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The Hillsborough County Medical Marijuana Licensing Ordinance, Hillsborough County, Medical Marijuana, Licensing, Ordinance
Hillsborough County
Medical Marijuana
Licensing Ordinance

How to Find a Complete Copy of the Hillsborough County Medical Marijuana Licensing Ordinance?


The Hillsborough County Commission just adopted the Ordinance needed for dispensaries to go forward. Of course the dispenary must still be licensed by the State of Florida, Department of Health, but this is a huge step forward.

What are the zoning requirements under the Hillsborough County Medical Marijuana Licensing Ordinance?


The Commissioners originally were to severely limit the number of licensed weed dispensaries. The final version did not include that language and opens up several parts of the county to theses providers. The complete text of the new law follows.


"Hereby adopted ‘the Hillsborough County medical marijuana licensing ordinance’, as set forth herein, to be incorporated into the Hillsborough County Code of ordinances . . ."





The Hillsborough County Medical Marijuana Licensing Ordinance



FINAL 3/1/2017 JML 
ORDINANCE 17-___ 

AN ORDINANCE TITLED THE HILLSBOROUGH COUNTY MEDICAL MARIJUANA LICENSING ORDINANCE; PROVIDING FOR SHORT TITLE AND AUTHORITY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING FOR FINDINGS; PROVIDING FOR DEFINITIONS; PROVIDING PROCEDURES FOR THE APPROVAL OF MEDICAL MARIJUANA DISPENSING BUSINESSES AND MEDICAL MARIJUANA DISPENSING FACILITIES; PROVIDING FOR APPROVAL OF MEDICAL MARIJUANA DELIVERY BUSINESSES; PROVIDING FOR REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR APPLICABILITY AND EFFECTIVE DATE. 

WHEREAS, the Florida Legislature enacted legislation legalizing marijuana for medical uses; and 

WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, Hillsborough County possesses the police powers to enact ordinances in order to protect the health, safety, and welfare of the County’s citizens; and 

WHEREAS, a comprehensive state licensing and regulatory framework for the cultivation, processing, and dispensing of Medical Marijuana exists; and 

WHEREAS, the comprehensive state licensing and regulatory framework directs that the criteria for the number and location of and other permitting requirements that do not conflict with state law or department rule for Medical Marijuana Dispensing Facilities may be determined by local ordinance; and 

WHEREAS, Medical Marijuana Dispensing Facilities licensed pursuant to the law have begun dispensing medical marijuana within unincorporated Hillsborough County; and 

WHEREAS, potential adverse impacts on the health, safety, and welfare of residents and businesses from secondary effects associated with the distribution of Medical Marijuana exist, potentially including: trespassing, theft, fire hazards, increased crime in and about a Medical Marijuana Dispensing Facility, robberies, negative impacts on nearby businesses, and nuisance problems; and 

WHEREAS, certain of the above potential adverse impacts are accentuated by the current difficulties experienced by Medical Marijuana Dispensing Facilities in obtaining banking services necessitating such businesses to operate on a cash basis; and  

WHEREAS, there exists the potential for misappropriation and diversion of Medical Marijuana to non-medical uses, and;

WHEREAS, an overabundance of dispensing facilities can affect the viability of such facilities, result in compliance issues and increased regulatory costs, lead to the improper diversion of products, and accentuate threats to the public health, safety, and welfare; and 

WHEREAS, other jurisdictions have regulated the dispensing of Medical Marijuana by limiting the number of such Medical Marijuana Dispensing Facilities permitted within a jurisdiction, to reduce threats to the public health, safety, and welfare; and  

WHEREAS, a report entitled “Municipal Dispensary License Allocation: Florida” issued by the Marijuana Policy Group has determined that the optimal number of retail Medical Marijuana Dispensing Facilities depends on the number of patients likely to register, the local area population, and the required scale of operation for dispensaries to remain profitable; and
  
WHEREAS, in “Municipal Dispensary License Allocation: Florida”, the Marijuana Policy Group determined that the average resident ratio among similar states, with similar medical marijuana laws, is one Medical Marijuana Dispensing Facility for 67,222 residents; and  

WHEREAS, there is a need to adopt requirements for the identification and regulation of businesses carrying out the delivery of Medical Marijuana within unincorporated Hillsborough County; and 

WHEREAS, there is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from the distribution of Medical Marijuana; and 

WHEREAS, there is a need to ensure that the population of the unincorporated County will have access to the best qualified Medical Marijuana Dispensing Businesses, while at the same time maintaining competition in the industry; and  

WHEREAS, other Florida jurisdictions that allow Medical Marijuana Dispensing Facilities have implemented effective regulatory and enforcement systems that address the adverse impacts that such facilities could pose to public safety, health, and welfare; and 

WHEREAS, an effective regulatory system governing the Delivery and Dispensing of Medical Marijuana, as provided for in this ordinance, will address potential adverse impacts to the public health, welfare, and safety consistent with Florida law; and  

WHEREAS, it is not the purpose or intent of this section to restrict or deny access to Medical Marijuana as permitted by Florida law, but instead to enact reasonable restrictions intended to protect the public health, safety, and welfare; and  

WHEREAS, Hillsborough County has determined it is in the public interest to adopt this ordinance pursuant to its police powers and Section 381.986, Florida Statutes, as well as other applicable state laws and provisions of the Florida Constitution, to protect the health, safety, and welfare of the public; 

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, THAT THERE IS HEREBY ADOPTED “THE HILLSBOROUGH COUNTY MEDICAL MARIJUANA LICENSING ORDINANCE”, AS SET FORTH HEREIN, TO BE INCORPORATED INTO THE HILLSBOROUGH COUNTY CODE OF ORDINANCES: 




SECTION 1. RECITALS. The above recitals are true and correct and incorporated herein as though fully set forth below. 
SECTION 2. ADOPTION OF MEDICAL MARIJUANA LICENSING REGULATIONS. Article XV “Medical Marijuana Licensing Regulations” of Chapter 10 “Businesses” is hereby enacted to read as follows: 
ARTICLE XV. – MEDICAL MARIJUANA LICENSING REGULATIONS 
Sec. 10-503. Title. 
This Ordinance shall be known and may be cited as the "Medical Marijuana Licensing Ordinance." 
Sec. 10-504. Legislative findings and authority. 

(a) The recitals set forth in the whereas clauses are incorporated herein. The BOCC finds and declares that there exists a need to enact an ordinance requiring the licensing and regulation of Medical Marijuana Dispensing Facilities and Medical Marijuana Delivery Businesses. 

(b) This Ordinance is enacted pursuant to Section 125.66, Florida Statutes, and Section 381.986, Florida Statutes, and under the home rule powers of Hillsborough County and is in the best interest of the health, peace, safety and general welfare of the people of Hillsborough County. 


Sec. 10-505. - Purpose and intent. 
The purpose and intent of this Ordinance is to promote the health, safety and general welfare of the residents of Hillsborough County through the regulation of Medical Marijuana Dispensing Facilities and Medical Marijuana Delivery Businesses.  This Ordinance is intended to regulate the sale and distribution of Medical Marijuana to ensure a supply of Medical Marijuana to patients who are qualified to use and possess marijuana for medical use, pursuant to Florida law, while promoting compliance with other state laws which regulate marijuana.  Nothing in this Ordinance shall prohibit an entity authorized by state law to dispense Medical Marijuana from making deliveries of Medical Marijuana to the residence or business of an authorized individual or health care facility as permitted by relevant state law, subject to the applicable requirements of this Ordinance. Nothing in this Ordinance is intended to promote or condone the sale, distribution, possession or use of marijuana in violation of any applicable state or federal law.  Compliance with the requirements of this Ordinance shall not provide a defense to any criminal prosecution under any applicable law.  This Ordinance is only applicable in the unincorporated area of Hillsborough County. 

Sec. 10-506. - Definitions. 
(a) The following words or phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section: 
Applicant shall mean any person or entity that has submitted an application pursuant to this Ordinance. If the Applicant is an entity and not a natural person, Applicant shall identify all persons who are the managers, officers, directors, contractual agents, partners, and licensors of such entity, as well as all members, shareholders, or Investors holding an ownership interest of 5% or more of such entity. 
Caregiver shall mean the legal representative authorized to purchase and receive Medical Marijuana on behalf of a qualified patient. 
Certificate of Approval shall mean a certificate issued pursuant to this Ordinance by the Department, officially authorizing an Applicant to operate a Medical Marijuana Dispensing Facility pursuant to this Ordinance. A Certificate of Approval generally authorizes an Applicant to establish and operate a Medical Marijuana Dispensing Facility pursuant to this Ordinance, but does not authorize the Dispensing of Medical Marijuana at any physical location within the Jurisdiction until a Premises Authorization, as defined herein, has been issued for such location. Each authorizes the issuance of a single Premises Authorization at any one time. 
Code Enforcement Officer shall mean any employee designated as a code enforcement officer pursuant to Section 125.69, Florida Statutes or Section 162.21, Florida Statutes. 
Department means the Department designated by the County Administrator to administer the mandates of this Ordinance. 
Derivative Products shall mean products derived from Medical Marijuana, including but not limited to, oil or consumable products containing or derived from Medical Marijuana. 
Dispensing shall mean the retail sales of Medical Marijuana, but does not include making deliveries of Medical Marijuana to the residence or business of an authorized individual, or to a health care facility, as permitted by state law. 
Employee shall mean a person authorized to act on behalf of the Medical Marijuana Dispensing Facility, whether that person is an employee or a contractor, and regardless of whether that person receives compensation. 
Investor shall mean any person or entity holding an ownership interest of 5% or more who is entitled to share in the profits of the Applicant, or any Lender. The term shall not include any employees who share in the profits of the Applicant pursuant to an employee profit sharing program. 
Lender shall mean any person or entity who has provided funds to an Applicant with the expectation of receiving from the Applicant repayment or the receipt from the Applicant of anything of value. The term Lender shall include any person who owns, directly or indirectly, 20% or more of any entity which qualifies as a Lender, but does not include any bank, credit union, or other financial institution created under federal or state law. 
Medical Director shall mean a physician licensed pursuant to Chapters 458 or 459, Florida Statutes, designated under Florida law and specifically identified as responsible for the supervision of the dispensing activities conducted by the Medical Marijuana Dispensing Facility. 
Medical Marijuana has the meaning given to it by Section 893.02(3), Florida Statutes, and shall include all forms of medical marijuana or low-THC marijuana, including Derivative Products. 
Medical Marijuana Delivery Approval shall mean the approval granted to a Medical Marijuana Delivery Business to authorize the delivery of Medical Marijuana within unincorporated Hillsborough County. 
Medical Marijuana Delivery Business shall mean any business making deliveries of Medical Marijuana to an authorized individual or to a health care facility, as permitted by state law.   
Medical Marijuana Dispensing Business shall mean a business entity licensed to dispense Medical Marijuana pursuant to applicable state laws and that is engaged in the retail sale of Medical Marijuana within unincorporated Hillsborough County. 
Medical Marijuana Dispensing Facility shall mean any establishment where Medical Marijuana is permitted to be dispensed at retail pursuant to any applicable state law and in accordance with this Ordinance. 
Operator shall mean the person or entity to whom a Certificate of Approval or Medical Marijuana Delivery Approval has been issued pursuant to this Ordinance. 
Owner shall mean any person, including any individual or other legal entity, with a direct or indirect ownership interest of five (5) percent or more in the applicant, which interest includes the possession of stock, equity in capital, or any interest in the profits of the applicant. 
Premises shall mean the building, within which a Medical Marijuana Dispensing Facility is permitted to be operated, including the property on which the building is located. 
Premises Authorization shall mean a document issued by the Department to the Operator, authorizing the Operator to conduct Medical Marijuana Dispensing Facility operations at a single, specifically approved physical location.  
Qualified registered patient/qualified patient shall mean a person who has been added to the state's registry of lawful recipients of Medical Marijuana by a physician licensed under Florida law, and authorized to receive Medical Marijuana, in accordance with Florida Statutes and all applicable rules. 
State shall mean the State of Florida. 
(b) In addition to the definitions contained in subsection (a), other terms used in this Ordinance shall have the meaning ascribed to them in the Compassionate Use Act and such definitions are incorporated into this Ordinance by reference.   

Sec. 10-507. - Certificate of Approval required. 
Upon the effective date of this Ordinance, no Medical Marijuana Dispensing Business, as defined in this Ordinance, may operate in Hillsborough County without first obtaining a Medical Marijuana Dispensing Facility Certificate of Approval issued by the Department.  Certificates of Approval shall be granted only for Medical Marijuana Dispensing Facilities that satisfy the requirements of this Ordinance, including the payment of the applicable application fees. 

Sec. 10-508. - Application process and requirements. 

(a) It shall be unlawful for any person or entity to establish a Medical Marijuana Dispensing Business or operate a Medical Marijuana Dispensing Facility in Hillsborough County without first having obtained from the State of Florida approval to do so pursuant to the Compassionate Use Act or any other relevant law, and having obtained from the Department a Certificate of Approval, and having obtained a Premises Authorization for the Medical Marijuana Dispensing Facility to be operated in connection with such business. 
(b) Upon commencement of the application period as set forth in Section 10-510, each application for a Medical Marijuana Dispensing Facility Certificate of Approval shall be accompanied by a nonrefundable application fee set forth by resolution of the BOCC. 
(c) The Certificate of Approval and Premises Authorization shall be kept current at all times and shall be conspicuously displayed at all times in the premises to which they apply. The failure to maintain a current Certificate of Approval, or to maintain a current Premises Authorization for any location at which a Medical Marijuana Dispensing Facility is located, shall constitute a violation of this Ordinance. 
(d) A Certificate of Approval issued by the Department pursuant to this Ordinance shall specify the date of issuance, the period of licensure, and the name of the Operator. A Certificate of Approval issued under this Ordinance shall expire five years after the date of its issuance if not renewed in accordance with Section 10-514. 


Sec. 10-509. – Medical Marijuana Dispensing Facilities Established Prior to Approval of this Ordinance. 

(a) Upon the effective date of this Ordinance, each Medical Marijuana Dispensing Business operating in the unincorporated County shall be required to obtain a Certificate of Approval and Premises Authorization for each Medical Marijuana Dispensing Facility.  However, the scoring and award process for new Certificates of Approval under Section 10-512 shall not apply to Medical Marijuana Dispensing Facilities which have been lawfully established in accordance with Florida law and applicable Code prior to the effective date of this Ordinance. 

(b) Medical Marijuana Dispensing Facilities which have been lawfully established prior to the effective date of this Ordinance shall be required to apply for a Certificate of Approval and renewal thereof, and issuance of a Premises Authorization. A Certificate of Approval shall be granted to a lawfully established Medical Marijuana Dispensing Facility upon the Applicant’s demonstration of compliance with the requirements of Sec. 10-511(a)(i)-(v), and Sec. 10-515. A Medical Marijuana Dispensing Facility which has been lawfully established prior to the effective date of this Ordinance shall not be limited to the application periods established in Section 10-510. 

(c) Medical Marijuana Dispensing Facilities which have been lawfully established prior to the effective date of this Ordinance shall also be required to comply with all operational requirements of Sec. 10-516. 

(d) The number of available Certificates of Approval which may be granted by the Department pursuant to Sec. 10-510 shall be reduced by the number of Medical Marijuana Dispensing Facilities lawfully established in accordance with Florida law and applicable Code prior to the effective date of this Ordinance.  


Sec. 10-510. - Numerical limit on Medical Marijuana Dispensing Facilities. 

(a) The maximum number of Certificates of Approval in the County shall not exceed 1 for every 67,222 residents, as certified in the most recent annual Estimate of Population by County and Cities published by the University of Florida Bureau of Economic and Business Research. The resulting number of Certificates of Approval available based on this calculation shall be rounded downward to the nearest whole number. The number of Medical Marijuana Dispensing Businesses which may be granted Certificates of Approval shall be reduced by the number of Medical Marijuana Dispensing Facilities which have been lawfully established and operating in unincorporated Hillsborough County prior to the effective date of this Ordinance. Each Certificate of Approval shall authorize the holder to operate a single Medical Marijuana Dispensing Facility upon receipt of an approved Premises Authorization for the facility in accordance with this Ordinance. 
(b) A Medical Marijuana Dispensing Business may hold more than one Certificate of Approval, but may not hold all available Certificates of Approval issued by the County if more than one is available. The allocation of Certificates of Approval shall be in accordance with subsection (f). 
(c) The initial application and review period (“Initial Application Period”) for applications for Certificates of Approval shall commence within six (6) months of the effective date of this Ordinance, upon a date determined by the Department and shall close thirty (30) days following the commencement date. A subsequent thirty-day application period (“Second Application Period”) shall commence 365 days following the commencement date of the Initial Application Period. Notification of application periods shall be provided by the Department in accordance with subsection (e). Subsequent application periods shall commence at least annually each year thereafter, subject to the availability of Certificates of Approval and upon notification by the Department.  
(d) Five (5) Certificates of Approval shall be available for award during the Initial Application Period. The remaining number of Certificates of Approval available in accordance with subsection (a) shall be awarded during the Second Application Period.  
(e) Notification of open application periods and processing of applications shall be conducted as follows: 
一. In accordance with subsection (c), the Department shall provide notification of the availability of Certificates of Approval on the County website and commence of the application period, at least thirty (30) days prior to the beginning of the 30 day application period. The notice shall provide the commencement date for the receipt of applications, and the deadline for submitting applications. 
一. All applications received by the Agency must be complete and received by the Department no later than the designated final day of the application period.  
一.
(f) In order to ensure that the population of the unincorporated County will have access to the best qualified Medical Marijuana Dispensing Businesses, while at the same time maintaining competition in the industry, when multiple Certificates of Approval are available during an application period applicants shall be entitled to receive, upon request and qualification pursuant to this Ordinance, up to the number of Certificates of Approval set forth in the below table.  Each applicant shall identify in their application the number of Certificates of Approval requested. 


Certificates of Approval shall be distributed to qualified applicants in ranking order according to the Table. Certificates of Approval that have not been awarded during any application period pursuant to the above table shall not become available for award until the next noticed application period. 
Sec. 10-511. – Application for Certificate of Approval. 
(a) An Applicant for a new Certificate of Approval, pursuant to the Compassionate Use Act, any other applicable state law, and the provisions of this Ordinance, shall submit an application to the Department. At the time of any such application, the Applicant shall pay an application fee, as set forth in the fee schedule adopted by the County from time to time, to defray the costs incurred for review of the application, as well as any other costs associated with the processing of the application.
 . The Applicant shall include the following in its application: 
 . Payment of the application fee as set forth in the fee schedule established by the County. 

ii. If the Applicant is a business entity, information regarding the entity, including without limitation the name and address of the entity, its legal status and proof of registration with, or a certificate of good standing from, the Florida Secretary of State, as applicable; 
iii. If the Applicant is an individual, government issued identification including name, address and photograph of the individual; 
iv. Evidence of the State of Florida, Department of Health, Office of Compassionate Use’s (or any successor agency of the State of Florida’s) approval of the Operator to operate a 
Cannabis Dispensing Business pursuant to the Compassionate Use Act or any other relevant law; 
v. All documentation necessary to demonstrate compliance with the requirements identified in this Ordinance, including evidence that the Applicant continues to meet all requirements of Section 381.986(5)(b)(1), Florida Statutes. 
vi. All documentation the Applicant wishes to have considered for scoring purposes, including documentation demonstrating the Applicant meets the criteria detailed in Sec. 10-512 of this Ordinance. 
(b) Upon receipt of more than one application, Department staff shall review and score the applications pursuant to the scoring and review process established by Sec. 10-512 of this Ordinance. 

