Ever wonder what would happen if the police catches someone driving around with stolen

property?

Receiving stolen property, is more than mere possession. The elements or what the District Attorney must prove beyond a reasonable doubt to convict you are:

*You bought, sold, received2, concealed, withheld from the owner, or helped someone in these acts, such property that had been stolen or extorted from someone and,

*When these acts were done, you had knowledge that the goods were stolen or obtained by extortion and,

*You knew the property was in your possession or presence

As indicated, you can be charged if you help someone hide stolen property. Many times, people will sell stolen items at very low prices and for cash only from their car or truck with the serial numbers or other identifying information removed so that it is obvious the property was stolen.

Prosecutors who have insufficient evidence to charge you with stealing property may charge you with possession instead.

Definition of Receiving

You receive property when you possess it or at least have control over it. Under this code section, more than one person can have possession of the stolen goods.

You can be charged with receiving property if you enjoyed its benefits even if you did not steal it or did not buy it or borrow it or have it given to you. Riding in a stolen car that you knew was stolen can be enough if you failed to exit the car once you learned it was stolen and continued to derive some benefit from being in it.

You also may receive stolen property by deriving benefits from money that was stolen by another person so long as you knew it was stolen.

Element Of Acquiring Stolen Property

To be successfully prosecuted, the DA must prove you knew the stolen property was on your person, home, car or under your control. It is possible that someone asked you to hold or deliver a package and you were unaware of its contents and had no reason to know that whatever was inside was stolen.

Element Of Awareness

To be successfully prosecuted, the DA must prove you knew the stolen property was on your person, home, car or under your control. It is possible that someone asked you to hold or deliver a package and you were unaware of its contents and had no reason to know that whatever was inside was stolen.

Business Owners & Criminal Liability

There are people who are in the business of buying or collecting the property of others, usually for resale. These may be vendors at swap meets, pawn shops, dealers of second hand metals or materials, or persons buying, selling or receiving electronic equipment or vehicles. The court can hold these individuals criminally liable if they meet these criteria:
1.These individuals acquired the property under circumstances where they should have made reasonable inquiries into whether the seller was the lawful owner or had the legal right to sell the property, and,
2.The individual failed to make the inquiry or it was a cursory one.

Business Owners Due Diligence

If you are in the business of collecting goods or junk metals or even second-hand books, then you must do your due diligence before buying or otherwise acquiring the property. If there are suspicious circumstances that the seller cannot reasonably explain, then obtaining the property can expose the vendor to criminal penalties.

For example, if a teenager is in possession of high quality jewelry or loose diamonds and says his uncle gave it to him to sell to you, then you have to contact the uncle and receive other proof that these items were legitimately owned by the uncle and that the teen had permission to sell it.

Also, you face multiple counts of receiving stolen property for each separate occasion that you receive stolen goods. However if you received multiple stolen items in one single occasion then it is considered one offense of receiving stolen property.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

If you are a person who tends to make bad choices, and if you have a criminal issue facing you, or you are likely to have one, make sure you don’t make these mistakes:

Sharing information on social media, emails or texts

Even if only on TV or in the movies, you’ve surely heard the Miranda warning that law officers must provide people they are going to arrest, including the advice that “Anything you say may be used against you in a court of law.”

Well, anything you convey online (via email or YouTube) or in social media (Facebook, Twitter, Instagram, etc.) can also be used against you later in court. Texting conversations are also fair game for investigators and prosecutors.

For instance, if you face a charge of robbery, you should convey nothing online which could connect you to the site of the alleged crime. You should also avoid posting any photos which could suggest you acquired sudden wealth. Avoid contacting anyone online who has any bearing on your case. It’s not your job to point out to police and prosecutors who they should be interviewing.

Remember: Online posts last forever, and prosecutors often look there first to gain evidence they can use against you later at trial.

