criminal Defense, Drug Charges, News & Announcements

A federal court in New Orleans just ruled that restricting marijuana users from possessing a firearm is unconstitutional. A three-judge panel of the U.S. Fifth Circuit Court of Appeals unanimously found the 1968 law conflicts with a citizen’s right to carry a firearm. More specifically, prohibiting a person from purchasing or possessing a firearm when declared an “unlawful user” of …

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