Understanding Drug Crimes in Tampa Bay
Drug crimes are taken seriously in Tampa Bay and can result in severe penalties, including fines and imprisonment. These charges can range from possession and distribution to trafficking and manufacturing. In some cases, the severity of the charges can be influenced by the type of drug involved, the quantity, and the location of the offense.
Drug Crime Defense Strategies
As a seasoned drug crimes defense attorney, Casey the Lawyer has developed several strategies for defending his clients against drug-related charges. Some of the most effective defense strategies include:
- Challenging the evidence: In many cases, the prosecution’s case hinges on the evidence gathered by law enforcement. By challenging the admissibility of this evidence, a skilled attorney can weaken the prosecution’s case and potentially get the charges dismissed.
- Questioning the search and seizure: Law enforcement officers must follow specific procedures when conducting searches and seizures. If these procedures are not followed correctly, any evidence gathered may be inadmissible in court.
- Arguing entrapment: In some cases, law enforcement may use tactics to lure individuals into committing drug crimes that they would not have otherwise committed. An experienced attorney can argue that the individual was entrapped and should not be held accountable for their actions.
Why Choose Casey the Lawyer
Choosing the right attorney can make all the difference in the outcome of your case. When it comes to drug crimes defense, Casey the Lawyer has a reputation for being one of the best in the Tampa Bay area. Some of the reasons why clients choose Casey include:
- Years of experience: Casey the Lawyer has been practicing law for over 30 years and has handled numerous drug crimes cases during that time. He understands the intricacies of these types of cases and knows how to build an effective defense strategy.
- Personalized attention: Casey the Lawyer understands that every case is unique, and he takes the time to get to know his clients and their specific circumstances. He works closely with clients to develop a strategy that best meets their needs and goals.
- Results-driven approach: Casey the Lawyer is committed to achieving the best possible outcome for his clients. Whether that means negotiating a plea deal or taking the case to trial, he is dedicated to protecting his clients’ rights and achieving a favorable outcome.
If you or someone you know is facing drug-related charges in Tampa Bay, don’t wait to seek out legal guidance. Casey the Lawyer is here to help. Contact his office today to schedule a consultation and learn more about how he can help defend you against these serious charges.
Citations:
- Florida Statute §893.13 – Drug Abuse Prevention and Control
- Florida Bar Association – Criminal Law Section
- American Bar Association – Criminal Justice Section
Drug Crimes in Tampa Bay: Understanding the Consequences
Drug crimes in Tampa Bay can have serious consequences, ranging from steep fines and probation to lengthy prison sentences. The severity of the punishment depends on the specifics of the crime and the type of drug involved.
In Florida, drug crimes fall under the state’s Drug Abuse Prevention and Control statutes, specifically Chapter 893. These laws set out the various offenses related to drug crimes and the associated penalties.
Some of the most common drug crimes in Tampa Bay include:
- Possession of controlled substances: This offense involves possessing illegal drugs or prescription drugs without a valid prescription. Possession of controlled substances is a misdemeanor, but the severity of the charges depends on the quantity of drugs involved.
- Drug trafficking: Drug trafficking involves the sale, purchase, manufacture, delivery, or possession of large quantities of illegal drugs. This offense carries a minimum mandatory sentence of three years in prison and up to life in prison, depending on the specifics of the case.
- Drug manufacturing: This offense involves the production of illegal drugs, such as methamphetamine or cocaine. Drug manufacturing is a serious offense and carries significant penalties.
- Prescription drug fraud: Prescription drug fraud involves obtaining prescription drugs through fraudulent means, such as by forging a prescription or using someone else’s prescription. This offense can result in severe penalties, including imprisonment.
Drug Crimes Defense Attorney in Tampa Bay: W.F. “Casey” Ebsary, Jr.
If you or someone you know has been charged with a drug crime in Tampa Bay, it’s essential to seek out the services of an experienced drug crimes defense attorney. W.F. “Casey” Ebsary, Jr. is a seasoned attorney who has represented countless individuals facing drug-related charges. His experience, knowledge, and dedication make him a top choice for those in need of legal guidance.
