Understanding Medical Marijuana and Amendment 2 in Florida

Cannabis has long been a hot topic in American politics. Here in Florida, medical marijuana is increasingly the subject of legislation and awareness campaigns on both sides of the issue. Marijuana, hashish, and hash oil are all derivatives of the cannabis plant (Cannabis sativa). This article attempts to SUMMARILY shed some light on upcoming Florida medical marijuana legislation. Let’s start at the beginning.

Brief History of Cannabis. At the founding of the United States of America, cannabis was viewed as an important medicine. Widespread use of Cannabis began in China around 2727 B.C. where it was used as a medicine for gout, malaria, and rheumatism. Over centuries, its cultivation spread to India, Africa, and Europe for medicine, recreational use, and to produce paper and cloth. Europeans brought cannabis to the US during colonization and it was a medicine for many ailments including cholera, typhus, alcoholism, rabies, leprosy, and insanity. At the time, it was referred to as cannabis or Hemp. The declaration of independence was written on hemp paper, and the first American flag was woven with hemp fibers.

Criminalization of Marijuana.There are several social and economic-based explanations for how Cannabis eventually becoming demonized. It is believed that investors in timber and synthetic and cotton fabric industries sought to squeeze out hemp as a competitor and teamed up for smear campaigns against cannabis to the general public. Also, during the Mexican revolution in 1910, recreational use of cannabis became more popular. Some say, the anti-marijuana camp capitalized on growing anti-Mexican sentiment during the great depression and relabeled cannabis as “marijuana,”  the Mexican name for the plant. 

Propaganda campaigns claimed marijuana makes white women want to have sex with blacks and Mexicans, and makes people kill, rape, go insane, and commit suicide.[1] Cannabis was re-branded from medicine to dangerous drug in the eyes of the public. By 1937 it became an illegal drug under Federal Law.

Medical Marijuana in Florida

Today, scientific studies have proven cannabis to be an effective treatment for many health problems including pain, PTSD, asthma, and glaucoma. Laboratory testing has revealed no serious adverse side effects. It is currently used to treat cancer and terminal illnesses across the globe. On June 16, 2014, Florida passed the Compassionate Medical Cannabis Act of 2014 (Chapter 381.986, Florida Statutes). Under the Act, physicians licensed under Chapter 458 and 459 of the Florida Statutes are authorized to prescribe cannabis low in THC content, or low-THC cannabis, to qualified patients. The patient must suffer from cancer or a physical medical condition that chronically produces symptoms of seizures, or severe and persistent muscle spasms, and there are several criteria the physician must first meet.

Amendment 2. This year, Florida residents will consider the Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, which would legalize the use of medical marijuana for treating specific debilitating diseases that can include symptoms other than seizures or spasms. The conditions will include:

• cancer
• epilepsy
• glaucoma
• HIV
• AIDS
• post-traumatic stress disorder (PTSD)
• amyotrophic lateral sclerosis (ALS)
• Crohn's disease
• Parkinson's disease
• multiple sclerosis

Note that the legislation does not allow general medical (or recreational) use. Qualified caregivers and patients would receive identification cards and be registered with the Department of Health, as would marijuana dispensaries. The Florida Medical Marijuana Legalization Initiative is on the November 8, 2016, ballot in Florida as an initiated constitutional amendment. Arguments for an against this legislation can be found, well... everywhere. Ballotpedia.org is a good place to start.

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[1] Today, many will distinguish hemp from marijuana, specifying that hemp is lower in tetrahydrocannabinol (THC), the chemical in cannabis that causes the “high” feeling. However, during this time in history, the terms were being used interchangeably. There are 100s of chemicals in cannabis, only one of which is THC. There are also hundreds of strains of cannabis.

Personal Injury: The Basics You Should Know

In Florida, you have four years from the date of your accident to file a civil lawsuit, otherwise you may lose the opportunity to have it heard by a court. If the claim is against a city, county, or state government, the statute of limitations is three years. Certain types of accidents, such a boat accident in the Atlantic Ocean or Gulf of Mexico, may have a shorter statute of limitations.

Note that the deadline may be extended in cases where you do not discover the injury until a period of time passed.