Sec. 10-512. –Application Period and Scoring and Review of Applications. 

(a) The application period shall begin when an application for a Certificate of Approval is received by the County. Upon receipt of an application, the Department shall notice on the County’s website that the application period has commenced and shall indicate the closing date of the application period, which shall be 30 days after notification is placed on the website. 

(b) If more than one application is received within the 30 day period, the County shall score and review each application pursuant to the criteria, and 100 point scale, detailed below. A minimum of three County staff shall review and score each application. One staff person shall be designated as the point-of-contact and may address questions and requests for further information from staff to the Applicants at any time during the application process. The criteria to be used for scoring are listed below: 

(1) Previous retail dispensing experience in a regulated market in one or more states: 20 points 

i. Number of retail dispensing licenses and retail dispensaries operated. 

ii. Total square footage of retail dispensaries operated. 
iii. Number of years of operating retail dispensaries. 
 . Number of retail dispensary employees managed. 
 . Gross sales of Medical Marijuana. 

vi. Number of different Medical Marijuana strains and Derivative Products sold. 
vii. Previous infractions resulting in enforcement against any Medical Marijuana dispensing license. 
viii. Experience with maintaining chain of custody and tracking mechanisms. 


(2) Quality of Derivative Product offerings: 20 points 

i. Length of time Derivative Products intended to be dispensed have been available in regulated markets. 

ii. Gross sales number of units of these Derivative Products previously sold in regulated markets. 
iii. Gross revenue derived from previous sales of these Derivative Products in regulated markets. 

(3) Technical Ability: 10 points 

i. Review of standard operating procedures, operating manuals, policies, training modules, and procedures. 

ii. Training process. 
iii. Online ordering system. 
 . Procedures for expediting ordering and / or providing for medically disadvantaged. 
 . Operational ERP (Enterprise Resource Planning) System. 

vi. Retail delivery system. 
vii. Point-of-sale systems and solutions. 

(4) Qualifications of Security Team: 15 points 

i. Years of security experience with Medical Marijuana dispensaries in a regulated Medical Marijuana market. 

ii. Integration of security procedures and training into operations. 
iii. All owners, Investors, and managers have successfully passed a level 2 background screening pursuant to Section 435.04, Florida Statutes and have not been convicted of any felonies involving fraud, false representation, or distribution of controlled substances. 

(5) Qualifications of Medical Director*: 25 points 

i. Experience with epileptic patients; 

ii. Experience with cancer patients; 
iii. Experience with patients with severe seizures or muscle spasms; 

 Experience with terminally ill patients; 
 Experience with recognition of the signs and symptoms of substance abuse, including tolerance, dependence and withdrawal; 
vi. Experience with patients suffering from debilitating medical conditions of the kind and class enumerated in in sec. 29, Art. X of the state constitution; 
vii. Knowledge of good manufacturing practices; 
viii. Knowledge of analytical and organic chemistry; 
 . Knowledge of analytical laboratory methods; 
 . Knowledge of analytical laboratory quality control, including maintaining a chain of custody; 

xi. Knowledge of, and experience with, Medical Marijuana CBD/low-THC extraction techniques; 
xii. Knowledge of Medical Marijuana, including CBD/low-THC routes of administration; 
xiii. Experience in or knowledge of clinical trials or observational studies; 
xiv. Knowledge of, and experience with, producing CBD/low-THC products; 
xv. Experience with or knowledge of botanical medicines; 
xvi. Experience with dispensing medications. 
* Certification in Pain Medicine by the Florida Board of Medicine, American Board of Pain Medicine or other similar certification shall not be considered for purposes of Medical Director qualification. 

(6) Awards: 10 points 

Any awards, recognitions, or certifications received for expertise in Medical Marijuana related businesses. 

(7) Preference points to encourage multiple qualified applicants operating in Hillsborough County: 

In order to ensure that the population of the unincorporated County will have access to the best qualified Medical Marijuana Dispensing Businesses, while at the same time maintaining competition in the industry within the unincorporated County, up to 10 additional preference points shall be awarded as follows: 
i. An applicant which is not yet operating in the County shall receive 10 points 
ii. The applicant(s) with the most existing Certificates of Approval in the County shall receive 0 points 
iii. Each other applicant with one or more existing Certificate(s) of Approval shall receive points equal to the following formula:   
10 – [(Certificate(s) of Approval held by the applicant / Certificates of Approval held by the applicant(s) with the most existing Certificates of Approval in the County)]10   

(c) An application that is considered incomplete shall be rejected by the County. Rejected applications shall not be scored unless resubmitted within the 30 day application period and subsequently found complete. 

(d) The County shall disqualify any application that contains any false or misleading information.  

(e) The scores awarded by staff for each Applicant shall be totaled and averaged for each Applicant. Certificate of Approvals shall be issued in accordance with the table provided in Sec. 10-510(f). 

(f) In the event of a tie in the rankings, the Department Director shall identify the Applicant that shall be given the Certificate of Approval.  Challenges to the Director’s award decision shall be filed with the County Administrator within ten (10) days of the decision being challenged. The County Administrator shall review the challenge and issue a final order dismissing such challenge or affirming such challenge. 

(g) If more than one application is not received, the County shall review the information included in the application to determine completeness and sufficiency pursuant to this section, and shall award the Certificate of Approval based upon a positive review of both items. 


Sec. 10-513. – Issuance of Certificate of Approval. 

(a) Upon expiration of the challenge deadlines detailed in Sec.10-512, if no challenge is filed, or upon issuance of a final order if a challenge is filed, the Department shall issue a Certificate of Approval. 

(b) A Certificate of Approval issued pursuant to this Ordinance does not eliminate the need for the Operator to obtain other required permits or licenses related to the operation of the Medical Marijuana Dispensing Facility including, without limitation, any development approvals or building permits required by this Code and the Land Development Code. 


Sec. 10-514. - Renewal. 

(a)  Within 90 days prior to the expiration date of the Certificate of Approval, each Operator shall pay a nonrefundable renewal fee as set forth in the fee schedule adopted by Resolution from time to time, to defray the costs incurred by the Department for review of the application and inspection of the proposed premises in accordance with this Ordinance, as well as any other costs associated with the processing of the application. The Operator is responsible for paying the renewal fee prior to expiration of the Certificate of Approval.  

(b) Renewal of an existing Certificate of Approval for a successive five year period shall be granted without requiring additional review pursuant to the Certificate of Approval award procedure of Sec.10-511 through Sec. 10-512. The applicant for renewal of a Certificate of Approval shall have the burden to demonstrate that the Medical Marijuana Dispensing Facility has remained in compliance with the terms and conditions of its approval and has not been found in violation of this Ordinance.  The applicant for renewal shall be required to attest that all information previously provided in its application for a Certificate of Approval is correct, or if any of this information has changed, shall be required to provide accurate updated information.  The applicant for renewal shall have the burden to demonstrate the following: 

1. The Medical Marijuana Dispensing Facility has been operated in compliance with the terms and conditions of its approval; and 

2. The Medical Marijuana Dispensing Facility has not been found in violation of this Ordinance or the Land Development Code.   

(c) Upon review of a complete application for renewal of an existing Certificate of Approval, the Department shall determine whether the renewal meets the criteria of subsection (b) of this section.  If the application for renewal does not meet the requirements of subsection (b), the application for renewal shall be converted into an application for an initial Certificate of Approval pursuant to Sec. 10-511 through Sec. 10-512 of this Ordinance. 

(d) A Certificate of Approval shall be revoked if an Operator fails to remit a renewal fee and complete application for renewal prior to the expiration of the Certificate of Approval. Notwithstanding the expiration and revocation, an Operator whose Certificate of Approval has been revoked for not more than 30 days may be reinstated upon the payment of a late fee, as may be set forth in the fee schedule adopted by from time to time. 

(e) Any Premises Authorization issued under this Ordinance shall be deemed to expire on the date upon which the Certificate of Approval pursuant to which it is issued expires. Any Premises Authorization shall be deemed automatically renewed upon the renewal of the Certificate of Approval pursuant to which it is issued.   

(f) In the event a Certificate of Approval is not renewed, the County Administrator shall provide notification that it has become available and shall award the Certificate of Approval in accordance with this Ordinance. 



Sec. 10-515. - Persons or Entities prohibited as Operators. 
(a) No Certificate of Approval shall be issued to, held by, or renewed by any Applicant or Operator who fails to comply with the following requirements: 


1. Maintain approval as a dispensing organization by the State of Florida, Department of Health, Office of Compassionate Use pursuant to the Compassionate Use Act, or any other applicable law. 
2. The Operator shall ensure that all owners, Investors, and managers have successfully passed a level 2 background screening pursuant to Section 435.04, Florida Statutes and shall not have been convicted of any felonies involving fraud, false representation, or distribution of controlled substances. 


Sec. 10-516. - Operational requirements for Medical Marijuana Dispensing Facilities. 
Any Medical Marijuana Dispensing Facility operating under a Certificate of Approval shall comply with the following operational standards. 

(a) A Medical Marijuana Dispensing Facility shall not dispense from its premises Medical Marijuana or a cannabis delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other operations and deliver Medical Marijuana to qualified patients 24 hours each day. 

(b) No Medical Marijuana Dispensing Facility shall allow any marijuana to be smoked, ingested or otherwise consumed on the premises.  

(c) No Medical Marijuana Dispensing Facility shall allow the sale, service, or consumption of any type of alcoholic beverages on the premises including in the surrounding rights-ofway. 

(d) There shall be no outdoor displays, sales, promotions, or activities of any kind permitted on the premises on the exterior of the Medical Marijuana Dispensing Facility building, including the surrounding rights-of-way. All activities and business shall be conducted within the confines of the permanent building containing the Medical Marijuana Dispensing Facility. 

(e) All deliveries to the Medical Marijuana Dispensing Facility shall be made during regular operating hours while Medical Marijuana Dispensing Facility personnel are present. 

(f) With the application, the applicant shall submit a security plan demonstrating compliance with Section 381.986, Florida Statutes, and all other applicable statutes and state administrative rules. In addition to proving compliance with all state requirements, the security plan shall, at a minimum, provide the following:  

1. Fully operational lighting and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft, both within the premises and in the surrounding rights-of-way, including:  
 . A silent security alarm that notifies law enforcement or a private security agency that a crime is taking place; 
 . A vault, drop safe or cash management device that provides minimum access to the cash receipts; and 
 . A security camera system capable of recording and retrieving an image which shall be operational at all times during and after business hours. The security cameras shall be located:  
 .
(i) At every ingress and egress to the dispensary, including doors and windows; 

(ii) On the interior where any monetary transaction shall occur; and  

(iii) At the ingress and egress to any area where medical marijuana is stored. 

(g) The configuration of the facility shall include a waiting area that provides adequate seating without requiring waiting outside of the facility building.  

(h) The Medical Marijuana Dispensing Facility shall employ cash and inventory controls for all stages of operation on the premises, and during transitions and delivery. 

(i) The Medical Marijuana Dispensing Facility shall store all Medical Marijuana in a secured, locked room or a vault. 

(j) The Medical Marijuana Dispensing Facility shall require each employee or contractor to wear a photo identification badge at all times while on the premises.  

(k) The Medical Marijuana Dispensing Facility shall report to the Hillsborough County Sheriff’s Office and the Department within 24 hours after it is notified or becomes aware of the theft, diversion, or loss of Medical Marijuana. 

(l) The Medical Marijuana Dispensing Facility shall implement an alcohol and drug-free workplace policy.  

(m) Notwithstanding other provisions of the Land Development Code, signage for a Medical Marijuana Dispensing Facility shall be limited as follows: 
一. Graphics, logos and symbols shall be prohibited;  
一. Neon shall be prohibited;  
一. Signs shall not be internally illuminated; and 
一. Signage not reference the word “marijuana” or otherwise use language that openly advertises the presence of marijuana on the premises.  
一.
(n) It shall be unlawful for any Medical Marijuana Dispensing Facility in unincorporated Hillsborough County to employ any person who has not successfully passed a level 2 background screening pursuant to Section 435.04, Florida Statutes. 

(o) The Medical Marijuana Dispensing Facility shall require the following prior to dispensing of Medical Marijuana: 

1. The employee who dispenses Medical Marijuana or a cannabis delivery device shall enter into the Florida Department of Health Compassionate Use registry his or her name or unique employee identifier. 

2. The employee who dispenses Medical Marijuana or a cannabis delivery device shall, prior to dispensing any order of Medical Marijuana or a cannabis delivery device, verify 
in the compassionate use registry that a qualified ordering physician has ordered the Medical Marijuana and/or a specific type of a cannabis delivery device for the patient. 
3. The employee who dispenses Medical Marijuana or a cannabis delivery device shall verify that the patient has an active registration in the Florida Department of Health Compassionate Use registry, the patient or patient’s legal representative holds a valid and active registration card, the order presented matches the order contents as recorded in the registry, and the order has not already been filled. 

4. The employee who dispenses Medical Marijuana or a cannabis delivery device shall, prior to dispensing the Medical Marijuana or cannabis delivery device, confirm the identity of the authorized patient or caregiver, and obtain the signature of the authorized patient or caregiver to whom the order is dispensed.   

5. The employee who dispenses Medical Marijuana or a cannabis delivery device shall, upon dispensing the Medical Marijuana, or cannabis delivery device, record in the registry the date, time, quantity, and form of Medical Marijuana and the type of cannabis delivery device dispensed. 

(p) Customers, clients, patients or business invitees shall not be directed, encouraged or allowed to stand, sit (including in a parked car for any period of time longer than reasonably required for a person's passenger to conduct their official business and depart), or gather or loiter outside of the building where the Medical Marijuana Dispensing Facility is operating, including in any parking areas, sidewalks, rights-of-way, or neighboring properties. Pedestrian queuing or loitering at any time, including prior to business hours, outside of the building is prohibited. 

(q) Medical Marijuana dispensed by the facility shall be packaged in accordance with the United States Poison Prevention Packaging Act of 1970 and all other applicable state and federal laws. The packaging receptacle must have a firmly attached and legible label, which includes, at a minimum, the following information: 
一. A statement that the THC meets the testing requirements for ensuring its THC level and that it is safe for consumption;   
一. The patient’s name, name of the ordering physician and directions for usage; 
一. The name of the cultivation and dispensing facility from which the medical marijuana originated; and 
一. The batch number and harvest number from which the medical marijuana originated. 
一.
(r) A Medical Marijuana Dispensing Facility shall retain records of all testing required by Florida law, and shall retain samples of each homogenous batch of Medical Marijuana, inclusive of Derivative Products, dispensed by the facility, for at least 9 months in such a sufficient amount so as to enable inspection or testing by an authorized agency under state or local law. 

(s) Medical Marijuana dispensed by the facility shall comply with the Florida Drug and Cosmetic Act, Section 499.001, Florida Statutes et seq. 

(t) The dispensing of Medical Marijuana and authorized cannabis delivery devices shall be the sole use of the premises. No other goods or services shall be provided on the premises. 

(u) Each Medical Marijuana Dispensing Facility shall comply with all applicable requirements of state and federal law, and shall comply with the following requirements:  



1. Conform to all applicable building statutes, codes, ordinances, and regulations, whether federal, state, or local; 

2. Conform to all applicable fire statutes, codes, ordinances, and regulations, whether federal, state, or local; 

3. Conform to all applicable health statutes, codes, ordinances, and regulations, whether federal, state, or local; and 

4. Conform to all applicable zoning and development regulations, including but not limited to the County Land Development Code. 

Sec. 10-517. – Requirements for ongoing compliance and inspections. 

(a) A valid Certificate of Approval and Premises Authorization issued pursuant to this Ordinance shall be prominently displayed in a common public area of the facility within ten (10) days of issuance. 

(b) In the event any information contained in the application materials submitted for a Certificate of Approval or Premises Authorization changes, an updated application must be filed with the Department within ten days of the change. Failure to do so will result in Certificate of Approval revocation and penalty as provided for in this Ordinance. 

(c) Whenever ownership or management of a Medical Marijuana Dispensing Facility is changed from the ownership and management approved at the time of approval of the Certificate of Approval, written notification of such change shall be provided by the Operator to the Department at least ten (10) days prior to the change. Adequate supplemental documentation shall be provided to demonstrate that all owners, Investors, and managers have successfully passed a level 2 background screening pursuant to Section 435.04, Florida Statutes, and have not been convicted of any felonies involving fraud, false representation, or distribution of controlled substances. Ownership or management interests shall not be transferred until the requirements of this subsection have been satisfied. 

(d) A valid business tax receipt must be maintained by the facility. 

(e) Each Medical Marijuana Dispensing Facility shall be required to undergo an annual inspection by the Department for purposes of evaluating continued compliance with Sec. 10-515 and Sec. 10-516 of this Ordinance. At the time of the annual inspection, the Operator shall be required to provide a sworn or affirmed statement that identifies changes to the application materials previously submitted, if any, or that the previously submitted information remains correct, and provides confirmation that the Operator and facility remains in compliance with all requirements and standards of this Ordinance. 

(f) The Department may perform inspection(s) of a premises as necessary to determine whether or not the application submitted is accurate in all respects and to verify compliance with the requirements contained in Sec. 10-515 and Sec. 10-516 of this Ordinance.  

(g) Any code enforcement officer, law enforcement officer, or any other persons authorized to enforce County ordinances must be allowed access for inspections of the Medical Marijuana Dispensing Facility premises at any time a staff person is present, for the purposes provided in this section. Failure to allow for inspection of the premises at any time by a code enforcement officer, law enforcement officer, or any other person authorized to enforce ordinance violations at any time a staff person is present shall be a violation of this Ordinance. 

Sec. 10-518. – Premises Authorization Requirements 


(a) After obtaining a Certificate of Approval, and prior to dispensing Medical Marijuana, an Operator shall select a location for its Medical Marijuana Dispensing Facility, and provide notice to the Department of the proposed facility location, identify the Certificate of Approval the proposed location will be associated with, and request issuance of Premises Authorization for such location. Such request shall be provided a minimum of 10 days prior to the dispensing of any Medical Marijuana from the location, and shall identify the location of the Medical Marijuana Dispensing Facility from which dispensing will occur. 

(b) Premises Authorization shall be granted for any location which complies with the requirements of this Ordinance and has demonstrated compliance with the County Land Development Code and all other applicable requirements. 

(c) Amendment of a Certificate of Approval and Premises Authorization solely to change the location of a Medical Marijuana Dispensing Facility shall not be denied so long as all other conditions for the issuance of a Certificate of Approval have been met and the new location complies with all premises requirements set forth in this Ordinance and all applicable Land Development Code requirements. 

Sec. 10-519. - Inspection of approved premises and issuance of Premises Authorization. 