Casey the Lawyer understands that every case is unique and requires a personalized approach. He works closely with his clients to understand their specific circumstances and goals and develops a defense strategy that best meets their needs.
Some of the reasons why clients choose Casey the Lawyer include:
- Dedication to achieving the best possible outcome: Casey the Lawyer is committed to protecting his clients’ rights and achieving the best possible outcome for their case. He has a track record of success and has helped many clients get their charges reduced or dismissed.
- Extensive experience: Casey the Lawyer has been practicing law for over three decades and has a wealth of experience in drug crimes defense. He knows the ins and outs of these types of cases and understands how to build an effective defense strategy.
- Personalized attention: Casey the Lawyer understands that facing drug-related charges can be overwhelming and stressful. He provides his clients with personalized attention and support throughout the legal process.
Contact Casey the Lawyer Today
If you or someone you know is facing drug-related charges in Tampa Bay, don’t wait to seek out legal guidance. Contact W.F. “Casey” Ebsary, Jr. today to schedule a consultation and learn more about how he can help defend you against these serious charges.
Citations:
- Florida Statute §893.13 – Drug Abuse Prevention and Control
- Florida Bar Association – Criminal Law Section
- American Bar Association – Criminal Justice Section
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Tampa Police Easy on #Cannabis at #Gasparilla?
Are Tampa Police Easy on #Cannabis at #Gasparilla?
2019 Drug Crimes Arrests
ZERO
Felony Arrests
1 Domestic Battery
2 Battery on a law enforcement officer
2 Criminal mischiefMisdemeanor Arrests
1 Obstruct Oppose w/o Violence
2 Minor Possession Alcohol
3 Disorderly ConductVideo – Tampa Police and Cannabis Arrests
What are Tampa Police Doing About Marijuana Possession?
I’m driving down Bayshore Boulevard scene of the largest party in the State of Florida, the Gasparilla pirate fest. There were hundreds, if not thousands, of police out here and there wasn’t a single arrest for cannabis; or for that matter for any drug crime.
So answer the question, “What are Tampa police doing about marijuana and arresting for marijuana?” I would say this year’s festival would establish that they are doing nothing about marijuana criminally.
But, there is a civil citation program where they can issue a ticket for possession of marijuana. For more details:
https://go2attorney.com/2019/01/17/staying-safe-and-festive-at-gasparilla-arrest-criminal-defense/
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Drug Crimes Defense – Tampa Board Certified – 813-222-2220
Drug Crimes Lawyer Tampa
“Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer”
Casey Ebsary is a Board Certified Trial Lawyer with diverse criminal litigation experience in drug cases.813-222-2220Fast, Easy, and Free Phone Consultation directly with a Board Certified Criminal Trial Lawyer. I will personally speak to you about your charges.Conveniently Located: Tampa, FloridaLaw Office of W.F. ”Casey” Ebsary Jr2102 W Cleveland StTampa, Florida 33606(813) 222-2220centrallaw@centrallaw.comGoogle Review Links
Call Casey at 813-222-2220 or Toll Free 1-877-793-9290.Check Out our Reviews
Drug Crimes Defense Attorney Reviews“Casey’s strong arguments during the hearing made all the difference …”Written by: Google+ User5.0 / 5 starsMore Reviews are Here:Drug Crimes Defense Attorney -
Violation of Probation in Tampa Bay, Florida – New 1 Minute Video
Violation of Probation in Tampa Bay, Florida Violation of probation cases are usually handled by the judge or in the division that the case was originally heard. Many of these cases can be resolved by trying to complete the conditions of probation before a court date.
Violation of Probation for Drug Cases in Tampa Bay, Florida
If a case can be handled before a warrant is issued, then jail may be avoided. Many of the judges in both felony and misdemeanor cases issue warrants for violating probation without a bond. That means that you will stay in jail until a court date is set.
In this 1 minute video, Casey Ebsary notes that if you have been charged with Probation Violation, Violation of Probation, or VOP in Florida, a Tampa Criminal Defense Attorney can and will protect your rights. Some Florida circuit courts have special divisions that handle violation of probation allegations.