Telling your side of the story to police

Speaking of Miranda warnings, these only must be issued if a person is in custody and law officers want to question them about a crime. That’s usually done at a police station following an arrest. So even before a Miranda warning is issued, you shouldn’t talk. In fact, even after it’s issued you still shouldn’t talk.

If you do talk, all you’re doing is answering questions which law officers pose to trap you and make you look guilty. So don’t talk to police when you’re arrested, don’t give detectives written or oral statements after your arrest, don’t talk to other inmates about your alleged crime if you are placed in jail, and don’t talk about your case on jail phones which may be recorded.

Only talk to your attorney. Then, your attorney will speak up for you while defending your legal rights. One of those rights is your Fifth Amendment constitutional right to remain silent and avoid self-incrimination, or making yourself look guilty. And don’t worry, by “pleading the Fifth” and not talking, you’re NOT admitting guilt. You’re only applying your legal right.

Not caring how you look in court

While we’ve all been told that we shouldn’t judge a book by its cover, keep in mind that “judging” is exactly what a judge is supposed to do. It’s their job—and you should respect that.

If you show up for a hearing looking messy and dirty, a judge may consider you to be disrespectful and treat you that way. But if you show up looking neat and clean, a judge is more likely to treat you like a responsible person.

Demanding to take an active role in your defense

Your criminal defense lawyer worked for years to learn the law and how it’s applied. He or she is a legal professional. You’re not.

Don’t make the mistake of thinking your persuasive powers in arguments with friends or family about sports or politics make you qualified to steer your defense strategy. Leave that to your defense attorney, who will advise you the best courses of action and then proceed with your consent.

Failing to hire an attorney in the first place

Even worse than getting in the way of your attorney’s job is having no attorney at all and trying to represent yourself. After your arrest, you should engage an attorney as soon as possible to represent you at each stage of the legal process. If you don’t, police and prosecutors are more likely to take advantage of you.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Maybe you are wondering if something you have done could have created a warrant for your arrest. Perhaps you missed a court date. Perhaps you didn’t pay a fine on time. You shouldn’t just ignore this situation. You need to take action.

First, you should find out if there actually is a warrant out for your arrest. In Pinellas county, you could go to the public records website and see what you can find out.
Your name may not be on their arrest warrants lists. But if it is, take this news as calmly as you can—and then contact a defense attorney with our law firm for help.

Your defense lawyer will have the knowledge to guide you in the process which follows. Depending on the circumstances of the case, that may mean getting the arrest warrant dismissed.

Or it may mean organizing your surrender and negotiating your bail. In such cases, your defense attorney may be able to arrange a speedier arraignment, which could reduce your time in jail.

You probably know whether or not you committed a crime. But in the event of an arrest warrant, it’s important that you and your lawyer also know what police and prosecutors believe that you did.

An arrest warrant wouldn’t have been issued unless they had strong reasons to believe you were responsible for a crime. Such strong reasons are known as probable cause.

Based on probable cause, an arrest warrant is issued as a court order authorizing law officers to arrest a person and have them appear in court. Law officers will then start searching for that person.

A court or law officer’s belief in probable cause doesn’t mean you’re guilty. But it does mean you must respond appropriately with help from a Neal Davis Law Firm Houston criminal defense lawyer.

Why are warrants issued?

Arrest warrants can be issued for a wide variety of reasons, so it’s important to learn what the reason is by checking online or getting your lawyer to do so. You might simply have neglected to appear for a parole check-in or to perform community service, and that led to your arrest warrant. You’ll want to find out.

Or, it could be that your situation involves what’s known as a “bench warrant.” A bench warrant isn’t as serious as an arrest warrant, but it still could lead to your arrest if you’re not careful.

A bench warrant is often issued by a judge in an existing criminal or civil case if a person fails to comply with a legal order or misses a court date. Bench warrants also may be issued for such things as failing to pay a traffic fine, failing to pay child support or failing to appear for jury duty.