(a) During business hours and other times of apparent activity, all approved premises shall be subject to inspection by the Administrator of this Ordinance, the Fire Chief, the Building Official, County Sheriff, or the authorized representative of any of them, for the purpose of investigating and determining compliance with Sec. 10-515 and Sec. 10-516 of this Ordinance and the applicable fire and building codes. Where any part of the premises requiring inspection for purposes of this subsection consists of a locked area, such area shall be made available for inspection, without delay, upon reasonable request. 

(b) Medical Marijuana may not be dispensed pursuant to a Certificate of Approval until the proposed premises have been inspected to determine compliance of the premises pursuant to subsection (a), and has issued Premises Authorization. 

(c) The Department shall, within 10 days of receipt of a request for Premises Authorization, and after inspection of the premises to be utilized in accordance with this section, notify the Certificate holder that it may begin dispensing Medical Marijuana at that premises and issue a Premises Authorization to the Certificate holder, or provide to the Operator written notice detailing the reasons the selected location does not comply with this Ordinance. A Premises Authorization issued pursuant to this Ordinance shall specify the Certificate of Approval pursuant to which it is issued, all information set forth on the Certificate of Approval, and the physical location of the premises approved, once such approval is received. 


Sec. 10-520. –Medical Marijuana Delivery by Medical Marijuana Delivery Businesses. 
Upon the effective date of this Ordinance, no Medical Marijuana Delivery Business, as defined in this Ordinance, may deliver Medical Marijuana within unincorporated Hillsborough County without first having obtained from the State of Florida approval to do so pursuant to the 
Compassionate Use Act or any other relevant law, and a Medical Marijuana Delivery Approval issued by the Department in accordance with the following requirements.   

(a) Each application for a Medical Marijuana Delivery Approval shall be accompanied by a nonrefundable application fee in the amount of $50.  The application fee is in addition to the $50 renewal fee due upon renewal of the Medical Marijuana Delivery Approval every five (5) years. Any changes to the application fees authorized by this Ordinance may be accomplished by resolution of the BOCC without the need to amend this Ordinance. 

(b) A Medical Marijuana Delivery Approval issued by the Department pursuant to this Ordinance shall specify the date of issuance, the period of licensure, and the name of the Medical Marijuana Delivery Business. A Medical Marijuana Delivery Approval issued under this Ordinance shall expire five (5) years after the date of its issuance. 

(c) Renewal of an existing Medical Marijuana Delivery Approval shall be automatic for successive five year periods upon payment of required fees to the Department. 

(d) Within the 30 days prior to the expiration date of an existing Medical Marijuana Delivery Approval, each Operator shall pay a nonrefundable renewal fee as set forth in the fee schedule adopted from time to time, to defray the costs incurred by the Department for review of the application, as well as any other costs associated with the processing of the application. The Operator is responsible for paying the renewal fee prior to expiration of the Medical Marijuana Delivery Approval. 

(e) A Medical Marijuana Delivery Approval shall be revoked if an Operator fails to remit a renewal fee prior to the expiration of the Certificate of Approval. Notwithstanding the expiration and revocation, an Operator whose Medical Marijuana Delivery Approval has been revoked for not more than 30 days may be reinstated upon the payment of a late fee, as set forth in the fee schedule adopted from time to time. 

(f) An Applicant for a new Medical Marijuana Delivery Approval, or a Medical Marijuana Delivery Business seeking to change the ownership of an existing Medical Marijuana Delivery Approval, pursuant to the Compassionate Use Act, any other applicable state law, and the provisions of this Ordinance, shall submit an application to the Department and shall provide the following information and documentation: 
Evidence of the State of Florida, Department of Health, Office of Compassionate Use’s (or any successor agency of the State of Florida’s) approval of the Operator to operate a Medical Marijuana Delivery Business pursuant to the Compassionate Use Act or any other relevant law; 
Identifying information, including license plate numbers and vehicle identification numbers, for each vehicle which will be engaged in the vehicle delivery of Medical Marijuana within the unincorporated county. 
Evidence that the Applicant continues to meet all requirements of Section 381.986(5)(b)(1), Florida Statutes; and 
Evidence that each employee or agent who will be engaged in the vehicle delivery of Medical Marijuana within the unincorporated county has successfully passed a level 2 background screening pursuant to Section 435.04, Florida Statutes. 
(g) The Medical Marijuana Delivery Business shall have a continuing obligation to update the above required documentation to ensure that at no time a Medical Marijuana Delivery 

Business operates in unincorporated Hillsborough County utilizing personnel who have not met the requirements of subparagraph (f)(4) or utilizes a vehicle for which information has not been submitted as required by subparagraph (f)(2). 

Sec. 10-521. - Grounds for Certificate of Approval or Medical Marijuana Delivery Approval revocation. 

(a) The Department may revoke or refuse to renew a Certificate of Approval or Medical Marijuana Delivery Approval for any of the following reasons, after notice and opportunity to cure is given: 

(b) For revocation of a Certificate of Approval, the Applicant or Operator, or his or her agent, manager, or employee, have violated, do not meet, or have failed to comply with any of the terms, requirements, or provisions of this Ordinance or with any applicable state law or regulation, and only if such failure materially impacts the accessibility, availability, or safety of the Medical Marijuana, or impacts the safety of persons at the Medical Marijuana Dispensing Facility. 
一. The Department shall provide notice of any of the above deficiencies accompanied by a 30 calendar day period in which to cure such deficiencies. 
一. Within 30 days of receipt of a notice of deficiencies, the Operator shall submit to the Department a plan to correct such deficiencies. 
一. The Operator must execute the plan within 30 days of the date the plan was submitted to the Department. 
一. If a plan is not timely submitted, or the plan is not timely executed, the Department may proceed to revoke the Certificate of Approval. 
一. Notwithstanding the foregoing, upon a finding by the Department for good cause shown that the continued operation of the Medical Marijuana Dispensing Facility presents an imminent and immediate grave threat to the public health or safety, the Department may issue an emergency order directing the Operator to temporarily cease sales at that location pending resolution of the deficiency. 
一.
(c) If dispensing fails to occur within 18 months of a Certificate of Approval being issued, the Certificate shall be revoked and shall be available for issuance to a new Applicant subject to the procedure for Certificate of Approval award provided in this Ordinance. 

(d) For revocation of a Medical Marijuana Delivery Approval, the Applicant or Operator, or his or her agent, manager, or employee, have violated, do not meet, or have failed to comply with any of the terms, requirements, or provisions of this Ordinance or with any applicable state law or regulation, and only if such failure materially impacts the accessibility, availability, or safety of the transport and delivery of Medical Marijuana within the unincorporated county. 

1. The Department shall provide notice of any of the above deficiencies accompanied by a 30 calendar day period in which to cure such deficiencies. 
2. Within 30 days of receipt of a notice of deficiencies, the Operator shall submit to the Department a plan to correct such deficiencies. 
3. The Operator must execute the plan within 30 days of the date the plan was submitted to the Department. 
4. If a plan is not timely submitted, or the plan is not timely executed, the Department may proceed to revoke the Medical Marijuana Delivery Approval. 
5. Notwithstanding the foregoing, upon a finding by the Department for good cause shown that the continued operation of the Medical Marijuana Delivery Business presents an imminent and immediate grave threat to the public health or safety, the Department may issue an emergency order directing the Operator to temporarily cease delivery within the unincorporated county pending resolution of the deficiency. 


Sec. 10-522. – Review of Certificate of Approval or Medical Marijuana Delivery Approval denial or revocation. 

(a) The Department shall provide written notice, with proof of delivery, of the denial of any new or renewal Certificate of Approval or Medical Marijuana Delivery Approval, or revocation of an existing approval, specifying in writing the grounds for the denial or revocation. 

(b) The applicant for Certificate of Approval or Medical Marijuana Delivery Approval whose application has been denied (except for an incomplete application) may request a formal review of the denial before the Department's assigned hearing officer if the applicant asserts that the denial was erroneous. 
The applicant must submit a written request for review indicating the specific alleged error or errors made by the Department along with any and all facts and documents that support the applicant's position that the decision to deny the application was in error. The request must be received by the Department within ten (10) business days of the delivery date of the denial notice. 
The review shall be performed by an independent hearing officer appointed by the County to perform license reviews and hearings. The hearing officer shall review the applicant's request and all supporting documents to determine if by the preponderance of the evidence, sufficient cause exists to grant a hearing on the request. In the event the applicant's request and supporting documents do not state a prima facie case that error has occurred, the hearing officer may summarily dismiss the request and notify the applicant in writing of the dismissal. Whenever, in the opinion of the hearing officer, an applicant's request and supporting documentation establishes a prima facie case of error, a hearing will be set and conducted for the hearing officer to rule upon the matter. The standard of review shall be whether, based on clear and convincing evidence, the facts support the denial. 
(c) The holder of a Certificate of Approval, or Medical Marijuana Delivery Approval, whose approval has been revoked may request a hearing before the assigned hearing officer.  

1. The applicant must submit a written request for hearing, which must be received by the Department within ten (10) business days of the delivery date of the revocation notice.  
2. A hearing will be set and conducted by an independent hearing officer appointed by the County to perform reviews and hearings. The standard of review shall be whether, based on clear and convincing evidence, the facts support the revocation. 
(d) The County Administrator shall adopt a policy establishing review and hearing procedures. Reviews and hearings will be conducted in accordance with that policy. In addition to other powers of the hearing officer as set forth under the County Administrator's policy, the hearing officer shall have the power to issue subpoenas for the production of documents and attendance of witnesses at a hearing, upon the written request of either the Department or applicant or approval holder. The decision of the hearing officer shall be final.  



Sec. 10-523. - Violations. 
It shall be unlawful for any person to violate any provision of this Ordinance or to operate a Medical Marijuana Dispensing Facility without a valid County-issued Medical Marijuana Dispensing Facility Certificate of Approval and Premises Authorization. 

Sec. 10-524. - Service of notice; public records. 

(a) Any notice required by this Ordinance shall be in writing and sent by certified mail or hand delivery to the mailing address set forth on the application for the Medical Marijuana Dispensing Facility Certificate of Approval, except that notices for Code violations shall be provided in the manner prescribed in Chapter 14 of this Code. The mailing address included in the application shall be considered the correct mailing address. It shall be the obligation of the holder of the Medical Marijuana Dispensing Facility Certificate of Approval to provide the Department with notification of its updated address for notice purposes. 

(b) Any information contained in any application or submission under this Ordinance is subject to the public records law, Chapter 119, Florida Statutes, unless specifically exempted by law. 


Sec. 10-525. - Enforcement and penalties. 
The County's code enforcement officers, law enforcement or any other person authorized to enforce County ordinances may enforce the provisions of this Ordinance.  
(a) Any violations of this Ordinance may be prosecuted in any or all of the following manners: 

1. Pursuant to the provisions of Section 125.69, Florida Statutes, any person violating these provisions may be subject to prosecution in the name of the State in the same manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punished by a fine not to exceed $500.00, or by imprisonment in the County jail not to exceed 60 days, or by both such fine and imprisonment;  

2. In addition to or in lieu of any other remedy, any person who violates this section may be subject to administrative actions as authorized in Chapter 162, Florida Statutes, (Parts I and/or II) and outlined in Hillsborough County Code of Ordinances and Laws, Part A, Chapter 14, as amended. 

3. A Hearing Master may be appointed and shall have jurisdiction to conduct hearings and decide if a person has failed to comply with any of the relevant provisions in this Ordinance. A Hearing Master shall have all of the powers granted to them by Resolution of the BOCC. 

4. Nothing contained herein shall prevent the County from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including, but not limited to, pursuit of injunctive and/or declaratory relief and/or enjoinment, or other equitable relief in a court of competent jurisdiction, or 
initiating an action to recover any and all damages that may result from a violation of, or refusal to comply with, any part of this Ordinance. 
5. Each day of a continuing violation shall constitute a separate violation 

(b) Nothing contained herein shall prevent the County from taking such other lawful action in law and equity as may be necessary to remedy any violation of, or refusal to comply with, any part of this Ordinance, including but not limited to:  
1 Revocation of the Certificate of Approval for the Medical Marijuana Dispensing Business, or revocation of the approval for the Medical Marijuana Delivery Business, in accordance with this Ordinance; or 
2 Initiating any action to recover any and all damages that may result from a violation of or refusal to comply with any part of this Ordinance; or  
3 Utilizing any other action or enforcement method allowable by law. 


Sec. 10-526. - No County liability; indemnification; no defense. 

(a) By accepting a Certificate of Approval and Premises Authorization issued pursuant to this Ordinance, the Operator waives any claim concerning, and releases the County, its officers, elected officials, employees, attorneys and agents from, any liability for injuries or damages of any kind that result from any arrest or prosecution of business owners, Operators, employees, clients, or customers of the Operator for a violation of state or federal laws, rules, or regulations. 

(b) By accepting a Certificate of Approval and Premises Authorization issued pursuant to this Ordinance, all Operators, jointly and severally if more than one, agree to indemnify, defend, and hold harmless the County, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims, and demands on account of any injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever arising out of or in any manner connected with the operation of the Medical Marijuana Dispensing Facility that is the subject of the Certificate of Approval and Premises Authorization. 

(c) The issuance of a Certificate of Approval and Premises Authorization pursuant to this Ordinance shall not be deemed to create an exception, defense, or immunity for any person in regard to any potential criminal liability the person may have under state or federal law for the cultivation, possession, sale, distribution, or use of Medical Marijuana.  


Sec. 10-527. – Severability. 
If any section, subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. 


STATE OF FLORIDA } COUNTY OF HILLSBOROUGH } 
I, PAT FRANK, Clerk of the Circuit Court and Ex Officio Clerk of the Board of County Commissioners of Hillsborough County, Florida, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance adopted by the Board at its regular meeting on the ___ day of _____________, 2017, by a vote of _______ voting yes and ______ voting no, as the same appears in record in Minute Book ________ of the Public Records of Hillsborough County, Florida 
WITNESS my hand and official seal this ______ day of _______________, 2017. 
PAT FRANK CLERK OF THE CIRCUIT COURT 
BY:_____________________________ 
Deputy Clerk 
Approved By County Attorney As To Form and Legal Sufficiency: 
By: ________________________ Assistant County Attorney 

Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: March 8, 2017, 2:53 am

DUI checkpoint on Friday, February 17 to Saturday, February 18.  Officers will be stationed near the 7200 block of Adamo Drive  from 10 p.m. – 1 a.m.  

Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: February 18, 2017, 5:22 am
Standing room only at Amendment 2 cannabis rules hearing.
Florida Cannabis Dispensary Rules
I spent most of the morning at the University of South Florida where are the Florida Department of Health is having hearings on exactly what the rules will say after passage of Florida's Amendment 2.

Standing Room Only at Marijuana Rules Hearing

It was standing room only I will post the agenda and some pictures soon. A cancer researcher and physician spoke passionately on issues of nausea relief at the hearing -  not a single speaker was in favor of more restrictive rules at the Florida cannabis laws hearing.


Probably should support NORML to advocate for fair Florida cannabis laws. For at least 2 hours, panelists listened to sufferers complain that weed doctors will not prescribe because of a 90-day rule limitation or until these cannabis rules are written.


Not #FakeNews


There were many members of the mainstream media at the hearing - this is not fake news. These Regulators will be tin-eared, if they draft more restrictive rules than Amendment 2 allowed.

We were at the University of South Florida Research Park covering the Florida Department of Health rulemaking hearing.









Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: February 8, 2017, 3:52 pm

This is a Photosphere taken with a special Nexus camera. In two minutes the camera captures several images and then assembles them into a single image where the viewer can be immersed. On a tablet, the image will move to view in all directions. In a virtual headset, it will put you on the beach.

Click or tap the screen and zoom, drag left, right, up, and down. Bring your sunscreen.


Beach Photosphere


Take a look around.

 
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: February 7, 2017, 3:26 pm
Florida Medical Marijuana Weed Doctors
Florida Weed Docs Map
For those looking for a weed doctor in Florida - we present this map.

How to Find a Weed Doctor to get MMJ in the State of Florida


The medical marijuana / weed doctor map will be kept as current as possible.

#weed #mmj

Source: https://www.leafly.com/news/health/medical-marijuana-doctors-florida-mapped

Map of Florida Doctors and Dispensaries


Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: February 7, 2017, 4:15 am
Below is the complete text of the Florida Senate Bill of the proposed
Medical Marijuana Statute in Florida. It will be called:

"An act relating to compassionate use of low-THC cannabis and marijuana."





Florida Medical Marijuana Law - Complete Proposed Text of Senate Bill, #CannabisLaw, #MedicalMarijuana, #Cannabis, #Florida 



Sources:
http://www.tampabay.com/news/politics/stateroundup/medical-marijuana-lags-in-the-legislature/2310805
https://www.flsenate.gov/Session/Bill/2017/0406/BillText/Filed/PDF
https://www.flsenate.gov/Session/Bill/2017/0406/BillText/Filed/HTML





    1                        A bill to be entitled                      
2 An act relating to compassionate use of low-THC
3 cannabis and marijuana; amending s. 381.986, F.S.;
4 defining and redefining terms; authorizing physicians
5 to issue physician certifications to specified
6 patients who meet certain conditions; authorizing
7 physicians to make specific determinations in
8 certifications; requiring physicians to meet certain
9 conditions to be authorized to issue and make
10 determinations in physician certifications; requiring
11 written consent of a parent or legal guardian for the
12 treatment of minors; requiring that certain physicians
13 annually reexamine and reassess patients and update
14 patient information in the compassionate use registry;
15 revising criminal penalties; authorizing a distance
16 learning format for a specified course and reducing
17 the number of hours required for the course; providing
18 that physicians who meet specified requirements are
19 grandfathered for the purpose of specified education
20 requirements; authorizing qualifying patients to
21 designate caregivers; requiring caregivers to meet
22 specified requirements; prohibiting a qualifying
23 patient from designating more than one caregiver at
24 any given time; providing exceptions; requiring the
25 Department of Health to register caregivers meeting
26 certain requirements on the compassionate use
27 registry; revising the entities to which the
28 compassionate use registry must be accessible;
29 requiring the department to adopt certain rules by a
30 specified date; authorizing the department to charge a
31 fee for identification cards; requiring the department
32 to begin issuing identification cards to qualified
33 registrants by a specific date; providing requirements
34 for the identification cards; requiring the department
35 to register certain dispensing organizations as
36 medical marijuana treatment centers by a certain date;
37 requiring the department to register additional
38 medical marijuana treatment centers in accordance with
39 a specified schedule; deleting obsolete provisions;
40 revising the operational requirements for medical
41 marijuana treatment centers; authorizing the
42 department to waive certain requirements under
43 specified circumstances; requiring that certain
44 receptacles be child proof; requiring that additional
45 information be included on certain labels; requiring
46 that a medical marijuana treatment center comply with
47 certain standards in the production and dispensing of
48 edible or food products; requiring a medical marijuana
49 treatment center to enter additional information into
50 the compassionate use registry; requiring a medical
51 marijuana treatment center to keep a copy of a
52 transportation manifest in certain vehicles at certain
53 times; requiring the department to adopt rules related
54 to ownership changes or changes in an owner’s
55 investment interest; providing applicability;
56 conforming provisions to changes made by the act;
57 amending ss. 381.987, 385.211, 499.0295, and 1004.441,
58 F.S.; conforming provisions to changes made by the
59 act; providing an effective date.