Drug Treatment for Probation Violation
A Tampa Drug Lawyer noted that a celebrity returned to a California to continue her drug rehabilitation. A judge had ordered her to enter drug treatment. She had previously filmed the VH-1 reality show “Celebrity Rehab with Dr. Drew.”Tampa Hillsborough County, Florida Circuit Judge Daniel Perry asked Florida probation officials contact California probation officials. Treatment was ordered late last year. Hillsborough County and Tampa Bay Area Judges are more and more inclined to offer drug treatment instead of jail.Tampa Drug Lawyer for Violation of Probation
Often a probation violation comes when the highly technical conditions of probation have been violated. We can and help. Sometimes, violation of probation can occur for being arrested for a new charge. We may be able to help there also. We want to prevent or minimize time spent in jail. Video Courtesy CentralLaw.com – Probation Violation
Violation of Probation? Call Today For a Free Phone Consultation 1-877-793-9290 .
Federal Violation of Supervised Release
Casey is available to help in federal violation defense
matters by contacting him Toll Free 1-877-793-9290.Sentencing guidelines apply in federal cases where United States district court judges are deciding what to do about alleged violations of conditions after sentencing in a federal case. These judges have much discretion. Although they use the United States sentencing guidelines as an advisory, but not mandatory, resource to decide what, if anything should be done when our federal clients are before the court.In a strongly worded and important per curiam summary reversal today, the Supreme Court reaffirmed its holding in Kimbrough that “district courts are entitled to reject and vary categorically from the crack-cocaine Guidelines based on a policy disagreement with those Guidelines.”In Spears v. United States, __ S.Ct. __, 2009 WL 129044 (Jan. 21, 2008), the Court explained what Kimbrough meant:[E]ven when a particular defendant in a crack cocaine case presents no special mitigating circumstances – no outstanding service to country or community, no unusually disadvantaged childhood, no overstated criminal history score, no post-offense rehabilitation – a sentencing court may nonetheless vary downward from the advisory guideline range. The court may do so based solely on its view that the 100-to-1 ratio embodied in the sentencing guidelines for the treatment of crack cocaine versus powder cocaine creates “an unwarranted disparity within the meaning of § 3553(a)” and is “at odds with § 3553(a).” The only fact necessary to justify such a variance is the sentencing court’s disagreement with the guidelines – its policy view that the 100-to-1 ratio creates an unwarranted disparity.See Spears, __ S.Ct. at __, 2009 WL 129044 at *2 (quoting United States v. Spears, 533 F.3d 715, 719 (8th Cir. 2008) (Colloton, J., dissenting)).Spears is the latest indication that the Supreme Court is running out of patience with appellate courts and government arguments that attempt to artificially narrow judicial discretion post-Booker. Use Spears in any case involving a guideline that does not exemplify the Commission’s characteristic institutional role – meaning any guideline that was not the product of (1) reliance on empirical evidence of pre-guidelines sentencing practice, or (2) review and revision in light of judicial decisions, sentencing data, and comments from participants and experts in the field.These would include the following guidelines, among others:- Career offender
- Child pornography and other sex offenses
- Drugs
- Economic crimes
- Firearms
- Immigration
- Limitations on the availability of probation or other alternatives to
- Incarceration
- Relevant Conduct
For violation of supervised release sample briefs, litigation strategy memoranda and further resources on how to raise these attacks, click “Deconstructing the Guidelines” -
Attorney Qualifications
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Marijuana
Frequently Asked Questions Marijuana Charges in Tampa, Florida | Hillsborough County
Marijuana charges can leave you with a permanent criminal record. Some communities have laws that allow forfeiture or the seizing and taking of a vehicle involved with an alleged marijuana crime. A Tampa marijuana Lawyer who is Board Certified as a Criminal Trial Lawyer, can help save you and your vehicle when there are drug charges including cannabis a/k/a “weed.”
Ask a Lawyer – Free Phone Consultation Call 813-222-2220
Isn’t Marijuana Legal in Florida?
No – the Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Stories of a typical drug bust can be found here.
Florida MarijuanaLaws SummaryLegal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. If and when the law on medical marijuana changes, the drug remains a controlled substance under both State and Federal laws.Here are a Few Frequently Asked Questions FAQ
Can Marijuana Charges be Dropped?