While holding a bench warrant against you, police may not be as actively involved searching for you as they would be with an arrest warrant. But if you’re stopped for any reason—perhaps a minor traffic violation—the officer could then note your bench warrant via a quick check and arrest you on the spot.

Your defense attorney can respond quickly and effectively to a bench warrant or a bench warrant arrest by doing such things as arranging that you quickly pay any fine or money that you owe.

Perhaps you simply owe money for a minor traffic ticket. That sort of thing could be handled easily and speedily by your defense lawyer, and the bench warrant would be canceled.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Are you on probation or do you know someone who is? If so, be sure to encourage them to be careful with the terms of the probation. Violation of probation is a serious charge.  Judges generally don’t like it when you’ve failed to comply with requirements ordered by them.  And, the punishment can be severe, including up to the maximum penalty you might have received for the underlying charge for which you are on probation.

The good news is if you have been deemed to be in violation of your probation, you often may have some defense to the charge. Two such defenses are that your violation was neither willful nor substantial.

Willful Violation

The State also has to show your violation was willful and substantial.  In other words, you are not  guilty of violation of probation if your violation was not intentional or not within your control, or  if it was a very minor violation.
probation cannot be revoked based on matters over which you have no control.

Substantial Violation

The second point is minor violations of the conditions of your probation are insufficient to revoke your probation.  Thus, in addition to demonstrating your violation was willful, the State must further show reasonable grounds exist to believe you violated your probation in a material respect.

Violation of probation is a serious charge with potentially severe consequences.  If you’ve been charged with violating your probation, be sure to contact a criminal defense attorney with knowledge about, and experience with, these kinds of matters.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

So your friend is wanted for something, and they want to stay at your house for a few days. If you let them, can you get in trouble?

Harboring a fugitive refers to the crime of knowingly hiding a wanted criminal from the authorities. Federal and state laws, which vary by state, govern the crime of harboring a fugitive.

What is the penalty for harboring a fugitive?

An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years.

What is aiding and abetting a fugitive?

A person charged with aiding and abetting or accessory is usually not present when the crime itself is committed, but he or she has knowledge of the crime before or after the fact, and may assist in its commission through advice, actions, or financial support.

Is harboring a fugitive a felony?

For example, it is considered a misdemeanor and punishable by up to a year in prison in Maryland. By contrast, in North Carolina, if the suspect you are harboring committed a felony, you may also be charged with a felony, while if the suspect committed a misdemeanor, you may be charged with a misdemeanor.

What is considered a fugitive?

A fugitive from justice, also known as a wanted person, can be a person who is either convicted or accused of a crime and hiding from law enforcement in the state or taking refuge in a different country in order to avoid arrest.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

So what if you give your friend a little help after they commit a crime. Better think twice before you do that. Helping a person after they have committed a crime may make you an accomplice.

Elements of Being an Accomplice

For criminal culpability, the prosecution has to prove that the person acted a particular crime and that he or she did so with the intent stated in the relevant statute. For example, the crime statute may state that the defendant had to “knowingly,” “willfully” or “deliberately” commit some act.

In accomplice liability cases, the court can find a criminal defendant guilty for acts that someone else actually commits. In order for the prosecution to successfully meet its burden to find a defendant guilty of accomplice liability, it must prove that the accomplice had the intent to help with the crime being committed. This means that the accomplice has to know that the principal is planning to commit a crime and that the accomplice intends to help the principal succeed in the commission of the crime. Additionally, state law usually requires that the accomplice aided, counseled, encouraged or assisted with the commission of the crime.

Scope of Liability

The accomplice can be found guilty of the actual crime that was planned and committed. Additionally, he or she can be found guilty of other crimes, as long as they were foreseeable as being committed during the target crime.

Examples of Accomplice Liability

There are many fact patterns that can rise to the level of accomplice liability. For example, someone may be an accomplice if they are the get-away driver or the lookout for law enforcement. Additionally, a person can be an accomplice if he or she lends tools, weapons, money or other instruments necessary to commit the crime in question. An accomplice does not need to be present at the scene of the crime to be found guilty of the crime. An accomplice can be found to have provided aid before, during or after the crime.

