Changes to Marijuana Prosecutions in Hillsborough County

From the Tampa Legal Team: News you can use. Memo has gone out from Andrew H. Warren, State Attorney for the 13th Judicial Circuit regarding changes to marijuana prosecutions in Hillsborough County, as follows:

“Effective immediately, our office will not file charges nor prosecute any cannabis case with an offense date on or after July 1, 2019 without a scientifically reliable, admissible test that proves beyond a reasonable doubt that the substance contains a THC level above the 0.3% threshold that distinguishes illegal cannabis from legal hemp. Among cannabis-related offenses, our office will continue to prioritize felonies: trafficking, manufacturing, delivery, sale, possession with intent, and felony-amount possession cases, while continuing to deprioritize the prosecution of misdemeanor cannabis cases in favor of established diversion and civil citation programs. Also, we will continue to prioritize the prosecution of cannabis-related felonies in which other felonies are part of the same transaction or occurrence, such as [a] felon in possession of a firearm or offenses involving other controlled substances.”

State Attorney Andrew H. WArren, 13th Judicial Circuit, Florida.

Joe’s Commentary on Changes to Marijuana Prosecutions:

This memo is too important to make light of or over emphasize. It’s just one defense lawyer’s opinion, but I think Mr. Warren has struck a blow for fairness and equality and ought to be applauded for the depth and quality thought that is behind the broad philosophy expressed therein. I for one think it will make a real difference in our community.

Plain Smell problems

Lawyers, judges and law enforcement officers have been wrestling with the fine points of the “plain view” exception to the warrant requirement since around 1980, but as sometimes happens, the doctrine has grown to include “plain feel” cases and most notably for the hemp v. marijuana discussion, “plain smell” cases.

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