60
   61  Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Section 381.986, Florida Statutes, is amended to
64 read:
65 381.986 Compassionate use of low-THC and medical cannabis
66 and marijuana.—
67 (1) DEFINITIONS.—As used in this section, the term:
68 (a) “Cannabis delivery device” means an object used,
69 intended for use, or designed for use in preparing, storing,
70 ingesting, inhaling, or otherwise introducing marijuana low-THC
71 cannabis or medical cannabis into the human body.
72 (b)“Caregiver” has the same meaning as provided in s. 29,
73 Art. X of the State Constitution.
74 (c)“Chronic nonmalignant pain” means pain that is caused
75 by a debilitating medical condition or that originates from a
76 debilitating medical condition and persists beyond the usual
77 course of that debilitating medical condition.
78 (d)“Close relative” means a spouse, parent, sibling,
79 grandparent, child, or grandchild, whether related by whole or
80 half-blood, by marriage, or by adoption.
81 (e)(b)Debilitating medical condition” has the same
82 meaning as provided in s. 29, Art. X of the State Constitution
83 Dispensing organization means an organization approved by the
84 department to cultivate, process, transport, and dispense low
85 THC cannabis or medical cannabis pursuant to this section.
86 (f)(c) “Independent testing laboratory” means a laboratory,
87 including the managers, employees, or contractors of the
88 laboratory, which has no direct or indirect interest in a
89 medical marijuana treatment center a dispensing organization.
90 (g)(d) “Legal representative” means the qualifying
91 qualified patient’s parent, legal guardian acting pursuant to a
92 court’s authorization as required under s. 744.3215(4), health
93 care surrogate acting pursuant to the qualifying qualified
94 patient’s written consent or a court’s authorization as required
95 under s. 765.113, or an individual who is authorized under a
96 power of attorney to make health care decisions on behalf of the
97 qualifying qualified patient.
98 (h)(e) “Low-THC cannabis” means a plant of the genus
99 Cannabis, the dried flowers of which contain 0.8 percent or less
100 of tetrahydrocannabinol and more than 10 percent of cannabidiol
101 weight for weight; the seeds thereof; the resin extracted from
102 any part of such plant; or any compound, manufacture, salt,
103 derivative, mixture, or preparation of such plant or its seeds
104 or resin that is dispensed only by a medical marijuana treatment
105 center from a dispensing organization.
106 (i)(f)Marijuana” has the same meaning as provided in s.
107 29, Art. X of the State Constitution Medical cannabis means
108 all parts of any plant of the genus Cannabis, whether growing or
109 not; the seeds thereof; the resin extracted from any part of the
110 plant; and every compound, manufacture, sale, derivative,
111 mixture, or preparation of the plant or its seeds or resin that
112 is dispensed only from a dispensing organization for medical use
113 by an eligible patient as defined in s. 499.0295.
114 (j)“Medical marijuana treatment center” or “MMTC” has the
115 same meaning as provided in s. 29, Art. X of the State
116 Constitution.
117 (k)(g) “Medical use” has the same meaning as provided in s.
118 29, Art. X of the State Constitution means administration of the
119 ordered amount of low-THC cannabis or medical cannabis. The term
120 does not include the:
121 1. Possession, use, or administration of marijuana low-THC
122 cannabis or medical cannabis by smoking.
123 2.Possession, use, or administration of marijuana that was
124 not purchased or acquired from an MMTC registered with the
125 Department of Health.
126 3.2. Transfer of marijuana low-THC cannabis or medical
127 cannabis to a person other than the qualifying qualified patient
128 for whom it was ordered or the qualifying qualified patient’s
129 caregiver legal representative on behalf of the qualifying
130 qualified patient.
131 4.Use or administration of any type or amount of marijuana
132 not specified on the qualifying patient’s physician
133 certification.
134 5.3. Use or administration of marijuana low-THC cannabis or
135 medical cannabis:
136 a. On any form of public transportation.
137 b. In any public place.
138 c. In a qualifying qualified patient’s place of employment,
139 if restricted by his or her employer.
140 d. In a state correctional institution as defined in s.
141 944.02 or a correctional institution as defined in s. 944.241.
142 e. On the grounds of a preschool, primary school, or
143 secondary school.
144 f. On a school bus or in a vehicle, aircraft, or motorboat.
145 (l)(h) “Qualifying Qualified patient” has the same meaning
146 as provided in s. 29, Art. X of the State Constitution but also
147 includes eligible patients, as that term is defined in s.
148 499.0295, and patients who are issued a physician certification
149 under subparagraph (2)(a)2. or subparagraph (2)(a)3. A patient
150 is not a qualifying patient unless he or she is registered with
151 the department and has been issued a compassionate use registry
152 identification card means a resident of this state who has been
153 added to the compassionate use registry by a physician licensed
154 under chapter 458 or chapter 459 to receive low-THC cannabis or
155 medical cannabis from a dispensing organization.
156 (m)(i) “Smoking” means burning or igniting a substance and
157 inhaling the smoke. Smoking does not include the use of a
158 vaporizer.
159 (2) PHYSICIAN CERTIFICATION ORDERING.—
160 (a) A physician is authorized to issue a physician
161 certification to:
162 1.A patient suffering from a debilitating medical
163 condition, which allows the patient to receive marijuana for the
164 patient’s medical use;
165 2.A order low-THC cannabis to treat a qualified patient
166 suffering from cancer or a physical medical condition that
167 chronically produces symptoms of seizures or severe and
168 persistent muscle spasms, which allows the patient to receive
169 low-THC cannabis for the patient’s medical use;
170 3.A patient suffering from chronic nonmalignant pain, if
171 the physician has diagnosed an underlying debilitating medical
172 condition as the cause of the pain, which allows the patient to
173 receive marijuana for the patient’s medical use order low-THC
174 cannabis to alleviate the patient’s pain symptoms of such
175 disease, disorder, or condition, if no other satisfactory
176 alternative treatment options exist for the qualified patient;
177 or
178 4.order medical cannabis to treat An eligible patient as
179 defined in s. 499.0295, which allows the patient to receive
180 marijuana for the patient’s medical use.;
181 (b) In the physician certification, the physician may also
182 specify one or more or order a cannabis delivery devices to
183 assist with device for the patient’s medical use of marijuana.
184 low-THC cannabis or medical cannabis,
185 (c)A physician may certify a patient and specify a
186 delivery device under paragraphs (a) and (b) only if the
187 physician:
188 1.(a) Holds an active, unrestricted license as a physician
189 under chapter 458 or an osteopathic physician under chapter 459;
190 (b) Has treated the patient for at least 3 months
191 immediately preceding the patient’s registration in the
192 compassionate use registry;
193 2.(c) Has successfully completed the course and examination
194 required under paragraph (4)(a);
195 3.Has conducted a physical examination and made a full
196 assessment of the medical history of the patient;
197 4.Has determined that, in the physician’s professional
198 opinion, the patient meets one or more of the criteria specified
199 in paragraph (a);
200 5.(d) Has determined that the medical use of marijuana
201 would likely outweigh the potential health risks to of treating
202 the patient with low-THC cannabis or medical cannabis are
203 reasonable in light of the potential benefit to the patient. If
204 a patient is younger than 18 years of age, a second physician
205 must concur with this determination, and such determination must
206 be documented in the patient’s medical record;
207 6.(e) Registers as the patient’s physician orderer of low
208 THC cannabis or medical cannabis for the named patient on the
209 compassionate use registry maintained by the department and
210 updates the registry to reflect the contents of the order,
211 including the amount of marijuana low-THC cannabis or medical
212 cannabis that will provide the patient with not more than a 90
213 day 45-day supply and any a cannabis delivery device needed by
214 the patient for the medical use of marijuana low-THC cannabis or
215 medical cannabis. If the physician’s recommended amount of
216 marijuana for a 90-day supply changes, the physician must also
217 update the registry within 7 days after the any change is made
218 to the original order to reflect the change. The physician shall
219 deactivate the registration of the patient and the patient’s
220 legal representative when the physician no longer recommends the
221 medical use of marijuana for the patient treatment is
222 discontinued;
223 7.(f) Maintains a patient treatment plan that includes the
224 dose, route of administration, planned duration, and monitoring
225 of the patient’s symptoms and other indicators of tolerance or
226 reaction to the marijuana low-THC cannabis or medical cannabis;
227 8.(g) Submits the patient treatment plan quarterly to the
228 University of Florida College of Pharmacy for research on the
229 safety and efficacy of marijuana low-THC cannabis and medical
230 cannabis on patients; and
231 9.(h) Obtains the voluntary written informed consent of the
232 patient or the patient’s legal representative to treatment with
233 marijuana low-THC cannabis after sufficiently explaining the
234 current state of knowledge in the medical community of the
235 effectiveness of treatment of the patient’s condition with
236 marijuana low-THC cannabis, the medically acceptable
237 alternatives, and the potential risks and side effects. If the
238 patient is a minor, the patient’s parent or legal guardian must
239 consent to treatment in writing. If the patient is an eligible
240 patient as defined in s. 499.0295, the physician must obtain
241 written informed consent as defined in and required by s.
242 499.0295.;
243 (d)At least annually, a physician must recertify the
244 qualifying patient pursuant to paragraph (c).
245 (i)Obtains written informed consent as defined in and
246 required under s. 499.0295, if the physician is ordering medical
247 cannabis for an eligible patient pursuant to that section; and
248 (e)(j)A physician may not issue a physician certification
249 if the physician is not a medical director employed by an MMTC a
250 dispensing organization.
251 (f) An order for low-THC cannabis or medical cannabis
252 issued pursuant to former s. 381.986, Florida Statutes 2016 and
253 registered with the compassionate use registry on the effective
254 date of this act, shall be considered a physician certification
255 issued pursuant to this subsection. The details and expiration
256 date of such certification must be identical to the details and
257 expiration date of the order as logged in the compassionate use
258 registry. Until the department begins issuing compassionate use
259 registry identification cards, all patients with such orders
260 shall be considered qualifying patients, notwithstanding the
261 requirement that a qualifying patient have a compassionate use
262 registry identification card.
263 (3) PENALTIES.—
264 (a) A physician commits a misdemeanor of the first degree,
265 punishable as provided in s. 775.082 or s. 775.083, if the
266 physician issues a physician certification for marijuana to
267 orders low-THC cannabis for a patient in a manner other than as
268 required in subsection (2) without a reasonable belief that the
269 patient is suffering from:
270 1. Cancer or A physical medical condition that chronically
271 produces symptoms of seizures or severe and persistent muscle
272 spasms that can be treated with low-THC cannabis; or
273 2. Symptoms of cancer or a physical medical condition that
274 chronically produces symptoms of seizures or severe and
275 persistent muscle spasms that can be alleviated with low-THC
276 cannabis.
277 (b) A physician commits a misdemeanor of the first degree,
278 punishable as provided in s. 775.082 or s. 775.083, if the
279 physician orders medical cannabis for a patient without a
280 reasonable belief that the patient has a terminal condition as
281 defined in s. 499.0295.
282 (b)(c) A person who fraudulently represents that he or she
283 has a debilitating medical condition cancer, a physical medical
284 condition that chronically produces symptoms of seizures or
285 severe and persistent muscle spasms, chronic nonmalignant pain,
286 or a terminal condition as defined in s. 499.0295 to a physician
287 for the purpose of being issued a physician certification for
288 marijuana ordered low-THC cannabis, medical cannabis, or a
289 cannabis delivery device by such physician commits a misdemeanor
290 of the first degree, punishable as provided in s. 775.082 or s.
291 775.083.
292 (c)(d)A qualifying patient an eligible patient as defined
293 in s. 499.0295 who uses marijuana medical cannabis, and such
294 patient’s caregiver legal representative who administers
295 marijuana medical cannabis, in plain view of or in a place open
296 to the general public, on the grounds of a school, or in a
297 school bus, vehicle, aircraft, or motorboat, commits a
298 misdemeanor of the first degree, punishable as provided in s.
299 775.082 or s. 775.083.
300 (d)A qualifying patient or caregiver who cultivates
301 marijuana or who purchases or acquires marijuana from any person
302 or entity other than an MMTC commits a misdemeanor of the first
303 degree, punishable as provided in s. 775.082 or s. 775.083.
304 (e)A caregiver who violates any of the applicable
305 provisions of this section or applicable department rules
306 commits, upon the first offense, a misdemeanor of the second
307 degree, punishable as provided in s. 775.082 or s. 775.083 and,
308 upon the second and subsequent offenses, a misdemeanor of the
309 first degree, punishable as provided in s. 775.082 or s.
310 775.083.
311 (f)(e) A physician who issues a physician certification for
312 marijuana orders low-THC cannabis, medical cannabis, or a
313 cannabis delivery device and receives compensation from an MMTC
314 a dispensing organization related to issuing the physician
315 certification for marijuana the ordering of low-THC cannabis,
316 medical cannabis, or a cannabis delivery device is subject to
317 disciplinary action under the applicable practice act and s.
318 456.072(1)(n).
319 (4) PHYSICIAN EDUCATION.—
320 (a) Before a physician may issue a physician certification
321 pursuant to subsection (2) ordering low-THC cannabis, medical
322 cannabis, or a cannabis delivery device for medical use by a
323 patient in this state, the appropriate board shall require the
324 ordering physician to successfully complete a 4-hour an 8-hour
325 course and subsequent examination offered by the Florida Medical
326 Association or the Florida Osteopathic Medical Association which
327 that encompasses the clinical indications for the appropriate
328 use of marijuana low-THC cannabis and medical cannabis, the
329 appropriate cannabis delivery devices, the contraindications for
330 such use, and the relevant state and federal laws governing the
331 issuance of physician certifications ordering, as well as
332 dispensing, and possessing of these substances and devices. The
333 course and examination shall be administered at least quarterly
334 annually. Successful completion of the course may be used by a
335 physician to satisfy 4 hours 8 hours of the continuing medical
336 education requirements required by his or her respective board
337 for licensure renewal. This course may be offered in a distance
338 learning format, including an electronic, online format that is
339 available on request. Physicians who have completed an 8-hour
340 course and subsequent examination offered by the Florida Medical
341 Association or the Florida Osteopathic Medical Association which
342 encompasses the clinical indications for the appropriate use of
343 marijuana and who are registered in the compassionate use
344 registry on the effective date of this act, are deemed to meet
345 the requirements of this paragraph.
346 (b) The appropriate board shall require the medical
347 director of each MMTC dispensing organization to hold an active,
348 unrestricted license as a physician under chapter 458 or as an
349 osteopathic physician under chapter 459 and successfully
350 complete a 2-hour course and subsequent examination offered by
351 the Florida Medical Association or the Florida Osteopathic
352 Medical Association which that encompasses appropriate safety
353 procedures and knowledge of marijuana low-THC cannabis, medical
354 cannabis, and cannabis delivery devices.
355 (c) Successful completion of the course and examination
356 specified in paragraph (a) is required for every physician who
357 orders low-THC cannabis, medical cannabis, or a cannabis
358 delivery device each time such physician renews his or her
359 license. In addition, successful completion of the course and
360 examination specified in paragraph (b) is required for the
361 medical director of each dispensing organization each time such
362 physician renews his or her license.
363 (c)(d) A physician who fails to comply with this subsection
364 and issues a physician certification for marijuana who orders
365 low-THC cannabis, medical cannabis, or a cannabis delivery
366 device may be subject to disciplinary action under the
367 applicable practice act and under s. 456.072(1)(k).
368 (5) CAREGIVERS.—
369 (a)During the course of registration with the department
370 for inclusion on the compassionate use registry, or at any time
371 while registered, a qualifying patient may designate an
372 individual as his or her caregiver to assist him or her with the
373 medical use of marijuana. The designated caregiver must be 21
374 years of age or older, unless the patient is a close relative of
375 the caregiver; must agree in writing to be the qualifying
376 patient’s caregiver; may not receive compensation, other than
377 actual expenses incurred, for assisting the qualifying patient
378 with the medical use of marijuana unless the caregiver is acting
379 pursuant to employment in a licensed facility in accordance with
380 subparagraph (c)2.; and must pass a level 2 screening pursuant
381 to chapter 435, unless the patient is a close relative of the
382 caregiver.
383 (b)A qualifying patient may have only one designated
384 caregiver at any given time unless all of the patient’s
385 caregivers are his or her close relatives or legal
386 representatives.
387 (c)A caregiver may assist only one qualifying patient at
388 any given time unless:
389 1.All qualifying patients the caregiver is assisting are
390 close relatives of each other and the caregiver is the legal
391 representative of at least one of the patients; or
392 2.All qualifying patients the caregiver is assisting are
393 receiving hospice services, or are residents, in the same
394 assisted living facility, nursing home, or other licensed
395 facility and have requested the assistance of that caregiver
396 with the medical use of marijuana; the caregiver is an employee
397 of the hospice or licensed facility; and the caregiver provides
398 personal care or services directly to clients of the hospice or
399 licensed facility as a part of his or her employment duties at
400 the hospice or licensed facility.
401 (d)The department must register a caregiver on the
402 compassionate use registry and issue him or her a caregiver
403 identification card if he or she is designated by a qualifying
404 patient pursuant to paragraph (a) and meets all of the
405 requirements of this subsection and department rule.
406 (6)(5) DUTIES OF THE DEPARTMENT.—The department shall:
407 (a) Create and maintain a secure, electronic, and online
408 compassionate use registry for the registration of physicians,
409 patients, and caregivers the legal representatives of patients
410 as provided under this section. The registry must be accessible
411 to:
412 1.Practitioners licensed under chapter 458 or chapter 459,
413 to ensure proper care for patients requesting physician
414 certifications;
415 2.Practitioners licensed to prescribe prescription drugs,
416 to ensure proper care for patients before prescribing
417 medications that may interact with the medical use of marijuana;
418 3. Law enforcement agencies, to verify the authorization of
419 a qualifying patient or a patient’s caregiver to possess
420 marijuana or a cannabis delivery device; and
421 4.MMTCs, to a dispensing organization to verify the
422 authorization of a qualifying patient or a patient’s caregiver
423 legal representative to possess marijuana low-THC cannabis,
424 medical cannabis, or a cannabis delivery device and to record
425 the marijuana low-THC cannabis, medical cannabis, or cannabis
426 delivery device dispensed.
427
428 The registry must prevent an active registration of a patient by
429 multiple physicians.
430 (b) By July 3, 2017, adopt rules establishing procedures
431 for the issuance, annual renewal, suspension, and revocation of
432 compassionate use registry identification cards for patients and
433 caregivers who are residents of this state. The department may
434 charge a reasonable fee associated with the issuance and renewal
435 of patient and caregiver identification cards. By October 3,
436 2017, the department shall begin issuing identification cards to
437 adult patients who are residents of this state and who have a
438 physician certification that meets the requirements of
439 subsection (2); minor patients who are residents of this state
440 and who have a physician certification that meets the
441 requirements of subsection (2) and the written consent of a
442 parent or legal guardian; and caregivers registered pursuant to
443 subsection (5). Patient and caregiver identification cards must
444 be resistant to counterfeiting and tampering and must include at
445 least the following:
446 1. The name, address, and date of birth of the patient or
447 caregiver, as appropriate;
448 2. A full-face, passport-type, color photograph of the
449 patient or caregiver, as appropriate, taken within the 90 days
450 immediately preceding registration;
451 3. Designation of the cardholder as a patient or caregiver;
452 4. A unique numeric identifier for the patient or caregiver
453 which is matched to the identifier used for such person in the
454 department’s compassionate use registry. A caregiver’s
455 identification number and file in the compassionate use registry
456 must be linked to the file of the patient or patients the
457 caregiver is assisting so that the caregiver’s status may be
458 verified for each patient individually;
459 5. The expiration date, which shall be 1 year after the
460 date of issuance of the identification card or the date
461 treatment ends as provided in the patient’s physician
462 certification, whichever occurs first; and
463 6. For caregivers who are assisting three or fewer
464 qualifying patients, the names and unique numeric identifiers of
465 the qualifying patient or patients that the caregiver is
466 assisting.
467 (c)As soon as practicable after the effective date of this
468 act, update its records by registering each dispensing
469 organization approved pursuant to chapter 2014-157, Laws of
470 Florida, or chapter 2016-123, Laws of Florida, as an MMTC with
471 an effective registration date that coincides with that
472 dispensing organization’s date of approval as a dispensing
473 organization. On the effective date of this act, all dispensing
474 organizations approved pursuant to chapter 2014-157, Laws of
475 Florida, or chapter 2016-123, Laws of Florida, are deemed to be
476 registered MMTCs. The department may not require a dispensing
477 organization approved pursuant to chapter 2014-157, Laws of
478 Florida, or chapter 2016-123, Laws of Florida, to submit an
479 application and may not charge the dispensing organization an
480 application or registration fee for the initial registration of
481 that dispensing organization as an MMTC pursuant to this
482 section. For purposes of the requirement that an MMTC comply
483 with the representations made in its application pursuant to
484 subsection (7), an MMTC registered pursuant to this paragraph
485 shall continue to comply with the representations made in its
486 application for approval as a dispensing organization, including
487 any revision authorized by the department before the effective
488 date of this act. After the effective date of this act, the
489 department may grant variances from the representations made in
490 a dispensing organization’s application for approval pursuant to
491 subsection (7). For purposes of the definition of the term
492 “marijuana” in s. 29, of Art. X of the State Constitution, an
493 MMTC is deemed to be a dispensing organization as that term is
494 defined in former s. 381.986(1)(a), Florida Statutes 2014
495 Authorize the establishment of five dispensing organizations to
496 ensure reasonable statewide accessibility and availability as
497 necessary for patients registered in the compassionate use
498 registry and who are ordered low-THC cannabis, medical cannabis,
499 or a cannabis delivery device under this section, one in each of
500 the following regions: northwest Florida, northeast Florida,
501 central Florida, southeast Florida, and southwest Florida.
502 (d)Within 6 months after the registration of 250,000
503 active qualifying patients in the compassionate use registry,
504 the department must register five additional MMTCs, including,
505 but not limited to, an applicant that is a recognized class
506 member of Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999) or In
507 re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011) and a
508 member of the Black Farmers and Agriculturalists Association.
509 Additionally, the department must register an additional five
510 MMTCs within 6 months after the registration of each of the
511 following totals of the number of patients in the compassionate
512 use registry: 350,000 qualifying patients; 400,000 qualifying
513 patients; 500,000 qualifying patients; and then the registration
514 of each additional 100,000 qualifying patients above 500,000, if
515 a sufficient number of MMTC applicants meet the registration
516 requirements established in this section and by department rule.
517 (e) The department shall develop an application form for
518 registration as an MMTC and impose an initial application and
519 biennial renewal fee that is sufficient to cover the costs of
520 administering this section. To be registered as an MMTC, the an
521 applicant for approval as a dispensing organization must be able
522 to demonstrate:
523 1. The technical and technological ability to cultivate and
524 produce low-THC cannabis and marijuana. The applicant must
525 possess a valid certificate of registration issued by the
526 Department of Agriculture and Consumer Services pursuant to s.
527 581.131 that is issued for the cultivation of more than 400,000
528 plants, be operated by a nurseryman as defined in s. 581.011,
529 and have been operated as a registered nursery in this state for
530 at least 30 continuous years.
531 2. The ability to secure the premises, resources, and
532 personnel necessary to operate as an MMTC a dispensing
533 organization.
534 3. The ability to maintain accountability of all raw
535 materials, finished products, and any byproducts to prevent
536 diversion or unlawful access to or possession of these
537 substances.
538 4. An infrastructure reasonably located to dispense low-THC
539 cannabis and marijuana to registered qualifying patients
540 statewide or regionally as determined by the department.
541 5. The financial ability to maintain operations for the
542 duration of the 2-year approval cycle, including the provision
543 of certified financials to the department. Upon approval, the