Withdrawal of Support

In some jurisdictions, an accomplice can avoid criminal culpability if he or she withdraws support before the crime is completed. If the only aid that the accomplice provided was encouragement, he or she may be able to cancel accomplice liability by then discouraging the principal. If more aid is provided, the person may need to take greater action to neutralize further commission of the crime.

Some states require the accomplice to thwart the crime completely in order to avoid being found guilty as an accomplice. For example, the accomplice may be required to call law enforcement and have law enforcement stop the principal to avoid his or her own criminal responsibility.

Difference between Conspiracy and Accomplice Liability
Accomplice liability is different and separate from conspiracy. A conspiracy occurs when two or more people actively conspire to plan and commit a crime in the future. A co-conspirator actually helps to commit the crime while an accomplice assists in the commission of a crime but does not actually commit the crime itself.

An accomplice can only be found guilty if the crime was actually committed. However, a co-conspirator can be found guilty of conspiracy even if the underlying crime was not committed. For example, an accomplice to a robbery can be charged with robbery. If the crime was not committed, there is no accomplice liability. If there was a conspiracy to commit robbery, but it was thwarted, the co-conspirators can be charged with conspiracy. If the robbery was actually committed, they can be charged with conspiracy and robbery.

Being found guilty of conspiracy usually requires an overt act toward the commission of the crime. State law determines the level that makes a particular act an overt one. However, this act is usually one that moves along the commission of a crime and not just mere thoughts of criminal behavior.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Have you wondered about restraining orders? What they are and who can get them? Thanks to WikiHow.

In Florida, a restraining order is called an “injunction for protection.” It is issued by a civil court and commands the person named in the restraining order to refrain from doing something, usually contacting you or your children or coming within a specified distance of you (say 500 feet). Although the process for getting a restraining order may vary slightly depending on the county, the general procedure is the same.

Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member

Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence

Understanding the Requirements

Understand domestic violence restraining orders. You can get a domestic violence restraining order against a spouse, former spouse, or someone related by blood or marriage. The person must be living with you now or has in the past. You can also get one against the parent of your child, regardless of whether or not you were married or ever lived together.[1] Here are common examples of domestic violence:[2] •assault and aggravated assault
•battery and aggravated battery
•sexual assault and battery
•stalking and aggravated stalking
•kidnapping or false imprisonment
•any criminal offense resulting in physical injury or death of one family or household member by another family or household member

Identify the factors for determining “imminent danger” of harm. You can get a domestic violence restraining order even if abuse hasn’t happened yet. Instead, you can get a restraining order if you are in “imminent danger” of violence. The court will look at a variety of factors when determining “imminent danger”:[3] •the history between you and the abuser, including threats, stalking, physical abuse, and harassment
•if any attempt has been made to harm you or your family members
•if you have been threatened to have your children harmed or kidnapped
•if the abuser has intentionally injured or killed a family pet
•If the abuser has used or threatened to use any weapons against you
•if the abuser has restrained you from calling the police or leaving your home
•if the abuser has a criminal history involving violence or threats of violence
•if there is any prior order of protection entered against the abuser
•if the abuser has destroyed your personal property
•any other action that would lead you to reasonably believe that you are in immediate danger of domestic violence

Identify other restraining orders. If you do not qualify for a domestic violence restraining order, then you could get a different restraining order. There are four other kinds, depending on the kind of violence and your relationship to the abuser: stalking violence, repeat violence, sexual violence, and dating violence.[4] • Stalking violence: Someone purposely follows or harasses you repeatedly over a period of time for no legitimate purpose, which causes you emotional distress. If during the stalking the person threatens your life or to harm you, with the intent to cause you reasonable fear for your safety, then the stalking is aggravated.[5]
• Repeat violence: Two acts of violence or stalking on two separate occasions, one of which happened in the past six months. These injunctions are usually appropriate for disputes involving neighbors, coworkers, or other non-dating relationships.[6]
• Sexual violence: You have reported the incident to law enforcement and have been cooperating in criminal proceedings; or the abuser is about to be released from prison in the next 90 days and has been imprisoned for:[7] •sexual battery
•lewd or lascivious acts committed against someone under 16
•luring or enticing a child
•sexual performance by a child
•any felony where a sexual act was committed or attempted

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

So if you or someone you now just got a DUI, you are wondering, what is going to happen to me.