To win your case, you must prove carelessness or negligence by the opposing party and the such negligence caused your injury. The big exception is car accidents as Florida is considered a no-fault state. In Florida, all drivers are required to carry a personal injury protection (PIP) policy, covering a minimum of $10,000 per person per. A drivers own insurance is responsible for paying his or her damages, regardless of who is at fault unless the injuries are serious meaning there is

• Significant and permanent loss of an important bodily function
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
• Significant and permanent scarring or disfigurement
• Death

Here at Hines and Associates, we take all personal injury cases on contingency, which means we do not charge anything to handle your case. Instead, we only get paid a percentage of any proceeds if we win your case. Call us now at 813-815-0291.

Reducing Your Sentence Post-Conviction

Even after someone has been convicted and sentenced, there may still be relief. 

A defendant may be able to seek a sentencing reduction under Florida Rule of Criminal Procedure 3.800 even if the sentence was legal. The Rule allows for a sentence to be corrected, reduced, or modified (a) to correct an error such as a miscalculation or illegal sentence or (c) for any or no reason, under the judge's discretion. For legal sentences, the request must be made within 60 days of the sentencing. Your lawyer will file a motion with the original judge outlying reasons for the reduction. It will be up to the judge to exercise discretion and allow the sentence to be reduced.

If the defendant believes the sentence was incorrect or illegal on some grounds, a motion to alter the sentence may be filed at any time. The reasons should be thoroughly researched by your attorney before presenting the motion. (Note that the motion to alter or reduce the sentence does not challenge the conviction. Rather, it assumes the crime and challenges the punishment). One frequently encountered sentencing error arises under Section 775.082(10), Florida Statutes. The statute states:

If a defendant is sentenced for an offense committed on or after July 1, 2009, which is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding any third degree felony violation under chapter 810, and if the total sentence points pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a nonstate prison sanction. However, if the court makes written findings that a nonstate prison sanction could present a danger to the public, the court may sentence the offender to a state correctional facility pursuant to this section.

This means you may have committed a crime that has a maximum penalty of five years but may only be sentenced to a year or less. This statute was enacted in 2009 as a part of a cost-savings measure for the Department of Corrections, and the legislative staff analysis characterized the statute as a prison diversion approach pursuant to which the trial court was required to sentence certain non-violent low-scoring offenders to a non-state prison sanction unless the court finds that such a sentence could endanger the public.

If you or someone you know has a sentence you would like to be reduced, call us now at 813-815-0291.

How to Fight a Speeding Ticket in Florida

If you received a traffic ticket in Florida, you are required to satisfy your traffic citation within thirty (30) calendar days. If your drivers license is in good standing typical options are:

1. Traffic school: The benefits of electing the traffic school option in Florida are that your auto insurance cannot go up and your policy cannot be cancelled. If you complete a state approved traffic school course and submit your certificate of completion to the clerk of court in the county where you received the ticket by their specified deadline adjudication is withheld, which means you are not deemed guilty and you received no points. 123Driving.com offers Florida DMV approved traffic school online. 
2. Pay the civil penalty: If you pay the full fine points will be applied against your drivers license when applicable and your auto insurance rates may go up or your policy may be cancelled.
3. Request a court appearance: If you elect the option to request a court appearance for the violation(s) it is a good idea to hire an attorney to assist you.

General Defenses

Speeding is a strict liability offense in Florida, which means that your intent in driving over the speed limit is not an issue. if the prosecutor shows that you were driving in excess of the posted speed limit, the evidence is sufficient to sustain a conviction.

There are, however, some defenses to a speeding ticket in an absolute speed limit state, including:

• Your excessive speed was caused by dangerous actions of law enforcement officers
• You encountered a sudden emergency which could only be avoided by driving your car above the speed limit
• You were not driving the speeding vehicle
• Your vehicle was not the vehicle that was speeding
• The police officer who gave you the speeding citation was out of his jurisdiction (the place where he has authority to write a traffic ticket), the officer did not engage in “hot pursuit” to stop you, and state law did not extend the officer’s jurisdiction

Defenses to Radar Systems and Laser Guns

Depending on the method used to determine your speed, your Florida traffic attorney may be able to challenge the officer’s assessment of your speed. You must know that method the officer used, then the attorney will base the challenge on the method of determining your speed.

Laser and radar guns must be calibrated professionally every six months, and must be calibrated at the beginning and end of the officer’s shift, using accepted practices. Your attorney can question the officer about the calibration testing done on the machine used to clock your speed. The officer must also be trained in the use of radar or laser, and your attorney will ask him or her to produce documentation which proves this training.