544 applicant must post a $5 million performance bond. However, upon
545 an MMTC a dispensing organization’s serving at least 1,000
546 qualifying qualified patients, the MMTC dispensing organization
547 is only required to maintain a $2 million performance bond.
548 6. That all owners and managers have been fingerprinted and
549 have successfully passed a level 2 background screening pursuant
550 to s. 435.04.
551 7. The employment of a medical director to supervise the
552 activities of the MMTC dispensing organization.
553 (c) Upon the registration of 250,000 active qualified
554 patients in the compassionate use registry, approve three
555 dispensing organizations, including, but not limited to, an
556 applicant that is a recognized class member of Pigford v.
557 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
558 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the
559 Black Farmers and Agriculturalists Association, which must meet
560 the requirements of subparagraphs (b)2.-7. and demonstrate the
561 technical and technological ability to cultivate and produce
562 low-THC cannabis.
563 (f)(d) Allow an MMTC a dispensing organization to make a
564 wholesale purchase of marijuana low-THC cannabis or medical
565 cannabis from, or a distribution of marijuana low-THC cannabis
566 or medical cannabis to, another MMTC dispensing organization.
567 (g)(e) Monitor physician registration in the compassionate
568 use registry and the issuance of physician certifications
569 pursuant to subsection (2) ordering of low-THC cannabis, medical
570 cannabis, or a cannabis delivery device for ordering practices
571 that could facilitate unlawful diversion or misuse of marijuana
572 low-THC cannabis, medical cannabis, or a cannabis delivery
573 devices device and take disciplinary action as indicated.
574 (7)(6)MEDICAL MARIJUANA TREATMENT CENTERS DISPENSING
575 ORGANIZATION.—Each MMTC must register with the department. A
576 registered MMTC An approved dispensing organization must, at all
577 times, maintain compliance with paragraph (6)(e), the criteria
578 demonstrated for selection and approval as a dispensing
579 organization under subsection(5) and the criteria required in
580 this subsection, and all representations made to the department
581 in the MMTC’s application for registration. Upon request, the
582 department may grant an MMTC one or more variances from the
583 representations made in the MMTC’s application. Consideration of
584 such a variance shall be based upon the individual facts and
585 circumstances surrounding the request. A variance may not be
586 granted unless the requesting MMTC can demonstrate to the
587 department that it has a proposed alternative to the specific
588 representation made in its application which fulfills the same
589 or a similar purpose as the specific representation in a way
590 that the department can reasonably determine will not be a lower
591 standard than the specific representation in the application.
592 (a) When growing marijuana low-THC cannabis or medical
593 cannabis, an MMTC a dispensing organization:
594 1. May use pesticides determined by the department, after
595 consultation with the Department of Agriculture and Consumer
596 Services, to be safely applied to plants intended for human
597 consumption, but may not use pesticides designated as
598 restricted-use pesticides pursuant to s. 487.042.
599 2. Must grow marijuana low-THC cannabis or medical cannabis
600 within an enclosed structure and in a room separate from any
601 other plant.
602 3. Must inspect seeds and growing plants for plant pests
603 that endanger or threaten the horticultural and agricultural
604 interests of the state, notify the Department of Agriculture and
605 Consumer Services within 10 calendar days after a determination
606 that a plant is infested or infected by such plant pest, and
607 implement and maintain phytosanitary policies and procedures.
608 4. Must perform fumigation or treatment of plants, or the
609 removal and destruction of infested or infected plants, in
610 accordance with chapter 581 and any rules adopted thereunder.
611 (b) When processing marijuana low-THC cannabis or medical
612 cannabis, an MMTC a dispensing organization must:
613 1. Process the marijuana low-THC cannabis or medical
614 cannabis within an enclosed structure and in a room separate
615 from other plants or products.
616 2. Test the processed marijuana low-THC cannabis and
617 medical cannabis before it is they are dispensed. Results must
618 be verified and signed by two MMTC dispensing organization
619 employees. Before dispensing low-THC cannabis, the MMTC
620 dispensing organization must determine that the test results
621 indicate that the low-THC cannabis meets the definition of low
622 THC cannabis. Before dispensing marijuana, the MMTC must
623 determine and, for medical cannabis and low-THC cannabis, that
624 the marijuana all medical cannabis and low-THC cannabis is safe
625 for human consumption and free from contaminants that are unsafe
626 for human consumption. The MMTC dispensing organization must
627 retain records of all testing and samples of each homogenous
628 batch of marijuana cannabis and low-THC cannabis for at least 9
629 months. The MMTC dispensing organization must contract with an
630 independent testing laboratory to perform audits on the MMTC’s
631 dispensing organization’s standard operating procedures, testing
632 records, and samples and provide the results to the department
633 to confirm that the marijuana low-THC cannabis or medical
634 cannabis meets the requirements of this section and that the
635 marijuana medical cannabis and low-THC cannabis is safe for
636 human consumption.
637 3. Package the marijuana low-THC cannabis or medical
638 cannabis in compliance with the United States Poison Prevention
639 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.
640 4. Package the marijuana low-THC cannabis or medical
641 cannabis in a child-proof receptacle that has a firmly affixed
642 and legible label stating the following information:
643 a. A statement that the marijuana low-THC cannabis or
644 medical cannabis meets the requirements of subparagraph 2.;
645 b. The name of the MMTC dispensing organization from which
646 the marijuana medical cannabis or low-THC cannabis originates;
647 and
648 c. The batch number and harvest number from which the
649 marijuana medical cannabis or low-THC cannabis originates; and
650 d.The concentration of tetrahydrocannabinol and
651 cannabidiol in the product.
652 5. Reserve two processed samples from each batch and retain
653 such samples for at least 9 months for the purpose of testing
654 pursuant to the audit required under subparagraph 2.
655 (c) When dispensing marijuana low-THC cannabis, medical
656 cannabis, or a cannabis delivery device, an MMTC a dispensing
657 organization:
658 1. May not dispense more than a 90-day 45-day supply of
659 marijuana low-THC cannabis or medical cannabis to a qualifying
660 patient or caregiver the patient’s legal representative.
661 2. Must ensure its have the dispensing organization’s
662 employee who dispenses the marijuana low-THC cannabis, medical
663 cannabis, or a cannabis delivery device enters enter into the
664 compassionate use registry his or her name or unique employee
665 identifier.
666 3. Must verify that the qualifying patient and the
667 caregiver, if applicable, both have an active and valid
668 compassionate use registry identification card and that the
669 amount and type of marijuana dispensed matches the physician’s
670 certification in the compassionate use registry for that
671 qualifying patient that a physician has ordered the low-THC
672 cannabis, medical cannabis, or a specific type of a cannabis
673 delivery device for the patient.
674 4.Must label the low-THC cannabis or marijuana with the
675 recommended dose for the qualifying patient receiving the low
676 THC cannabis or marijuana.
677 5.4. May not dispense or sell any other type of cannabis,
678 alcohol, or illicit drug-related product, including pipes,
679 bongs, or wrapping papers, other than a physician-ordered
680 cannabis delivery device required for the medical use of
681 marijuana that is specified in a physician certification low-THC
682 cannabis or medical cannabis, while dispensing low-THC cannabis
683 or medical cannabis. A registered MMTC may produce and dispense
684 marijuana as an edible or food product but may not produce such
685 items in a format designed to be attractive to children. In
686 addition to the requirements of this section and department
687 rule, food products produced by an MMTC must meet all food
688 safety standards established in state and federal law,
689 including, but not limited to, the identification of the serving
690 size and the amount of THC in each serving.
691 5. Must verify that the patient has an active registration
692 in the compassionate use registry, the patient or patient’s
693 legal representative holds a valid and active registration card,
694 the order presented matches the order contents as recorded in
695 the registry, and the order has not already been filled.
696 6. Must, upon dispensing the marijuana low-THC cannabis,
697 medical cannabis, or cannabis delivery device, record in the
698 registry the date, time, quantity, and form of marijuana low-THC
699 cannabis or medical cannabis dispensed; and the type of cannabis
700 delivery device dispensed; and the name and compassionate use
701 registry identification number of the qualifying patient or
702 caregiver to whom the marijuana or cannabis delivery device was
703 dispensed.
704 (d) To ensure the safety and security of its premises and
705 any off-site storage facilities, and to maintain adequate
706 controls against the diversion, theft, and loss of marijuana
707 low-THC cannabis, medical cannabis, or cannabis delivery
708 devices, an MMTC a dispensing organization shall:
709 1.a. Maintain a fully operational security alarm system
710 that secures all entry points and perimeter windows and is
711 equipped with motion detectors; pressure switches; and duress,
712 panic, and hold-up alarms; or
713 b. Maintain a video surveillance system that records
714 continuously 24 hours each day and meets at least one of the
715 following criteria:
716 (I) Cameras are fixed in a place that allows for the clear
717 identification of persons and activities in controlled areas of
718 the premises. Controlled areas include grow rooms, processing
719 rooms, storage rooms, disposal rooms or areas, and point-of-sale
720 rooms;
721 (II) Cameras are fixed in entrances and exits to the
722 premises, which shall record from both indoor and outdoor, or
723 ingress and egress, vantage points;
724 (III) Recorded images must clearly and accurately display
725 the time and date; or
726 (IV) Retain video surveillance recordings for a minimum of
727 45 days, or longer upon the request of a law enforcement agency.
728 2. Ensure that the MMTC’s organization’s outdoor premises
729 have sufficient lighting from dusk until dawn.
730 3. Establish and maintain a tracking system approved by the
731 department which that traces the marijuana low-THC cannabis or
732 medical cannabis from seed to sale. The tracking system must
733 shall include notification of key events as determined by the
734 department, including when cannabis seeds are planted, when
735 cannabis plants are harvested and destroyed, and when marijuana
736 low-THC cannabis or medical cannabis is transported, sold,
737 stolen, diverted, or lost.
738 4. Not dispense from its premises marijuana low-THC
739 cannabis, medical cannabis, or a cannabis delivery device
740 between the hours of 9 p.m. and 7 a.m., but may perform all
741 other operations and deliver marijuana low-THC cannabis and
742 medical cannabis to qualifying qualified patients 24 hours each
743 day.
744 5. Store marijuana low-THC cannabis or medical cannabis in
745 a secured, locked room or a vault.
746 6. Require at least two of its employees, or two employees
747 of a security agency with whom it contracts, to be on the
748 premises at all times.
749 7. Require each employee or contractor to wear a photo
750 identification badge at all times while on the premises.
751 8. Require each visitor to wear a visitor’s pass at all
752 times while on the premises.
753 9. Implement an alcohol and drug-free workplace policy.
754 10. Report to local law enforcement within 24 hours after
755 it is notified or becomes aware of the theft, diversion, or loss
756 of marijuana low-THC cannabis or medical cannabis.
757 (e) To ensure the safe transport of marijuana low-THC
758 cannabis or medical cannabis to MMTC dispensing organization
759 facilities, independent testing laboratories, or qualifying
760 patients, the MMTC dispensing organization must:
761 1. Maintain a transportation manifest, which must be
762 retained for at least 1 year. A copy of the manifest must be in
763 the vehicle at all times when transporting marijuana.
764 2. Ensure only vehicles in good working order are used to
765 transport marijuana low-THC cannabis or medical cannabis.
766 3. Lock marijuana low-THC cannabis or medical cannabis in a
767 separate compartment or container within the vehicle.
768 4. Require at least two persons to be in a vehicle
769 transporting marijuana low-THC cannabis or medical cannabis, and
770 require at least one person to remain in the vehicle while the
771 marijuana low-THC cannabis or medical cannabis is being
772 delivered.
773 5. Provide specific safety and security training to
774 employees transporting or delivering marijuana low-THC cannabis
775 or medical cannabis.
776 (8)(7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.—
777 (a) The department may conduct announced or unannounced
778 inspections of MMTCs dispensing organizations to determine
779 compliance with this section or rules adopted pursuant to this
780 section.
781 (b) The department shall inspect an MMTC a dispensing
782 organization upon complaint or notice provided to the department
783 that the MMTC dispensing organization has dispensed marijuana
784 low-THC cannabis or medical cannabis containing any mold,
785 bacteria, or other contaminant that may cause or has caused an
786 adverse effect to human health or the environment.
787 (c) The department shall conduct at least a biennial
788 inspection of each MMTC dispensing organization to evaluate the
789 MMTC’s dispensing organization’s records, personnel, equipment,
790 processes, security measures, sanitation practices, and quality
791 assurance practices.
792 (d) The department shall adopt by rule a process for
793 approving changes in MMTC ownership or a change in an MMTC
794 owner’s investment interest. This process must include specific
795 criteria for the approval or denial of an application for change
796 of ownership or a change in investment interest and procedures
797 for screening applicants’ criminal and financial histories.
798 (e)(d) The department may enter into interagency agreements
799 with the Department of Agriculture and Consumer Services, the
800 Department of Business and Professional Regulation, the
801 Department of Transportation, the Department of Highway Safety
802 and Motor Vehicles, and the Agency for Health Care
803 Administration, and such agencies are authorized to enter into
804 an interagency agreement with the department, to conduct
805 inspections or perform other responsibilities assigned to the
806 department under this section.
807 (f)(e) The department must make a list of all approved
808 MMTCs, dispensing organizations and qualified ordering
809 physicians who are qualified to issue physician certifications,
810 and medical directors publicly available on its website.
811 (f) The department may establish a system for issuing and
812 renewing registration cards for patients and their legal
813 representatives, establish the circumstances under which the
814 cards may be revoked by or must be returned to the department,
815 and establish fees to implement such system. The department must
816 require, at a minimum, the registration cards to:
817 1. Provide the name, address, and date of birth of the
818 patient or legal representative.
819 2. Have a full-face, passport-type, color photograph of the
820 patient or legal representative taken within the 90 days
821 immediately preceding registration.
822 3. Identify whether the cardholder is a patient or legal
823 representative.
824 4. List a unique numeric identifier for the patient or
825 legal representative that is matched to the identifier used for
826 such person in the department’s compassionate use registry.
827 5. Provide the expiration date, which shall be 1 year after
828 the date of the physician’s initial order of low-THC cannabis or
829 medical cannabis.
830 6. For the legal representative, provide the name and
831 unique numeric identifier of the patient that the legal
832 representative is assisting.
833 7. Be resistant to counterfeiting or tampering.
834 (g) The department may impose reasonable fines not to
835 exceed $10,000 on an MMTC a dispensing organization for any of
836 the following violations:
837 1. Violating this section, s. 499.0295, or department rule.
838 2. Failing to maintain qualifications for registration with
839 the department approval.
840 3. Endangering the health, safety, or security of a
841 qualifying qualified patient.
842 4. Improperly disclosing personal and confidential
843 information of a qualifying the qualified patient.
844 5. Attempting to procure MMTC registration with the
845 department dispensing organization approval by bribery,
846 fraudulent misrepresentation, or extortion.
847 6. Any owner or manager of the MMTC being convicted or
848 found guilty of, or entering a plea of guilty or nolo contendere
849 to, regardless of adjudication, a crime in any jurisdiction
850 which directly relates to the business of an MMTC a dispensing
851 organization.
852 7. Making or filing a report or record that the MMTC
853 dispensing organization knows to be false.
854 8. Willfully failing to maintain a record required by this
855 section or department rule.
856 9. Willfully impeding or obstructing an employee or agent
857 of the department in the furtherance of his or her official
858 duties.
859 10. Engaging in fraud or deceit, negligence, incompetence,
860 or misconduct in the business practices of an MMTC a dispensing
861 organization.
862 11. Making misleading, deceptive, or fraudulent
863 representations in or related to the business practices of an
864 MMTC a dispensing organization.
865 12. Having a license or the authority to engage in any
866 regulated profession, occupation, or business that is related to
867 the business practices of an MMTC a dispensing organization
868 suspended, revoked, or otherwise acted against by the licensing
869 authority of any jurisdiction, including its agencies or
870 subdivisions, for a violation that would constitute a violation
871 under Florida law.
872 13. Violating a lawful order of the department or an agency
873 of the state, or failing to comply with a lawfully issued
874 subpoena of the department or an agency of the state.
875 (h) The department may suspend, revoke, or refuse to renew
876 an MMTC’s registration with the department a dispensing
877 organization’s approval if the MMTC a dispensing organization
878 commits a violation specified any of the violations in paragraph
879 (g).
880 (i) The department shall renew an MMTC’s registration with
881 the department the approval of a dispensing organization
882 biennially if the MMTC dispensing organization meets the
883 requirements of this section and pays the biennial renewal fee.
884 (j) The department may adopt rules necessary to implement
885 this section.
886 (9)(8) PREEMPTION.—
887 (a) All matters regarding the regulation of the cultivation
888 and processing of marijuana medical cannabis or low-THC cannabis
889 by MMTCs dispensing organizations are preempted to the state.
890 (b) A municipality may determine by ordinance the criteria
891 for the number and location of, and other permitting
892 requirements that do not conflict with state law or department
893 rule for, dispensing facilities of MMTCs dispensing
894 organizations located within its municipal boundaries. A county
895 may determine by ordinance the criteria for the number,
896 location, and other permitting requirements that do not conflict
897 with state law or department rule for all dispensing facilities
898 of MMTCs dispensing organizations located within the
899 unincorporated areas of that county.
900 (10)(9) EXCEPTIONS TO OTHER LAWS.—
901 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
902 any other provision of law, but subject to the requirements of
903 this section, a qualifying qualified patient, or a caregiver who
904 has obtained a valid compassionate use registry identification
905 card from the department, and the qualified patient’s legal
906 representative may purchase from an MMTC, and possess for the
907 qualifying patient’s medical use, up to the amount of marijuana
908 in the physician’s certification low-THC cannabis or medical
909 cannabis ordered for the patient, but not more than a 90-day 45
910 day supply, and a cannabis delivery device specified in the
911 physician’s certification ordered for the qualifying patient.
912 (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
913 any other provision of law, but subject to the requirements of
914 this section, a registered MMTC an approved dispensing
915 organization and its owners, managers, contractors, and
916 employees may manufacture, possess, sell, deliver, distribute,
917 dispense, administer, and lawfully dispose of reasonable
918 quantities, as established by department rule, of marijuana low
919 THC cannabis, medical cannabis, or a cannabis delivery device.
920 For purposes of this subsection, the terms “manufacture,”
921 “possession,” “deliver,” “distribute,” and “dispense” have the
922 same meanings as provided in s. 893.02.
923 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
924 any other provision of law, but subject to the requirements of
925 this section, an approved independent testing laboratory may
926 possess, test, transport, and lawfully dispose of marijuana low
927 THC cannabis or medical cannabis as provided by department rule.
928 (d) An approved MMTC dispensing organization and its
929 owners, managers, contractors, and employees are not subject to
930 licensure or regulation under chapter 465 or chapter 499 for
931 manufacturing, possessing, selling, delivering, distributing,
932 dispensing, or lawfully disposing of reasonable quantities, as
933 established by department rule, of marijuana low-THC cannabis,
934 medical cannabis, or a cannabis delivery device.
935 (e) An approved dispensing organization that continues to
936 meet the requirements for approval is presumed to be registered
937 with the department and to meet the regulations adopted by the
938 department or its successor agency for the purpose of dispensing
939 medical cannabis or low-THC cannabis under Florida law.
940 Additionally, Exercise by an MMTC of the authority provided to
941 MMTCs a dispensing organization in s. 499.0295 does not impair
942 its registration with the department the approval of a
943 dispensing organization.
944 (f) This subsection does not exempt a person from
945 prosecution for a criminal offense related to impairment or
946 intoxication resulting from the medical use of marijuana low-THC
947 cannabis or medical cannabis or relieve a person from any
948 requirement under law to submit to a breath, blood, urine, or
949 other test to detect the presence of a controlled substance.
950 (g)This section does not limit the ability of an employer
951 to establish, continue, or enforce a drug-free workplace program
952 or policy.
953 Section 2. Paragraph (b) of subsection (3) of section
954 381.987, Florida Statutes, is amended to read:
955 381.987 Public records exemption for personal identifying
956 information in the compassionate use registry.—
957 (3) The department shall allow access to the registry,
958 including access to confidential and exempt information, to:
959 (b) A medical marijuana treatment center dispensing
960 organization approved by the department pursuant to s. 381.986
961 which is attempting to verify the authenticity of a physician’s
962 certification order for marijuana low-THC cannabis, including
963 whether the physician certification order had been previously
964 filled and whether the physician certification order was written
965 for the person attempting to have it filled.
966 Section 3. Subsection (1) of section 385.211, Florida
967 Statutes, is amended to read:
968 385.211 Refractory and intractable epilepsy treatment and
969 research at recognized medical centers.—
970 (1) As used in this section, the term “low-THC cannabis”
971 means “low-THC cannabis” as defined in s. 381.986 which that is
972 dispensed only from a medical marijuana treatment center
973 dispensing organization as defined in s. 381.986.
974 Section 4. Present paragraphs (b) and (c) of subsection (2)
975 of section 499.0295, Florida Statutes, are redesignated as
976 paragraphs (a) and (b), respectively, present paragraphs (a) and
977 (c) of that subsection are amended, a new paragraph (c) is added
978 to that subsection, and subsection (3) of that section is
979 amended, to read:
980 499.0295 Experimental treatments for terminal conditions.—
981 (2) As used in this section, the term:
982 (a) “Dispensing organization” means an organization
983 approved by the Department of Health under s. 381.986(5) to
984 cultivate, process, transport, and dispense low-THC cannabis,
985 medical cannabis, and cannabis delivery devices.
986 (b)(c) “Investigational drug, biological product, or
987 device” means:
988 1. A drug, biological product, or device that has
989 successfully completed phase 1 of a clinical trial but has not
990 been approved for general use by the United States Food and Drug
991 Administration and remains under investigation in a clinical
992 trial approved by the United States Food and Drug
993 Administration; or
994 2. Marijuana Medical cannabis that is manufactured and sold
995 by an MMTC a dispensing organization.
996 (c) Medical marijuana treatment center” or “MMTC” means an
997 organization registered with the Department of Health under s.
998 381.986.
999 (3) Upon the request of an eligible patient, a manufacturer
1000 may, or upon the issuance of a physician certification a
1001 physician’s order pursuant to s. 381.986, an MMTC a dispensing
1002 organization may:
1003 (a) Make its investigational drug, biological product, or
1004 device available under this section.
1005 (b) Provide an investigational drug, biological product,
1006 device, or cannabis delivery device as defined in s. 381.986 to
1007 an eligible patient without receiving compensation.
1008 (c) Require an eligible patient to pay the costs of, or the
1009 costs associated with, the manufacture of the investigational
1010 drug, biological product, device, or cannabis delivery device as
1011 defined in s. 381.986.
1012 Section 5. Subsection (1) of section 1004.441, Florida
1013 Statutes, is amended to read:
1014 1004.441 Refractory and intractable epilepsy treatment and
1015 research.—
1016 (1) As used in this section, the term “low-THC cannabis”
1017 means “low-THC cannabis” as defined in s. 381.986 which that is
1018 dispensed only from a medical marijuana treatment center
1019 dispensing organization as defined in s. 381.986.
1020 Section 6. The Division of Law Revision and Information is
1021 directed to replace the phrase “the effective date of this act”
1022 wherever it occurs in this act with the date the act becomes a
1023 law.
1024 Section 7. This act shall take effect upon becoming a law.
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: January 26, 2017, 6:13 am
another Florida Community has imposed a moratorium on licensing or Zoning for new medical marijuana dispensaries
Yet another Florida Community has imposed a moratorium on licensing or Zoning for new medical marijuana dispensaries. This small Beach Community has just imposed an 15-month moratorium.

