Pumphrey Law Blog

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

After hemp and medical marijuana legalization, Florida’s District Courts of Appeal have voiced differing opinions on how the “plain smell doctrine” should be applied to the odor of marijuana. In Florida, the “plain smell doctrine” is a hotly debated legal concept that serves as an extension of the “plain view doctrine.” It allows law enforcement to perform a probable cause …

October 3, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida Appeals Court Rules the Smell of Marijuana is No Longer Considered Probable Cause in Florida On October 2, 2025 a Florida appeals court ruled that the smell of marijuana alone is no longer enough to establish probable cause for a search, reasoning that the odor is indistinguishable from legal substances like hemp and medical marijuana. As a result, law …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the “plain smell doctrine” is one of the most discussed and controversial areas of criminal law. However, it is often not well understood. This blog will discuss the state of the plain smell doctrine in Florida by answering frequently asked questions about this key legal issue. #1 – What is the “plain smell doctrine”? The “plain smell doctrine” …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

The “fruit of the poisonous” tree doctrine is a legal doctrine that excludes evidence obtained from illegal searches, seizures or interrogations from being used in court. It is derived from the Fourth Amendment to the U.S. Constitution, which protections Americans against unreasonable searches and seizures by government agents – including law enforcement. During an investigation, law enforcement will often discover …

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, …