According to DMV Florida website:

If you drink alcohol and drive you dramatically increase your chance of being in a crash. In addition, if you are pulled over and the officer asks you to take a blood, urine or breath test you are required to comply. Florida has the “Implied Consent Law”. When you sign your drivers license you have agreed to take these tests upon request. Refusal to take any of the tests will result in an immediate suspension for one year. A second refusal will result in an 18 month suspension.

2017 DUI Statistics

According to Florida DMV records there were 43,899 DUI Violation Tickets Issued in 2017 and 24,334 DUI convictions. Of the 43,899 DUI tickets issued in Florida in 2017 – 7,612 were issued by the FHP, 17,530 were issued by police departments in Florida, and 18,056 were issued by Florida Sheriffs departments.

2017 Florida DUI Original Violations in the large Counties
Hillsborough County (Tampa) – 4,499
Miami-Dade – (Miami) – 3,099
Duval County – (Jacksonville Area) – 2,995
Pinellas County (St Petersburg) – 3,155
Palm Beach County (West Palm Beach) – 2,567
Orange County (Orlando) – 2,013
Brevard County (Melbourne) – 2,466
Broward County (Fort Lauderdale) – 3,104

Ignition Interlock

Florida law mandates that any driver convicted of a second DUI have an Ignition Interlock device installed in their vehicle. A judge may order an Interlock installed on first convictions depending on circumstances. Read the details of the Florida Ignition Interlock program.

No one can drink alcohol and still drive safely. Drinking and driving causes accidents and deaths every day and therefore the penalties in Florida are very tough. If you drink and drive the result may be jail time, loss of your Florida drivers license, heavy fines, and much higher auto insurance rates. And a conviction will stay on your Florida driving record for 75 years.

Zero Tolerance for Drivers under 21

Florida has a Zero Tolerance law for drivers under 21. This means that any driver under 21 that is stopped by law enforcement and has a blood alcohol level of .02 or higher will automatically have their Florida drivers license suspended for 6 months. The .02 limit really means that you cannot have a single drink and drive. And that’s the idea.

For drivers over 21 the legal limit in Florida is .08. Regardless of your age be aware that drinking and driving is considered a serious offense. Below we have summarized the penalties in the state of Florida for a first offense DUI, but the average cost including legal defense, fines, and auto insurance increases is $8000.

Florida Penalties for DUI First Conviction
Fine – $500 to $1000 (blood alcohol level of .15 or higher or minor in vehicle)
Community Service – 50 Hours
Probation – Not more than 1 Year
Imprisonment – Not more than 6 Months
Imprisonment with BAL of .08 or higher with a minor in the vehicle, not more than 9 months
License Revocation – Minimum of 180 days
DUI School – 12 Hours

Penalties for a first DUI conviction in Florida increase dramatically if BAL (Blood Alcohol Level is .15 or higher or if a minor is in the vehicle). In these cases an Ignition Interlock Device may be installed for at least 6 continuous months.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

If you make bad choices with alcohol, you may encounter some new technology – an ankle bracelet that detects alcohol. Actually that’s much more convenient than the old days when the court could order antabuse pills. With antabuse, you had to go to a treatment center every day and take a pill in the presence of a counselor.