Other Florida counties are throwing roadblocks also see more here: http://www.drug2go.com/2016/12/florida-counties-blocking-medical.html

"An ordinance imposing a moratorium on the operation of medical marijuana treatment centers and dispensaries for 15 months within the town passed on its first reading. During the moratorium, the town will not accept, process, or approve any application relating to the operation of medical marijuana treatment centers and dispensaries."

Previous Stories on Florida Medical Marijuana

How to Get Dispensary License for Medical Marijuana in Florida?

www.drug2go.com/2016/11/license-florida-medical-marijuana-dispensary.html

Nov 9, 2016 - Here is what #Florida #MedicalMarijuana law may look like for patients, caregivers, and those seeking to license a dispensary.

What are the Responsibilities of a Florida Medical Marijuana Caregiver

www.drug2go.com/2014/02/what-are-responsibilities-of-florida_19.html


Feb 19, 2014 - (2) A designated primary caregiver who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts ...

How to set up a Florida Medical Marijuana Dispensary

www.drug2go.com/2016/11/how-to-set-up-florida-medical-marijuana-dispensary.html

Nov 8, 2016 - How to set up a #Florida #MMJ #MedicalMarijuana #Dispensary http://www.drug2go.com/2014/02/what-are-responsibilities-of-florida_21.html.

How to Apply for Medical Marijuana Cards - Chapter 893 Statute if ...

www.drug2go.com/2014/01/how-to-apply-for-medical-marijuana.html

Jan 28, 2014 - This series continues to explore how Marijuana Laws in the Florida Statutes might be changed should the voters, the courts, and/or the ...

Video From Inside a Legal Florida Medical Marijuana Growhouse

www.drug2go.com/2016/12/video-inside-florida-medical-marijuana-growhouse.html


Dec 22, 2016 - We have also uncovered the location of one of Florida'a first retail locations for dispensing Medical marijuana. They will dispense Calming CBD ...

Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: January 20, 2017, 2:38 am
Florida Medical Marijuana Regulations
Florida Medical Marijuana Regulations
Notice of Development of Rulemaking


RULE NO.:            RULE TITLE:


64-4.012                  Medical Marijuana for Debilitating Medical Conditions


PURPOSE AND EFFECT: The purpose and effect of this rule is to implement provisions of Article X, Section 29 of the Florida Constitution, to set out clear guidance on use of terms and implementation of the amendment which went into effect on January 3, 2017.


SUBJECT AREA TO BE ADDRESSED: The use of medical marijuana for debilitating medical conditions.


RULEMAKING AUTHORITY: Art. X, § 29(d), Fla. Const.



A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATES, TIMES AND PLACES SHOWN BELOW:


February 6, 2017,

Duval County Health Department

900 University Blvd. North

Jacksonville, FL32211


February 7, 2017,  

Broward County Health Department

780 SW 24th Street

Fort Lauderdale, FL33315


February 8, 2017,  

Florida Department of Health, Tampa Branch Laboratory

3602 Spectrum Blvd.

Tampa, FL33612


February 8, 2017,

Orange County Health Department

6102 Lake Ellenor Drive

Orlando, FL32809


February 9, 2017, p,m, –

BettyEasleyConferenceCenter

4075 Esplanade Way
, Room 148

Tallahassee, Florida32399-0850


Individuals may also provide public comment during these workshops by accessing the following weblink: http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/comment-form/index.html


Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Courtney Coppola at Courtney.Coppola@flhealth.gov. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Courtney Coppola at Courtney.Coppola@flhealth.gov.


THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

64-4.012 Medical Marijuana for Debilitating Medical Conditions

(1) For the purposes of this chapter, in accordance with Article X, Section 29, Fla. Const., the following definitions shall apply:

(a) “Medical Marijuana Treatment Center (MMTC)” shall have the same definition as a dispensing organization in s. 381.986(1)(b), F.S.

(b) “Caregiver” shall mean a legal representative as defined by s. 381.986(1)(d), F.S., who is at least twenty-one (21) years old and has successfully passed a Level 1 background screening as defined in s. 435.03, F.S.

(c) “Medical use” shall have the same definition as medical use in s. 381.986(1)(g), F.S.

(d) “Qualifying patient” shall mean a qualified patient as defined by s. 381.986(1)(h), F.S., who has been diagnosed to have a qualifying debilitating medical condition, has a physician certification, and who has a valid patient Compassionate Use Registry identification card.

(e) “Qualifying debilitating medical condition” shall mean conditions eligible for physician ordering contained in s. 381.986(2), F.S., or cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis. Also, any debilitating medical conditions of the same kind or class as or comparable to those enumerated, as determined by the Florida Board of Medicine.

(f) The 45 day supply limitation set forth in s. 381.968(2)(e), F.S. shall be an adequate supply for a qualifying patient’s medical use.

(g) A physician authorized to order medical marijuana means a qualified ordering physician who has met the requirements of s. 381.986 (2-4), F.S.

(h) “Physician certification” means DH8011-OCU-12/2016, “Physician Certification,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#### and must be submitted with each “Compassionate Use Registry Identification Card Qualified Patient Application.” A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing.

(2) All MMTCs, physicians, patients, and caregivers must be registered in the online Compassionate Use Registry as required by s. 381.986(5)(a), F.S., and Rule 64-4.009, F.A.C. All orders for medical marijuana must be entered into the registry for processing accordingly.

(3) The process for registering as an MMTC shall be the same approval and selection process outlined in s. 381.986, F.S., and Rule 64-4.002, F.A.C., and subject to the same limitations and operational requirements contained therein.

(4) All MMTCs shall follow the medical record keeping standards as set forth in Rule 64B8-9.003, F.A.C., as adopted and incorporated herein.

(5) All MMTCs shall abide by the security, product testing, labeling, inspection and safety standards set forth in s. 381.986, F.S and this chapter.


Rulemaking Authority Art. X, § 29(d), Fla. Const. Law Implemented Art. X, § 29, Fla. Const., 381.986 FS. History – New ­­­­______­­­.


Sources: 

http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/_documents/ocu-timeline.pdf

http://floridapolitics.com/archives/230444-doh-begins-amendment-2-rule-making
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: January 18, 2017, 12:43 am
Video From Inside a Legal Florida Medical Marijuana Growhouse





Video From Inside a Legal Florida Medical Marijuana Growhouse



We have just obtained Video From Inside a Legal Florida Medical Marijuana Growhouse near Tallahassee, Florida.

Map of Medical Marijuana Dispensary in Tampa, Florida



We have also uncovered the location of one of Florida'a first retail locations for dispensing Medical marijuana. They will dispense Calming CBD Oil with natural almond and mint extracts, Calming CBD Spray with natural Florida orange extract, and Calming Topical Lotion with natural lavender & eucalyptus extract. It is operated by Surterra. The video above was shot at a Surterra growhouse. Here is the location of the Surterra Wellness Center homeopathic pharmacy we found at  2558 E Fowler Ave, Tampa, FL 33612.








Surterra Wellness Center
2558 E Fowler Ave, Tampa, FL 33612



Source: http://www.tallahassee.com/story/news/2016/12/21/state-awards-another-marijuana-license/95710386/


Previous Growhouse Videos

Here are links to our previous growhouse videos. Here is a page that has more maps and videos of marijuana growing operations.


Growhouse Busted in Winter Haven, Florida - Video From the Inside

www.drug2go.com/2016/06/growhouse-busted-in-winter-haven-florida.html

 Rating: 5 - ‎Review by Google+ User
Jun 23, 2016 - Here is some video from inside the otherwise unremarkable suburban home, a map of 124 Elliott Ln, Winter Haven, FL 33884 and here is the ...
www.drug2go.com/2011/02/grow-house-video-of-day.html

 Rating: 5 - ‎Review by Google+ User
Feb 12, 2011 - Take a Video Tour of this alleged hydroponic growhouse used to grow some high-grade Marijuana / Weed / Cannabis / Chronic.
www.drug2go.com/2011/02/video-of-day-full-episode-dea-grow.html

 Rating: 5 - ‎Review by Google+ User
Feb 24, 2011 - Tampa, Florida Grow House Defense Attorney was amazed that the war on drugs has been reduced to a docudrama on SpikeTV. The DEA has ...

Grow House Video of the Day - Drug Attorney Tampa Lawyer on Call

www.drug2go.com/2011/02/grow-house-video-of-day_18.html
 Rating: 5 - ‎Review by Google+ User
Feb 18, 2011 - Grow House Video of the Day. Florida Growhouse Lawyer presents another in our series of Grow House videos of the day.

Grow House Video of the Day - Underground Growhouse

www.drug2go.com/2011/02/grow-house-video-of-day-underground.html

 Rating: 5 - ‎Review by Google+ User
Feb 22, 2011 - We recall there was an underground grow house bust in Tampa, Florida, but this video is from Levy County, Florida near Gainesville, Florida.
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: December 22, 2016, 6:25 am
Florida Medical Marijuana Dispensaries
Florida Counties Blocking
Medical Marijuana Dispensaries

Blocking Medical Marijuana Dispensaries


We expect a Constitutional law fight to prevent Florida locals from trying to ban the establishment of dispensaries. Here is a partial list of Florida counties trying to block the licensing and establishment of Medical Marijuana Dispensaries as of this date:


Manatee County, Florida
Pasco County, Florida
Hillsborough County, Florida
Walton County, Florida
Pinellas County, Florida

Note One small beach community, Indian Shores has imposed an 18-month delay. Medical Marijuana Moratorium Story from Florida.


Allowing Medical Marijuana Dispensaries



  • Sarasota County, Florida
  • Brevard County, Florida
  • Okaloosa County, Florida 
  • Santa Rosa County, Florida

Preemption Under the Florida Constitution


"Local governments and the Legislature may legislate concurrently in areas unless there is an express state preemption, but an ordinance 'must not conflict with any controlling provision of a statute.'" 