Yes, Florida Drug Court Criminal Defense Attorney, Lawyer Casey Ebsary of Tampa helps with, Marijuana, cocaine, prescription, and other drug charges that can be dropped. We have experience and training as both a drug court Prosecutor and is on the defense side helping people navigate treacherous waters when drug charges are at hand. Call 813-222-2220 for a free consultation at no cost or obligation.Notice: Under Florida law all drug convictions can result in a 2-year (24 month) suspension of driver’s license.We defend cannabis charges in the following Tampa Bay area Florida counties: Hillsborough County, Pasco County, Pinellas County, and Polk County. Possible defenses include search and seizure, constructive possession, invalid search warrants, invalid pat-downs, and Miranda violations, to name a few.You can search this site by entering your question in to the search bar at the top of the right column or below to find more information about defenses that can be used. We have hundreds of pages of information on Florida Drug Laws and Florida Marijuana and Drug Law News. This site is one of the largest sites on the web devoted to Florida Marijuana and Drug Law News and information.
Drug2103 Possession of Cannabis Less than 20 Grams
Florida Courts Do Not Require and Expert or a Lab Test to Prove Possession Charges or to establish the chemical makeup of Cannabis or Marijuana. The field presumptive test and the testimony of the arresting officer is all they need.
Possession of Cannabis
Less Than 20 Grams“the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree”
Form Code: DRUG2103Florida Statute: 893.13.6BLevel: Misd (Misdemeanor)Degree: 1stDescription: POSSESSION OF CANNABIS LESS THAN 20 GRAMSDRUG2103 is one of the most commonly charged offenses in Tampa and Hillsborough County, Florida.Florida Statute 893.13.6B
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL893.13.6(b) If the offense is the possession of not more than 20 grams of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, “cannabis” does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin.
Drug2102 Possession of Cannabis More than 20 Grams
Possession of more than 20 grams of weed is a felony in Florida. Cops can and do attempt to seize and forfeit motor vehicles used during the alleged crime. Additionally, judges and prosecutors can and do seek suspension of a driver’s license for 2 years. In short, Florida drug laws remain harsh for those who do not have a compassionate use medical marijuana card.
Felony Possession of Cannabis Form Code: DRUG2102Florida Statute: 893.13.6ALevel: Fel (Felony)Degree: 3rdDescription: POSSESSION OF CANNABISDRUG2102 POSSESSION OF CANNABIS one of the most commonly charged offenses in Hillsborough County, Florida.Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL893.13 Prohibited acts; penalties.
(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Can Other Drug Charges be Dropped?There are three main ways to avoid a conviction. Win the case at trial, get the evidence suppressed, or have the case diverted into the Drug Court. Criminal Defense Attorney, Lawyer Casey Ebsary of Tampa helps with, Marijuana and other drug charges that can be dropped. Tampa Bay area marijuana / cannabis defense lawyer W. F. ”Casey” Ebsary has experience and training as both a drug court Prosecutor and on the defense side helping people navigate treacherous waters when drug charges are at hand.“drug charges result in suspension of Driver’s License”
Florida State Marijuana
Law Penalty SummaryAside from the drug court, sometimes law enforcement fails to follow the requirements of the Fourth Amendment on Search and Seizure. Courts sometimes suppress evidence and marijuana seized without a valid Search Warrant.The case cannot be prosecuted if key evidence is tossed.What are the Penalties – Florida State Marijuana Law Penalty Summary:
An ever-increasing number of drug charges result in suspension of Driver’s License. Additionally the penalties are listed below. Any conviction can result driver’s license suspension for 6 months to 2 years.“sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison”
Possession:20 g or less Misdemeanor 1 year $1,000
More than 20 g Felony 5 years $5,000Sale or Cultivation:
Delivery of 20 g or less Misdemeanor 1 year $1,000
25 lbs or less Felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) Felony 3 years MinMan* $25,000
2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000
10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000
Within 1,000 feet of school or other Felony 15 years $10,000* MinMan = Mandatory minimum sentence.
Other Penalties:
Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver’s license suspension for 6 months to 2 years.Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.
What Are Charge Codes?