SCRAM is short for Secure Continuous Remote Alcohol Monitoring. SCRAM bracelets attach to a person’s ankle and look for the presence of alcohol in sweat. SCRAM bracelet programs are a form of continuous alcohol monitoring with the benefit of not requiring frequent in-person check-ins to test for alcohol use.

SCRAM bracelets work by monitoring the wearer’s perspiration every 30 minutes. The device is similar to a Breathalyzer by determining the level of alcohol, if any, in the person’s body. Results are uploaded via modem and monitored by the private company.

Alcohol — or ethanol — tests can detect alcohol metabolites in urine, breath, saliva, sweat and blood for between two and 80 hours. Many people believe that an alcohol metabolite called ethyl glucuronide can be detected by ETG tests for about 80 hours.

The cost of incarcerating a person far outweighs the cost of an ankle monitor and house arrest. Putting a person in prison can cost over $20,000 a year, while house arrest only costs about $6,000 per year. 2. The Wearer Has To Help Pay For The Privilege of an Ankle Monitor.

Usually, the wearer has to pay for the cost of the monitor and a daily use fee. Some court systems charge on a sliding scale based on income and ability to pay. Others have a set fee of about $5-15 per day plus a setup fee as high as $200.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Most people don’t understand the current  marijuana law in Florida. This information is from the state’s website.

What is low-THC cannabis?

In Florida, low-THC cannabis is distinct from medical marijuana in that it contains very low amounts of the psychoactive component tetrahydrocannabinol (THC). Because of its low-THC content, it does not have the euphoric properties that full-potency marijuana has.
Who qualifies for low-THC cannabis?

Qualified physicians may order low-THC cannabis for a qualified patient conditions enumerated in section 381.986, Florida Statutes.
Qualifying conditions include:
◦Cancer
◦Epilepsy
◦Glaucoma
◦HIV
◦AIDS
◦Post-traumatic stress disorder (PTSD)
◦Amyotrophic lateral sclerosis (ALS)
◦Crohn’s disease
◦Parkinson’s disease
◦Multiple sclerosis (MS)
◦Medical conditions of the same kind or class as or comparable to those above
◦A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
◦Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
If a patient is younger than 18 years of age, a second physician must concur with the determination to treat the patient with low-THC cannabis.

What is medical marijuana?

Florida law defines medical marijuana as all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
Who qualifies for medical marijuana?

A qualified physician may only order medical marijuana for a patient with a qualifying condition that is diagnosed by the patient’s physician.

Qualifying conditions include:
◦Cancer
◦Epilepsy
◦Glaucoma
◦HIV
◦AIDS
◦Post-traumatic stress disorder (PTSD)
◦Amyotrophic lateral sclerosis (ALS)
◦Crohn’s disease
◦Parkinson’s disease
◦Multiple sclerosis (MS)
◦Medical conditions of the same kind or class as or comparable to those above
◦A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
◦Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition

The medical use of medical marijuana does NOT include the following:
◦The possession, use or administration of medical marijuana by smoking.
◦The transfer of medical marijuana to a person other than the qualified patient for whom it was ordered or their legal representative.
◦The use or administration of medical marijuana on any form of public transportation, in any public place, in a qualified patient’s place of employment, if restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus or vehicle.

The medical use of medical marijuana does NOT include the following as stated in Section 381.986(1)(j), F.S.:
1.Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.
2.Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping.
3.Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification.
4.Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient.
5.Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low-THC cannabis.
b. In any public place, except for low-THC cannabis.
c. In a qualified patient’s place of employment, except when permitted by his or her employer.
d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis

Can I Smoke it?

No. A marijuana delivery device is an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.

What are the Requirements to receive it?

◦Be diagnosed with a qualifying condition
◦Be entered into the Medical Marijuana Use Registry by a qualified physician
◦Obtain a Medical Marijuana Use Registry Identification Card
◦Be a Florida resident or a seasonal resident

What does it cost to get a Registry Identification Card

A registration card costs $75 (not including the doctor visit). Compassionate Use Registry identification cards remain active for one year.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.