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Pumphrey Law Blog

Category: Drug Charges

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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Corrections Officer Takes Medical Marijuana Firing Case to Florida Supreme Court

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

The legal confusion and misconceptions surrounding medical marijuana continues to puzzle Floridians. In one recent case, a Department of Corrections officer is taking matters to the Florida Supreme Court after getting fired for his prescribed use of medical marijuana for PTSD. The case brings up the ongoing issue of whether Floridians should be allowed to possess a firearm while they …

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NBA Removes Marijuana from Prohibited Substance List

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

A new agreement signed by the NBA Players Association and NBA league officials has removed cannabis from its list of banned substances. While random drug screenings may still occur for players, there will be limits to the specific punishments. The agreement comes after both the NFL and MLB have adopted similar agreements to become more lenient on marijuana use. This …

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Understanding “Intent to Sell” in Florida

July 17, 2023 Criminal Defense, Drug Charges

Florida takes the possession of controlled substances extremely seriously, with specific laws and penalties in place for those who are caught with unlawful substances in their possession. However, understanding the legal nuances between the differing drug charges can make a difference in determining the severity of penalties a defendant may face. While a simple possession charge refers to having illicit …

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Recent Drug Busts in Tallahassee

July 17, 2023 Criminal Defense, Drug Charges, News & Announcements

Florida takes a harsh stance against controlled substances. Those involved in the sale or distribution of unlawful substances may face prosecution in both State and Federal court for drug trafficking. The following lists two recent drug busts in Tallahassee along with relative information on drug trafficking in Florida. Case Details Operation Agua Azul – The Jackson County Sheriff’s Office has …

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