"Counties not operating under county charters shall have such power of self-government as is provided by general or special law. The board of county commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict."

Supremacy Clause Rules in Federal Disputes




"The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law."


Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: December 6, 2016, 1:53 pm
Florida dispensary
Cannabis Business News
Obviously, our clients are looking to open new dispensaries in Florida after the election this year. However, there are other ways to consider an investment in the Cannabis business.

Alternatives to Cannabis Dispensary Licensing


What are some alternatives to investing in a dispensary?

One such company was discussed by Jim Cramer on CNBC. The company has a focus on seizure disorder medications in a pill form. Here is Kramer's video from 2014. He just mentioned the company again today on his show.


 
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: November 15, 2016, 12:04 am
License, permit, dispensary, medical marijuana

How to get Florida Dispensary License for Medical Marijuana?


Here is what #Florida #MedicalMarijuana law may look like for patients, caregivers, and those seeking to license a dispensary.

Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: November 9, 2016, 10:07 am
How to Set Up a Florida
Medical Marijuana Dispensary

FLORIDA MEDICAL MARIJUANA DISPENSARY


How to set up a #Florida #MMJ #MedicalMarijuana #Dispensary 

http://www.drug2go.com/2014/02/what-are-responsibilities-of-florida_21.html  
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: November 9, 2016, 3:19 am
Pinellas County Florida Drug Treatment
Tom Buonomo is a certified drug treatment expert who has reviewed Amendment 2. He notes that the amendment fixed a couple of problems that were in the Amendment the last time around. Tom says, "This years version has some significant revisions which were aimed at eliminating the main reasons for voter disapproval. " Check it out at his Pinellas County Florida Counseling Resource.

Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: November 3, 2016, 3:37 pm
Drug trafficking charges are serious matters, federal trafficking charges pose serious challenges to defense attorneys. Federal indictments are generally backed by a detailed investigation by the DHS, FBI, DEA, or Coast Guard. If you are charged with a federal crime, retain a lawyer with experience in federal court.

Tampa trafficking lawyers and attorneys
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: November 3, 2016, 3:11 pm
Doctor Shopping
Pinellas County, Florida
Prescription Drug Arrests
A Bay Area narcotics task force has been rewarded for Prescription Drug Busts .The awarded cited the Pinellas County Sheriff’s Office for “curbing prescription drug abuse.” Operation Pill Poppers was an operation that nabbed people for doctor-shopping, obtaining controlled substances by fraud, and conspiracy to traffic in various pain medications.

"narcotics diversion task force has been 
named the Investigative Unit of the Year" 

Prescription Drug Arrests


With no shortage of cute names the PCSO is now running Operation Medicine Cabinet. That operation “collected more than 800 pounds of prescription drugs.” There are now 13 detectives assigned to these types of drug cases. As police continue these operations, more drug addicts will be labeled criminals.

Source: http://www.tampabay.com/news/publicsafety/pinellas-deputies-win-award-in-fight-against-prescription-drug-abuse/1135765
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: October 27, 2016, 12:46 am
Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220 centrallaw@centrallaw.com

Criminal Defense Drug Crime Attorney Reviews.


"Casey's strong arguments during the 
hearing made all the difference ..."
W.F. ''Casey'' Ebsary, Jr.
4.9 / 5 stars


Casey is a Criminal lawyer and Drug Crimes defense attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in  nearby Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and all types of drug charges  throughout Tampa Bay.

Law Office of W.F. ''Casey'' Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
centrallaw@centrallaw.com

Law Office of W.F. ''Casey'' Ebsary, Jr.
Attorney Lawyer

Casey is a Criminal lawyer and DUI attorney at the Law Office of W.F. "Casey" Ebsary, Jr. in Tampa, Hillsborough County, FL. . Casey and his team can help you, a friend, or a loved one with misdemeanor, felony, and drug charges, including possession of cannabis and prescription drug cases near and throughout Tampa Bay, Florida.

Law Office of W.F. ''Casey'' Ebsary Jr
2102 W Cleveland St
Tampa, Florida 33606
(813) 222-2220
centrallaw@centrallaw.com
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: October 25, 2016, 3:00 pm
Grow House, Growhouse, Tampa Grow House Defense Lawyer, Taser, #Taser, #AssaultRifle
Don't bring a taser to a Growhouse gunfight -
you will lose in Tampa, Florida.
#Taser, #AssaultRifle #Growhouse

Firearms and Growhouses


What happens when you Bring a Taser to a Gunfight? You lose. Two guys from South Florida planned on breaking into a Tampa grow house using a couple of tasers. The would-be grow house invaders thought they would sneak around to the back and kick in the back door.

Bad move: the occupant(s) were waiting locked and loaded.

After an argument, the occupant(s) of the grow house were armed and returned fire. Apparently, the taser-wielding rascals rented a car in South Florida and drove to the 16000 block of Dew Drop Lane in Tampa. UPDATE: The Tampa Bay Times reports the growhouse address as 16310 Dew Drop Lane, Tampa, Florida 33625.

"The score: Firearm 2 - Taser 0.  Both guys ended up in the  emergency room"


The occupants of the growhouse remain unknown and on the Run. Here is a map of 16000 Dew Drop Ln, Tampa Florida 33625.  The incident occurred in Northern Hillsborough County and the injuries were not life-threatening. 

Growhouse Search Warrant

"Deputies say the shooter fled 
the scene and has not been found"

The cops have gotten a search warrant and entered the house early Sunday morning to continue their investigation of this latest Hillsborough County grow house.


Botched Invasion and Robbery of a Florida Growhouse


Inside they expected to remove the contents of the grow house. They blew the back door and the occupant(s) started firing. The score: Firearm 2 - Taser 0. Both guys ended up in the emergency room at a Hillsborough County, Florida hospital and are recovering. They are not cooperating with the police.


Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: August 28, 2016, 4:54 pm
Constructive Possession
Constructive Possession of Drugs in Florida

What is Actual Possession of Drugs in Florida?


One Florida court, Sasser v. State, 67 So. 3d 1150, 1152 (Fla. 2d DCA 2011) defined Actual Possession of Drugs in Florida as  "[A]ctual possession is shown when contraband is found in the defendant's hand, or his person, or within reach and under the defendant's control." (quoting Bennett v. State, 46 So. 3d 1181, 1183-84 (Fla. 2d DCA 2010)).  

What is Constructive Possession of Drugs in Florida?


To convict on a theory of constructive possession, the State is required to prove beyond a reasonable doubt (1) that the defendant had knowledge of the contraband and (2) that she had the ability to exercise dominion and control over the contraband.  See Knight v. State, 186 So. 3d 1005, 1012 (Fla. 2016); Santiago v. State, 991 So. 2d 439, 441 (Fla. 2d DCA 2008). 

What happens where drugs are found in a room with more than one occupant?




"Where contraband is found in a location jointly occupied with another person—in this case, a hotel room shared by Ms. Tucker and her husband—knowledge of and the ability to exercise dominion and control over that contraband may not be inferred from the defendant's proximity to it and must be shown by "independent proof."  Robinson v. State, 975 So. 2d 593, 595 (Fla. 2d DCA 2008) (quoting Mitchell v. State, 958 So. 2d 496, 500 (Fla. 4th DCA 2007)); Wagner v. State, 950 So. 2d 511, 513 (Fla. 2d DCA 2007).  Such proof may be offered through a defendant's own statements, witness testimony, scientific evidence, or incriminating circumstances other than mere 
at 513."

What happens where it looks like someone probably possessed drugs found elsewhere in the room?



"However, "[w]here the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence."  Green v. State, 667 So. 2d 208, 212 (Fla. 2d DCA 1995) (alteration in original) (quoting State v. Law, 559 So. 2d 187, 188 (Fla. 1989)); see also Davis v. State, 761 So. 2d 1154, 1159 (Fla. 2d DCA 2000) ("Under the facts of this case, one could intuitively conclude that [the defendant] might be guilty.  However, 'guilt cannot rest on mere probabilities.' " (quoting Arant v. State, 256 So. 2d 515, 516 (Fla. 1st DCA 1972))). Although the circumstances were indeed suspicious, suspicion is not enough to support a conviction. The fact remains where the State can offer no evidence inconsistent with the Defendant's hypothesis of innocence,the trial court is required to grant judgment of acquittal on that charge.



Complete Text of a Florida Drug Court Decision on Constructive Possession



ANGELA MICHELLE TUCKER, Appellant, 
v. 
STATE OF FLORIDA, Appellee. 
Opinion filed August 12, 2016. 
IN THE DISTRICT COURT OF APPEAL
 OF FLORIDA 
SECOND DISTRICT 
) ) ) ) ) Case No. 2D14-5642 ) ) ) ) ) 


Angela Tucker appeals her convictions for possession of paraphernalia and possession of methamphetamine. She was found guilty of those offenses after a jury trial and received a one-year sentence on the paraphernalia count and a concurrent five-year sentence on the methamphetamine count.  We affirm the conviction on the paraphernalia count without comment.


Because the evidence was legally insufficient to establish that Ms. Tucker constructively possessed methamphetamine, however, we are required to reverse the conviction on that count and to direct that the corresponding five-year sentence be vacated and that Ms. Tucker be immediately released.

The State's evidence at trial was that two detectives went to a hotel room looking for Ms. Tucker's husband.  When they knocked on the door, they saw Ms. Tucker look out the window and then identified themselves.  Ms. Tucker did not open the door right away, so the detectives went around the back of the hotel to see if there was a rear exit.  As they did so, one detective thought he heard a toilet flushing. Ms. Tucker thereafter opened the door, and the detectives explained that they were looking for her husband.  When asked, Ms. Tucker stated that the room belonged to her and her husband. The detectives later confirmed that the room was registered to both of them. 

Ms. Tucker gave the detectives consent to search the hotel room. They observed both men's and women's clothing around the room and three garments hanging in the closet, including a large leather jacket that, according to the trial testimony, could have been a man's. There was no independent evidence that it belonged to Ms. Tucker.  The inside left pocket contained fresh syringes and a cigarette pouch containing used ones.  The right front pocket contained a metal cigarette holder that held a small baggie of methamphetamine inside. Ms. Tucker said nothing when the detective showed her the methamphetamine. The detectives later found two syringes in a nightstand drawer and saw blood spatter on the bed consistent with intravenous drug use. 

The detectives placed the syringes and methamphetamine on the bed,  and Ms. Tucker stated that the items belonged to her husband. The detectives asked her if her DNA would show up on any of the used syringes from the jacket, and she said that it would because she had used them to shoot Roxycontin. The syringes were never tested, and we therefore do not know whether they contained residue of methamphetamine, Roxycontin, or something else.  One detective described Ms. Tucker's demeanor as "antsy," said she did not appear surprised that he found the items, and testified that she never said "she didn't know those items were there." 

At the close of the State's case, Ms. Tucker moved for a judgment of acquittal on the ground, among others, that the State failed to present legally sufficient evidence showing that she possessed the methamphetamine found in the leather jacket.  The trial court denied the motion, and the defense rested without presenting witnesses.  After the jury returned guilty verdicts, Ms. Tucker made a renewed motion for judgment of acquittal and a motion for new trial, both of which were denied. 

On appeal, Ms. Tucker asserts that the trial court erred by not granting her motion for judgment of acquittal on the count for possession of methamphetamine. A motion for judgment of acquittal tests whether the evidence is legally sufficient to prove each element of the crime with which the defendant is charged.  Nicholas v. State, 47 So. 3d 297, 300 (Fla. 2d DCA 2010) (citing State v. Odom, 862 So. 2d 56, 59 (Fla. 2d DCA 2003)).  The question is whether, viewing the evidence in the light most favorable to the State, "a rational trier of fact could find the existence of the elements of the crime beyond a reasonable doubt."  Westbrooks v. State, 145 So. 3d 874, 877 (Fla. 2d DCA 2014) (quoting Pagan v. State, 830 So. 2d 792, 803 (Fla. 2002)).  Reviewing the matter possessed the methamphetamine found in the cigarette holder in the right front pocket of the jacket was not legally sufficient to support a conviction for that alleged offense. 

Ms. Tucker was not found in actual possession of methamphetamine: the contraband was in the pocket of a jacket hanging in a closet and was neither in her hand nor within her reach.  See Sasser v. State, 67 So. 3d 1150, 1152 (Fla. 2d DCA 2011) ("[A]ctual possession is shown when contraband is found in the defendant's hand, or his person, or within reach and under the defendant's control." (quoting Bennett v. State, 46 So. 3d 1181, 1183-84 (Fla. 2d DCA 2010))).  The issue at trial, therefore, was whether Ms. Tucker constructively possessed the methamphetamine.  To convict Ms. Tucker on a theory of constructive possession, the State was required to prove beyond a reasonable doubt (1) that Ms. Tucker had knowledge of the contraband and (2) that she had the ability to exercise dominion and control over the contraband.  See Knight v. State, 186 So. 3d 1005, 1012 (Fla. 2016); Santiago v. State, 991 So. 2d 439, 441 (Fla. 2d DCA 2008). 

Where contraband is found in a location jointly occupied with another person—in this case, a hotel room shared by Ms. Tucker and her husband—knowledge of and the ability to exercise dominion and control over that contraband may not be inferred from the defendant's proximity to it and must be shown by "independent proof."  Robinson v. State, 975 So. 2d 593, 595 (Fla. 2d DCA 2008) (quoting Mitchell v. State, 958 So. 2d 496, 500 (Fla. 4th DCA 2007)); Wagner v. State, 950 So. 2d 511, 513 (Fla. 2d DCA 2007).  Such proof may be offered through a defendant's own statements, witness testimony, scientific evidence, or incriminating circumstances other than mere 
at 513.

Here, the State's proof of knowledge and the ability to exercise dominion and control rested entirely on circumstantial evidence.  To find that Ms. Tucker knew about or had the ability to exercise dominion and control over the methamphetamine in the right outside pocket of the jacket, the jury would have had to make that inference from one or more of the incriminating circumstances supported by the trial evidence— for instance, from the fact that Ms. Tucker admitted to using the syringes found in the left inside pocket of the jacket. See Singleton v. State, 105 So. 3d 542, 544 (Fla. 2d DCA 2012) ("Circumstantial evidence is evidence which involves an additional inference to prove the material fact; e.g., 'I saw A flee the scene' is circumstantial evidence of A's guilt and direct evidence of flight." (quoting Charles W. Ehrhardt, Ehrhardt's Florida Evidence § 401.1 (2011 ed.)).  When the State's proof of a defendant's guilt is wholly circumstantial, it is not sufficient that the proof is consistent with guilt; it must also be "inconsistent with any reasonable hypothesis of innocence."  Jaramillo v. State, 417 So. 2d 257, 257 (Fla. 1982) (quoting McArthur v. State, 351 So. 2d 972, 976 n.12 (Fla. 1977)); see also Westbrooks, 145 So. 3d at 877.  Because Ms. Tucker's guilt of possessing methamphetamine depended entirely on the State's circumstantial evidence regarding whether she had knowledge of and the ability to exercise dominion or control over that contraband, this standard applies to the State's proof in this case. See Knight, 186 So. 3d at 1009-12 (discussing the applicability of the circumstantial evidence standard in a constructive possession case). 

her husband's.  This hypothesis was reasonable in that it was founded in the State's evidence at trial.  Cf. Huff v. State, 495 So. 2d 145, 150 (Fla. 1986) (concluding that the appellant's hypothesis of innocence was unreasonable because "[n]o evidence whatsoever was introduced to support appellant's story . . . [and] all of the evidence adduced at trial . . . pointed to his guilt").  The hotel room was jointly occupied by Ms. Tucker and her husband, the jacket in which the methamphetamine was found was consistent with its being a man's jacket, and Ms. Tucker's statements to police were that the contraband contained therein belonged to her husband but that she had used the syringes found in a different pocket to inject Roxycontin.  It would be reasonable to conclude from those facts that Ms. Tucker did not know about the methamphetamine and that she lacked the ability to exercise dominion or control over it. See, e.g., Wagner, 950 So. 2d at 513 (holding that the State failed to meet its burden in a constructive possession case based on circumstantial evidence where contraband was found in defendant's suits in a closet shared with his girlfriend and the girlfriend testified that the suits were a good hiding place); Winchell v. State, 362 So. 2d 992, 995 (Fla. 3d DCA 1978) (holding that evidence was insufficient to establish knowledge of contraband found on the rug and behind a radio in a jointly occupied motel room). 

The State's evidence was not inconsistent with Ms. Tucker's hypothesis. There was no evidence linking the methamphetamine to the syringes—for example, the results of a test showing that they had been used to inject that substance.  There was no evidence concerning how and when Ms. Tucker came into possession of the syringes or how or when, once used, they came to be in the left inside pocket of the  jacket.

We do not mean to imply that the State must offer these particular facts in a constructive possession case based on circumstantial evidence. Rather, we reason that under the facts of this case, the State's evidence proves at most that Ms. Tucker at some point in time and under circumstances not established by the evidence used syringes that were later found in the pocket of a leather jacket that could well have been her husband's and was hanging in the closet of a hotel room she occupied jointly with him. Absent some circumstance that connects Ms. Tucker's use of those syringes to the methamphetamine, the State's evidence, although consistent with Ms. Tucker's guilt, is not inconsistent with her reasonable hypothesis that the methamphetamine was her husband's and that she neither knew about nor had the ability to exercise dominion and control over it. See, e.g., Wagner, 950 So. 2d at 513; Cook v. State, 571 So. 2d 530, 531 (Fla. 1st DCA 1990) (holding that State's wholly circumstantial evidence of constructive possession of a crack pipe in defendant's purse was insufficient to rebut reasonable hypothesis of innocence where defendant left purse on a bar accessible to others while dancing).  

The State argues that Ms. Tucker's statements that her DNA would be on the used syringes found in the jacket and that the contraband was her husband's necessarily draw a connection between her and the methamphetamine sufficient to establish constructive possession.  We disagree. Because the syringes were located in a different jacket pocket from the pocket containing the cigarette case with methamphetamine, Ms. Tucker's admission to using those syringes to shoot Roxycontin does not necessarily link her to constructive possession of the methamphetamine. 

In actual or constructive possession of one item of contraband was legally insufficient to establish that defendant's knowledge of or dominion and control over another item of contraband in the same premises. See, e.g., Rangel v. State, 110 So. 3d 41, 46 (Fla. 2d DCA 2013) ("Mr. Rangel's actual possession of one type of narcotic does not permit the inference that he possessed a different type of narcotic concealed in a vehicle that he did not own."); Santiago, 991 So. 2d at 442 (holding that defendant's constructive possession of heroin found in plain view in a jointly occupied apartment was legally insufficient to establish constructive possession of drugs in various other places throughout apartment); Culver v. State, 990 So. 2d 1206, 1209-10 (Fla. 2d DCA 2008) (holding that the defendant's actual possession of cocaine was insufficient to prove constructive possession of other narcotics found in another area of her jointly occupied vehicle). Under the facts of this case, Ms. Tucker's admission to having possessed syringes found in one jacket pocket for purposes of injecting Roxycontin, without more, was not sufficient to rebut the reasonable hypothesis that the methamphetamine found in another pocket of the same jacket belonged to her husband and that she was unaware of and lacked the ability to exercise control over it. 