Law enforcement is using rather obscure codes to classify marijuana offenses when they are entered into the various report systems. For your convenience we have decoded a few common cannabis charges:
Drug2103 Possession Of Cannabis Less Than 20 Grams – First Degree Misdemeanor punishable by 12 months in county jail.Drug2102 Possession Of Cannabis – Third Degree Felony Punishable by 5 years Florida State PrisonDrug2300 Possession Of Cannabis With Intent To Sell – Third Degree Felony Punishable by 5 years Florida State PrisonDrug2500 Manufacture Of Cannabis – Third Degree Felony Punishable by 5 years Florida State Prison
Source: 34 Fla. L. Weekly D2306bMarijuana Florida Drug Defense Attorney, Pat Down, Probable Cause, Reasonable Suspicion
Constructive Possession Cannabis | Defense Win
Constructive Possession
Trafficking CannabisThe drug charge was Trafficking in Cannabis. When the state failed to prove the defendant’s constructive possession of cannabis discovered in a suitcase in trunk of her car during a consent search, the defense got a win. The appeals court ruled there must be independent proof that a defendant in a possession of cannabis case had knowledge of presence of cannabis or had dominion and control over a container found in the trunk of a car.Notably, the suitcase had no fingerprints, had jeans of a size fitting a passenger, and the defense put on unrefuted testimony that she was not in exclusive possession of vehicle, a passenger had keys to vehicle and also had access to the vehicle’s trunk. Even though the defendant had nearly $1,000 in cash, the state failed to show that $939 cash in her possession was in any way connected with trafficking in cannabis. The defendant testified the money was for school .The court ruled, “Accordingly, the trial court erred in denying [defendant’s] motion for judgment of acquittal, and we reverse and remand with directions for the court to discharge [defendant] Reversed and remanded . . . .”Constructive Possession of Cannabis Questions? Call me Toll Free 1-877-793-9290 .Constructive Possession of Cannabis Case Excerpts:The defendant “was arrested after the police discovered a suitcase containing cannabis in the trunk of the car she was driving. A jury found her guilty of trafficking in cannabis; possession of a conveyance used for trafficking, sale, or manufacturing of controlled substances; and possession of drug paraphernalia. We reverse because, in this constructive possession case, the State failed to establish [defendant’s] knowledge of the presence of the cannabis or her dominion and control over the suitcase containing the cannabis.”“The facts of this case are analogous to those in K.A.K. v. State, 885 So. 2d 405 (Fla. 2d DCA 2004). In K.A.K., the juvenile defendant was the driver of a vehicle that contained three passengers and was involved in an automobile accident. 885 So. 2d at 406. When the sheriff’s deputy arrived on the scene, he noticed what appeared to be a glass pipe used to smoke drugs on the floorboard of the driver’s side. The deputy searched the car’s interior and discovered a leafy substance that appeared to be cannabis scattered about the driver’s side. In the open glove compartment, the deputy found a box containing rolling papers and tweezers with a burnt tip.”“In cases relying on circumstantial evidence, such as this one, the evidence must also exclude any reasonable hypothesis of innocence propounded by the defense. See Pagan, 830 So. 2d at 803. The evidence must “lead ‘to a reasonable and moral certainty that the accused and no one else committed the offense charged. It is not sufficient that the facts create a strong probability of, and be consistent with, guilt. They must be inconsistent with innocence.’ ” Lindsey v. State, 14 So. 3d 211, 215 (Fla. 2009) (quoting Frank v. State, 163 So. 223, 223 (Fla. 1935)).”“[E]vidence which furnishes nothing stronger than a suspicion, even though it would tend to justify the suspicion that the defendant committed the crime, is not sufficient to sustain [a] conviction. It is the actual exclusion of the hypothesis of innocence which clothes circumstantial evidence with the force of proof sufficient to convict. Circumstantial evidence which leaves uncertain several hypotheses, any one of which may be sound and some of which may be entirely consistent with innocence, is not adequate to sustain a verdict of guilt. Even though the circumstantial evidence is sufficient to suggest a probability of guilt, it is not thereby adequate to support a conviction if it is likewise consistent with a reasonable hypothesis of innocence.”
