Medical marijuana amendment fails in Florida, pot still illegal to possess. What defenses do you have to a possession of cannabis case?

Florida’s medical marijuana amendment did not pass yesterday in the election.  Even though a majority of the voters voted in favor of passing the medical marijuana amendment, receiving 58% of the vote, it fell 2% shy needed to pass.  In 2006, Florida voters decided all constitutional amendments needed a “super majority” to pass (60% instead of 50%). Ironically, that amendment that now requires a super majority, only passed with 57.8% of the vote.  Whether or not the issue is placed back on the ballot is unknown at this time.  John Morgan of Morgan & Morgan who spearheaded the campaign had previously stated if the vote was close enough, he would support another amendment in the future.  Because this was not a presidential election, it tended to have a more conservative voter turnout.  Being that close to passing and that type of turnout, it is likely we see this amendment on the next ballot when the presidential race is decided.

If you have been arrested for possession of cannabis, there are a number of potential defenses to your case.  Some of the defenses to a possession case are:

  • Can the prosecutor prove the drugs belonged to you
  • Can the prosecutor prove the evidence seized was in fact cannabis?
  • Did the police have the right to search you?
  • Was the lab work done properly that tested the marijuana?
  • Is it a constructive possession case where more than one person could have possessed the marijuana?
  • Did the police have to right to stop you or your vehicle?
  • Did the police call the K-9 dogs in time?
  • Where the K-9 dogs trained properly?
  • How often are the drug dogs wrong?

If you have been arrested for possession of drugs or a controlled substance, call an experienced drug defense attorney today for a free consultation today!

Thomas C. Grajek – 863-688-4606

FACDL Florida trial lawyers DUIDLA nacdl
National trial lawyers

Posted in Criminal Defense, Legal, Legal Articles
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