Laser

Laser speed guns used by police can measure distance and calculate speed by comparing the change in distance against a specific span of time. Your defense might be that the gun was measuring some object other than your vehicle. Your attorney may be able to challenge the officer’s identification of your vehicle, particularly if your vehicle is similar to many others on the road.

It would be very helpful for you to have an attorney in this situation because the equipment and the defenses are complex.

Radar

A radar system like the kind used by police to monitor traffic simply tells the operator how fast the vehicle with the most dominant reflective surface is going, but can’t measure distance or pick out one moving vehicle among several. It’s up to the officer to make that discretionary call. One of the best defenses against a radar unit is that the radar system picked up another vehicle or more reflective surface instead of your vehicle. Reflective or interfering surfaces can include:

• Metal traffic or other types of signs (even neon signs)
• Utility lines
• Power stations
• Vehicles moving around you in dense traffic.

Aircraft

If the officer measured your speed via aircraft, then both the aircraft officer and the ground officer must show up for your court hearing. If one of them does not show up, your attorney may request your charges be dismissed.

If you received a speeding ticket in Tampa, Florida or Saint Petersburg, Florida call Defense Attorney Jhenerr Hines at  813-815-0291.

Should I take MIP (Misdemeanor Intervention)?

There are three ways to have criminal charges dismissed: (1) a not guilty verdict after trial; (2) a nolle prosequi (i.e. the state attorney decides not to prosecute the case); or (3) a dismissal after completing a diversion program. Hillsborough, Pinellas, and Pasco counties offer diversion programs for first-time offenders. The Pretrial Intervention Program is available for most third degree felony charges, while the Misdemeanor Intervention Program or MIP is offered to misdemeanor first-time offenders.  The MIP requirements vary by offense but will generally involve taking a class, paying fines, and completing community service hours and supervision. MIP generally takes six (6) months, but may be submitted for early termination after ninety (90) days upon completion of all conditions of the agreement. Once the program is completed, the State Attorney will drop the case. This allows the defendant to avoid a conviction and a potentially damaging criminal record. For many, this program is the best option. There are, however, some things about MIP most people are not told before enrolling.

Requirements

First, to start the process, you must complete and submit an application and wait for a representative of the Salvation Army to contact you to schedule a meeting. The terms and conditions are discussed at this meeting. 

Second, once accepted into the program, you will have to agree to supervision which requires you to: 

1. Keep the Misdemeanor Intervention Program Supervisor advised of your current address, place of employment, and/or educational institution (where you also grant the supervisor permission to visit);
2. Be completely law abiding during the term of this Agreement; and
3. Submit to any psychological, drug, alcohol or any other examination or evaluation ordered.

Additionally, various special conditions may be imposed for certain offenses such as possession of marijuana (drug evaluation), or battery (anger management).

Third, you will also incur costs while going through the program. Common costs are:

application fee - $20

cost of prosecution fee - $50

cost of investigation - $75

donation to the Victims’ Assistance Fund - $75

cost of investigation - $70 and

cost of supervision - approximately $350

Alternatives

If you are innocent of the charge, if evidence was gathered illegally, or if the prosecutor has insufficient evidence - then it may be in your best interest to pursue another route, such as filing an appropriate motion or taking the case to trial. If the time to complete the program is a deterrent, you may ask your attorney to pursue a "withhold and court costs." The case can end after one hearing with no probation or jail, although it does require a plea be entered before the judge. 

It is very important to thoroughly discuss your options with a lawyer as you may face up to 60 days in jail or 6 months of probation after rejecting MIP. If you or someone you know has been charged with their first offense, call Jhenerr Hines at 813-815-0291.

Happy 4/20 Tampa!

In March, Mayor Bob Buckhorn signed a measure into law that prevents people found with small amounts of marijuana, specifically 20 grams or less, from being put in jail. Instead, those found with these amounts will pay a citation, similar to getting a traffic ticket.

 

 

First time offenders pay a $75 ticket, second time offenders will be squeezed to the tune of $150. For third time offenders, a fine of $300, and for four or more times, $450. How much is 20 grams? Roughly three-quarters of an ounce, of marijuana.

This picture was so funny I had to share, but happy 4/20! Blaze responsibility!