Source: 36 Fla. L. Weekly D1266aDrug Charge Defense Attorney
Free Phone Consultation 1-877-793-9290Florida Grow House Defense
“Florida law has harsh penalties for thoseconvicted of operating a grow house”Grow House Defense Florida Grow House Defense Attorney in Tampa, Florida, W.F.”Casey” Ebsary, Jr. notes that there have been numerous recent Grow House Busts in Hillsborough, Pinellas, Pasco, and Polk Counties Florida. Some arrests are part of statewide investigations of marijuana grow houses.
Generally charges of cultivating marijuana and manufacturing marijuana are filed. Some Grow house Search Warrants are issued after informant, landlord, or anonymous tips.
Florida Grow House Lawyer
Get professional affordable help from a Florida Grow House Attorney, Former Prosecutor, W.F. “Casey” Ebsary, Jr.,. Casey was an Assistant State Attorney / Prosecutor in the Hillsborough County State Attorney’s Office. Practice also covers Hillsborough, Pinellas, Pasco, Citrus, and Hernando County, Florida.
Board Certified Criminal Trial
Tampa, Florida Grow House Attorney, Casey Ebsary, is Board Certified in Criminal Trial Law by the Florida Bar. Less than one-half of one-percent of Florida’s attorneys have qualified for this distinction. Click on the Florida Bar Board Certified Criminal Trial Icon / Symbol above to review Casey’s qualifications.
W.F. “Casey” Ebsary, Jr. has mastered his skills and earned a Rating of AV Preeminent – the pinnacle of Professional excellence earned through a strenuous Peer review Rating process that is managed and monitored by the world’s most trusted resource, Martindale / Lawyers.com.
Casey is AV Rated – The ratings body has stated: “AV® Preeminent™ certification mark is a significant rating accomplishment – a testament to the fact that [Casey’s] peers rank him at the highest level of professional excellence.”
AV Rated Martindale / Lawyers.com
See Florida Attorney Casey Ebsary Qualifications
Maps of Recent Tampa Grow House Busts:
- 204 marijuana plants
- 9 mm handgun
- 213 pounds
- $320,000 worth of Weed
- $8,000 in electricity
2506 Mabry St Tampa, FL 33618
This year, despite efforts to legalize, cops continue to bust growhouses. Here are details and a couple of maps of recent targets. There were Two Tampa Bay Area Growhouse Busts in one week.
UPDATE: Here is a map of a recent grow house bust in Tampa, Florida. The alleged haul was equipment plus $170,000 worth of cultivated cannibis.
7205 North Coolidge Avenue, Tampa, FL
Florida Marijuana Grow House Eradication Act Cannabis Law
Florida Statutes and Rules regarding seized drugs have changed. After seized drug evidence is documented, it may be destroyed. Florida law has harsh penalties for those convicted of operating a grow house. Serious charges an be filed for as few as 25 plants.
Florida Drug Law law defines “cultivating” and also prohibits owning, leasing, or possessing place, structure, trailer, or other described place with knowledge that it will be used to manufacture, sell, or traffic in controlled substance. We have seen cases where property owners or landlords turn in tenants to avoid the consequences of a grow house bust in a rented property.Forfeiture provisions can result in the government seizing and selling a property used as a grow house.
Expert Defense Attorney The Florida grow house statute provides that possession of specified number or more of cannabis plants is prima facie evidence of intent to sell or distribute. Florida law also provides that a person possessing place or conveyance used to manufacture controlled substance for sale distribution commits an enhanced felony if a minor is present or resides there. Florida drug laws allow for equipment used in manufacture to be photographed or videotaped and that photograph or recording can then be used as evidence. Cops can and do destroy the facility and equipment.Inside the Growhouse | Videos
“videos shot by cops during an actual grow house raid”
Videos from inside a recently-raided Growhouse are below. These videos document Florida Law Enforcement officers’ efforts to raid growhouses in Hillsborough County but similar operations are found throughout the Tampa Bay area. These Videos are shot by cops during an actual grow house raid.
What About The Florida Cultivation Laws?
Recently, the rules regarding seized marijuana changed. Under the Florida Marijuana Grow House Eradication Act Cannabis Law, once the evidence is documented, it can be destroyed. New Florida Cultivation Laws law also dictate harsher penalties for those who are convicted of running a grow house. Previously, growers had only faced serious charges if they cultivated at least 300 plants. After the new law went into effect, the standard was reduced to 25 plants.
Cultivation of Marijuana Laws in Florida are tough. Florida has especially harsh marijuana laws when it comes to manufacture of cannabis. Recently law enforcement has targeted grow houses. Florida Statutes Section 893.13 applies to cultivation charges.
What About Federal Charges in Cannabis Cultivation Cases?
According to one news report from Lakeland in Polk County, Florida, asset forfeiture and prison are a real possibility upon conviction. One federal judge sentenced three Polk County men in Tampa for operating a marijuana grow house network. Each defendant was sentenced to 5 years in federal prison and ordered to pay a total of $41,876 in restitution to the electric companies involved for stolen electricity at five grow houses, according to the United States Attorney’s Office.
Another grower was sentenced to 10 months in federal prison and his home was also forfeited. In that federal indictment, the charges were conspiracy to manufacture 100 or more marijuana plants. The indictment also alleged the defendants maintained a place for the purpose of manufacturing marijuana plants.
Casey is a Board Certified Criminal Trial Lawyer with diverse criminal litigation experience. Licensed in Florida, Federal Middle District of Florida, and the 11th Federal Circuit. Main Tampa Office Conveniently Located
Law Office ofW.F. ”Casey” Ebsary, Jr.2102 W Cleveland StTampa, FL 33606Phone: (813) 222-2220 Fax: (813) 225-0202Email: CentralLaw@CentralLaw.comFlorida Grow House Criminal Defense Attorney, Lawyer, Office in Tampa, Florida, Lawyer, Attorney, Near Tampa, Fl
Busted on Video | Photographer Arrested
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| Citizen Journalist |
Drug Bust on Video
Tampa Drug Defense Attorney Michael P Maddux has recently reviewed a case where there was a Drug Bust on Video. The citizen photographer was arrested. Criminal Defense issues will be was there a Search Warrant, Probable Cause, or Consent to Search? The video mentions a “warrant”, but the police office claims consent to search the vehicle.
Documentary | Copwatch: These Streets are Watching
Dog Sniff Delay Of 20 Minutes is Too Much – Case Dismissed
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| Dog Sniff Delay Of 20 Minutes is Too Much |
Dog Sniff Delayed in Florida
Excerpts From Dog Sniff Opinion
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| 20 Minutes is Too Much – Drug Case Tossed |
Complete Dog Sniff Opinion
Mysterious Marijuana Delivery from UPS and The Party Animal
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| Mysterious Marijuana Delivery |
Excerpts from the Opinion:
If a person has been illegally seized by police and subsequently consents to a search, “the State bears the burden of showing by clear and convincing proof that there was an unequivocal break in the chain of illegality sufficient to dissipate the taint of the law enforcement’s prior illegal activity.”
The vehicle’s mere presence near the scene is insufficient to give rise to a reasonable suspicion that its occupants were connected . . . .
The Marijuana Court Opinion:
The Case of the Mysterious #Marijuana Delivery from #UPS and The Party Animal. Guy had hairstyle described like #Popeye with a pipe painted green in his mouth. Cop said consistent with a person who was waiting for a marijuana delivery and detained him. https://t.co/KB3asYpv1N pic.twitter.com/u0kC6giJGK— W.F. Casey Ebsary Jr (@centrallaw) April 13, 2018
Can Drug Charges Destroy Opportunities for Student Financial Aid?
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| No Student Aid After Drug Conviction |
Can a student lose financial aid for the possession or sale of illegal drugs that occurred while receiving federal student aid?
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| FAFSA Student Aid Application |
How to regain eligibility for Financial Aid after a conviction?
The rules require that someone who has become ineligible due to a drug conviction must complete an approved rehabilitation program or pass two drug screens administered by a drug rehab program. Once either of these options have been completed, you can become eligible for financial aid again. Failure to comply with these rules can result in liability to return any financial aid received while the person was ineligible due to a drug conviction.
Drug Convictions and Federal Student Aid
Federal Student Aid Eligibility Worksheet
Having a Couple of Marijuana plants in your Florida back yard just got easier