Likewise, on the face of it, Ms. Tucker's statement that the contraband items were her husband's is entirely consistent with a disavowal of knowledge of and dominion and control over the methamphetamine.  As such, the statement supports rather than contradicts her reasonable hypothesis of innocence. See Wagner, 950 So. 2d at 513 (holding that defendant's statement that officers "planted" drugs in his house was insufficient "to establish beyond a reasonable doubt his knowledge of the presence . . . 

State argues that Woods' statement '[t]hey planted it on me' would allow the trier of fact to infer knowledge of the cocaine's presence and is inconsistent with Woods' reasonable hypothesis of innocence.  The record, however, does not bear this out. . . . Woods' statement disclaims possession or ownership. . . . and [is] entirely consistent with Woods' reasonable hypothesis of innocence." (first alteration in original)). 

The State also maintains that the suspicious nature of the circumstances is sufficient to support the trial court's denial of Ms. Tucker's motion for judgment of acquittal.  However, "[w]here the only proof of guilt is circumstantial, no matter how strongly the evidence may suggest guilt, a conviction cannot be sustained unless the evidence is inconsistent with any reasonable hypothesis of innocence." Green v. State, 667 So. 2d 208, 212 (Fla. 2d DCA 1995) (alteration in original) (quoting State v. Law, 559 So. 2d 187, 188 (Fla. 1989)); see also Davis v. State, 761 So. 2d 1154, 1159 (Fla. 2d DCA 2000) ("Under the facts of this case, one could intuitively conclude that [the defendant] might be guilty.  However, 'guilt cannot rest on mere probabilities.' " (quoting Arant v. State, 256 So. 2d 515, 516 (Fla. 1st DCA 1972))). Although the circumstances were indeed suspicious, suspicion is not enough to support a conviction. The fact remains that the State offered no evidence inconsistent with Ms. Tucker's hypothesis of innocence, and that fact required the trial court to grant judgment of acquittal on that charge.

Accordingly, while we affirm Ms. Tucker's conviction for possession of paraphernalia, we must reverse her conviction and sentence for possession of methamphetamine. Because double jeopardy forecloses a retrial for that alleged offense and Ms. Tucker has already served her one-year sentence for possession of paraphernalia, we remand with instructions that the trial court vacate the judgment and sentence for that charge and order Ms. Tucker's immediate release. See Stenson v. State, 756 So. 2d 118, 120 (Fla. 3d DCA 2000); see also Webster v. State, 549 So. 2d 784 (Fla. 4th DCA 1989). 
Affirmed in part; reversed in part; remanded with instructions. 

LaROSE and SLEET, JJ., Concur. 

Appeal from the Circuit Court for Polk County; Roger A. Alcott, Judge. 

Amanda Peterson of Law Offices of Peterson, P.A., Mulberry, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Gillian N. Leytham,  Assistant Attorney General, Tampa, for Appellee. 


Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: August 13, 2016, 2:03 am

Dick Greco, Eric R Myers, Judge Scott A Farr, Lawrence M Lefler, Margaret R Taylor, Richard A Weis, Paul T Jeske, John N Conrad, Art McNeil, Drug Crimes Hillsborough, Drug Crimes Tampa
How are Judges in new Drug Crimes cases are assigned in Hillsborough County and Tampa, Florida?


Felony and Misdemeanor drug charges are assigned to the various divisions of the court. According to Court rules Misdemeanor Drug Crimes and criminal traffic offenses in which the offense occurred are assigned to a county criminal drug divisions according to the first letter of the defendant's last name. Felony cases are randomly assigned to the circuit Judges.

The Drug Crimes rule also states, "When a  [Misdemeanor Drug Crimes] notice to appear, criminal report affidavit, or information is filed, the clerk will assign the case according to the following alphabetical distribution." This means that misdemeanor drug cases outside of the Plant City, Florida Division will be assigned according to these charts and pictures seen above and below. Felony cases are all randomly assigned to the Tampa Division. If a defendant is on Probation, the case will be assigned to the Judge that originally heard the case(s).

Which Judge will  preside over my Tampa / Hillsborough County Drug Crimes Case?






First Letter
Last Name
Division /
Judge
Floor Courtroom
G, 0, S, U    Division A — Greco   2nd   20  
B, F, P    Division B — Myers   1st Floor   12  
D, M, N, X, Y    Division C — Farr   2nd   24  
C, K, R    Division D — Lefler   2nd   23  
H, L, W    Division E — Taylor   2nd   22  




A, E, J, I, Q, T, V, Z    Division G — Jeske   2nd   21  
First Appearance    Division 0 — Conrad   1st   15
Plant City    Division P — McNeil   2nd   1



Who Are the Hillsborough County Drug Crimes Judges?


Tampa Drug Crimes Judge Dick A Greco
Judge Dick Greco, Jr.

Division A  2nd Floor Courtroom 20 Drug Crimes

http://www.fljud13.org/JudicialDirectory/DickGreco,Jr.aspx

Elected Chief Judge.





Hillborough Drug Crimes Judge Eric Myers
Judge Eric R Myers

Division B 1st Floor Courtroom 12  Drug Crimes

http://www.fljud13.org/JudicialDirectory/EricRMyers.aspx

Appointed to the bench by Jeb Bush in 2000.





Hillsborough Drug Crimes Judge Scott Farr
Judge Scott A Farr

Division C 2nd Floor Courtroom 24 Drug Crimes 

http://www.fljud13.org/JudicialDirectory/ScottAFarr.aspx

Appointed to the bench 2010.





Hillsborough County FL Drug Crimes Judge Lawrence Lefler
Judge Lawrence M Lefler

Division D 2nd Floor Courtroom 23   Drug Crimes

http://www.fljud13.org/JudicialDirectory/LawrenceMLefler.aspx

Veteran of Armed Services.





Hillsborough County Florida Drug Crimes Judge Margaret Taylor
Judge Margaret R Taylor

Division E 2nd Floor Courtroom 22  

http://www.fljud13.org/JudicialDirectory/MargaretRTaylor.aspx

Appointed by Governor Jeb Bush in 2005






Tampa Florida Drug Crimes Judge Richard Weis
Judge Richard A Weis

Domestic Violence Judge 

Division F 3rd Floor Courtroom 31  

http://www.fljud13.org/JudicialDirectory/RichardAWeis.aspx 





Tampa Florida Drug Crimes Judge Paul Jeske
Judge Paul T Jeske

Division G 2nd Floor Courtroom 21  

http://www.fljud13.org/JudicialDirectory/PaulTJeske.aspx







Tampa Florida Drug Crimes Judge John Conrad
Judge John N Conrad

Division 0 1st Floor Courtroom 15

http://www.fljud13.org/JudicialDirectory/JohnNConrad.aspx
First Appearance Judge





Plant City Tampa  Florida Drug Crimes Judge Art McNeil
Judge Art McNeil

Plant City   Division P — McNeil   2nd Floor   Courtroom 1

http://www.fljud13.org/JudicialDirectory/ArtMcNeil.aspx

Judge Art E. McNeil
301 N. Michigan Ave., Room 2006
Plant City, Florida 33563







Complete Directory of All Hillsborough County Drug Crimes Judges

http://www.fljud13.org/JudicialDirectory.aspx 

Complete Listing of Misdemeanor Drug Crimes Criminal Local Rules of Court





Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: August 1, 2016, 8:00 pm

What happens when Prosecutors use the testimony of a cop, with no testimony from a laboratory to identify the drug, Marijuana / Cannabis?


Florida Marijuana Laws, marijuana, cannabis, #cannabiscommunity, #cannabislaws, #marijuana, #norml
No Lab Report Needed
for Weed in Florida
The following sections are excerpts from the court's marijuana opinion testimony decision that can be found in its entirety here. "The issue before us is whether a police officer’s identification of marijuana, arrived at by sight and smell alone, is admissible experience-based opinion testimony. Because the officer’s opinion was based on his personal knowledge and perception and resulted from a process of everyday reasoning, we hold that the officer’s opinion was admissible as lay opinion testimony under Section 90.701, Florida Statutes."


"We find the officers’ testimony within the 
permissible range of lay
observation and ordinary police experience.”


Florida Law Weekly says, "Trial court did not abuse discretion by admitting police officer's testimony identifying substance as marijuana based on sight and smell alone -- Officer's testimony was admissible as lay opinion testimony because it was based on sufficient personal knowledge and senses of sight and smell, and it was arrived at through a process of everyday reasoning . . . ."

Another Florida Court Does Not Require and Expert or a Lab Test to Prove Possession Charges in Tampa UPDATED July 21 


"Florida's adoption of the Daubert standard has not changed the long established rule that lay persons can identify marijuana—and some other illicit  substances as well, e.g., cocaine and methamphetamine—based on their personal experience and knowledge. Such testimony is not admitted based on scientific expertise but instead based on the layman's training and experience, for which a predicate establishing a sufficient degree of familiarity is sufficient. See United States v. Walters, 904 F.2d 765, 770 (1st Cir. 1990) (holding that scientific analysis or expert testimony is not required to prove the illicit nature of a substance and proof identifying the substance may be based on the opinion of a knowledgeable lay person); United States v. Paiva, 892 F.2d 148, 157 (1st Cir. 1989) ("Although a drug user may not qualify as an expert, he or she may still be competent, based on past experience and personal knowledge and observation, to express an opinion as a lay witness that a particular substance perceived was cocaine or some other drug."); United States v. Dolan, 544 F.2d 1219, 1221 (4th Cir. 1976) ("[L]ay testimony and circumstantial evidence may be sufficient, without the introduction of an expert chemical analysis, to establish the identity of the substance involved in an alleged narcotics transaction."). 

"evidence may be sufficient, without the introduction of an 
expert chemical analysis, to establish the identity of the 
substance involved in an alleged narcotics transaction"

If it were otherwise, there would be a substantial amount of litigation on this subject in the federal courts and other jurisdictions that adopted Daubert years ago. Tellingly, the contrary is true. The federal courts—which have followed Daubert since 1993—have long allowed lay testimony to identify illicit substances much as the deputy did in this case. See, e.g., United States v. Robinson, 144 F.3d 104, 108 (1st Cir. 1998) ("[P]roof based upon scientific analysis or expert testimony is not required to prove the illicit nature of a substance." (quoting United States v. Valencia-Lucena, 925 F.2d 506, 512 (1st Cir. 1991))); Robinson v. State, 702 A.2d 741, 745 (Md. 1997) (collecting both federal and state cases supporting the proposition that proof of the chemical composition of an alleged controlled substance need not be established only by chemical analysis but instead may be proved by circumstantial or indirect evidence)." 

Florida Law Weekly Case Summary: "Because the Daubert standard regarding the admissibility of expert testimony does not change the long-established rule that lay persons can identify marijuana based on their personal experience and knowledge, the court affirmed. The state laid a sufficient foundation for the deputy's identification of the substance found in his book bag as marijuana based on the deputy's experience and training."

Source: http://www.2dca.org/opinions/Opinion_Pages/Opinion_Pages_2016/May/May%2025,%202016/2D15-1738rh.pdf



What is a Typical Marijuana Possession Case in Florida?



This case is a typical marijuana possession case. L.L., a juvenile, was charged with one count of simple possession of cannabis under Section 893.13(6)(b), Florida Statutes. At the adjudicatory hearing below, the State relied, in part, on the testimony of Officer Joseph Munecas, who offered his opinion that the substance in question was marijuana. Prior to trial, L.L. requested a Daubert hearing to challenge the admissibility of Officer Munecas’s opinion testimony. The judge declined to hold a pre-trial hearing, but agreed to conduct the hearing during the course of the trial. The prosecutor began by laying the foundation for Officer Munecas’s opinion testimony, asking the officer about his field experience and training.



"Officer Munecas also searched L.L.’s vehicle and found a 
rolled cigarette under the front passenger seat. 
At trial, and again over L.L.’s objection,
 the officer identified the item as a marijuana cigarette . . . . ."

The Court noted:


"During cross-examination, counsel for L.L. repeatedly asked Officer Munecas how he was able to identify the substance as marijuana. The officer maintained that his opinion was “just based on my experience and based on my senses.” Counsel pressed the officer further, asking whether his experience-based methodology satisfied any of the traditional Daubert factors. For instance, counsel asked whether Officer Munecas used the scientific method, whether he collected any data to formulate his opinion, whether there were any peer reviewed articles determining the reliability of identifying cannabis by sight and smell, or whether he was aware of the false positive rate regarding his method of identifying the substance. Officer Munecas was unable to answer counsel’s pointed questions beyond asserting that he had seen and smelled marijuana on numerous occasions in the past and therefore was able to identify it when he saw and smelled it on this occasion. The officer finally conceded: “Sir, I am a police officer, I’m not a scientist.”

"Although the trial judge expressed doubts as to whether Officer Munecas’s “testimony is based upon sufficient facts or data[,] is the product of reliable principles and methods, and whether he has applied the reliable principles and methods in this case[,]” the judge ruled that the testimony was admissible . . . . "


How did the Florida Marijuana Appeal  court Rule?


"Officer Munecas had sufficient personal knowledge to support his opinion 
that the substance was marijuana. He testified that he had years of experience identifying marijuana by sight and smell, 
even going so far as to claim marijuana is so predominant 
in the community that he sees it “practically every day.”


Florida Statutes, reads as follows:

90.702 Testimony by experts 


If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion
or otherwise, if:

(1) The testimony is based upon sufficient facts or data;

(2) The testimony is the product of reliable principles and methods; and

(3) The witness has applied the principles and methods reliably to the facts of the case.


One of the Legislature’s stated purposes in amending Section 90.702 was “to adopt the standards for expert testimony in the courts of this state as provided in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) in the courts of this state.” Ch. 2013-107, Laws of Fla. (Preamble to § 90.702). The Legislature also intended to prohibit the much criticized pure opinion exception to the Frye admissibility standard as provided in Marsh v. Valyou, 977 So. 2d 543 (Fla. 2007). Id.

Five Factors of the Daubert Test of Admissibility in Florida



In Daubert, the Court referenced five factors courts could use to determine the reliability of expert scientific testimony: 

(1) whether the expert’s theory or technique can be (and has been) tested; 
(2) whether the theory or technique has been subjected to peer review and publication; 
(3) the known or potential rate of error; 
(4) the existence and maintenance of standards controlling the technique’s operation; and 
(5) whether the technique has been generally accepted in the relevant scientific community. 

509 U.S. at 593-94. 

The Defense claimed that Officer Munecas’s opinion testimony did not satisfy Daubert’s reliability standard. The State counters by arguing the Daubert factors are “flexible and nonexhaustive.” However, we do not decide this case under Daubert’s expert opinion testimony framework because the admissibility of Officer Munecas’s experience-based testimony is more appropriately analyzed under Section 90.701.


Section 90.701: Lay Opinion Testimony 



We begin with the text of Section 90.701, Florida Statutes:

90.701. Opinion testimony of lay witnesses

If a witness is not testifying as an expert, the witness’s testimony about what he or she perceived may be in the form of inference and opinion when:

(1) The witness cannot readily, and with equal accuracy and adequacy, communicate what he or she has perceived to the trier of fact without testifying in terms of inferences or opinions and the witness's use of inferences or opinions will not mislead the trier of fact to the prejudice of the objecting party; and

(2) The opinions and inferences do not require a special knowledge, skill, experience, or training.

However the Florida court ruled in this case “[a]ll lay witnesses have some specialized knowledge—knowledge relevant to the case that is not common to everyone . . . . Indeed, that is why all witnesses—lay or expert—are called: to get what they know about the case that other people do not.” Paul F. Rothstein, Fed. Rules of Evidence Rule 701 (3d ed.). The text of the Federal Rules offers more guidance than does Section 90.701 because it specifies that lay opinion testimony is not based on “specialized knowledge within the scope of Rule 702.” Fed. R. Evid. 701 (emphasis added). With this in mind, the question is not whether the opinion requires specialized knowledge, as all opinion testimony does, but whether the specialized knowledge is sufficiently specialized to fall within the scope of Section 90.702. See Rothstein, supra, Rule 701.

The Advisory Committee Notes to Rule 701 prove instructive on this point, distinguishing between specialized knowledge within the scope of Rule 702 and personal knowledge: “courts have permitted lay witnesses to testify that a substance appeared to be a narcotic, so long as a foundation of familiarity with the substance is established.” Fed. R. Evid. 701 advisory committee’s note to 2000 amendment. This is because “[s]uch testimony is not based on specialized knowledge within the scope of Rule 702, but rather is based upon a layperson’s personal knowledge.” Id.; see also § 90.604, Fla. Stat. (“Except as evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of the matter.”)

The lay witness may not rely on hearsay in forming an opinion, but the witness may base the opinion on what the witness has perceived.” (citing Somerville v. State, 626 So. 2d 1070 (Fla. 1st DCA 1993))); Barnes v. State, 415 So. 2d 1280, 1283 (Fla. 2d DCA 1982) (“Section 90.701, Florida Statutes (1979), allows opinions of lay witnesses only when based upon what the witness has ‘perceived.’”).

Here, Officer Munecas’s opinion is based solely on his personal, firsthand knowledge and what he perceived. Cf. Daubert, 509 U.S. at 592 (“Unlike an ordinary witness, see Rule 701, an expert is permitted wide latitude to offer opinions, including those that are not based on firsthand knowledge or observation.”). For instance, when asked how he was able to identify the “strong smell of marijuana” coming from L.L.’s rolled-down window,

Finally, we hasten to add that although the more demanding Daubert admissibility standard does not apply to lay opinion testimony, there is nevertheless a reliability inquiry. Not only must lay opinion testimony be based on the witness’s personal knowledge, section 90.604, Florida Statutes, and perceptions, section 90.701, Florida Statutes, but the witness must have sufficient personal knowledge to support the opinion. See Imwinkelried, Distinguishing, supra, at 94 (“[T]he judge must determine whether the extent of the witness’s familiarity is ‘sufficient.’”) (quoting Fed. R. Evid. 901(b)(2) (advisory committee’s note)).7 Here, we have no difficulty concluding that Officer Munecas had sufficient personal knowledge to support his opinion that the substance was marijuana. He testified that he had years of experience identifying marijuana by sight and smell, even going so far as to claim marijuana is so predominant in the community that he sees it “practically every day.”

For the reasons outlined above, we conclude the trial court did not abuse its discretion in admitting Officer Munecas’s marijuana identification testimony in this case. Officer Munecas’s testimony was admissible lay opinion testimony under Section 90.701 because it was based on sufficient personal knowledge and his senses of sight and smell, and it was arrived at through a process of everyday reasoning. We therefore affirm the decision of the trial court.

Affirmed.

Third District Court of Appeal State of Florida

Opinion filed April 6, 2016. Not final until disposition of timely filed motion for rehearing.

No. 3D14-2410 Lower Tribunal No. 14-2034

L.L., a juvenile,  Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.


Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: July 21, 2016, 4:00 pm
drug sniff, drug sniffing dog, methamphetamine, Drug Crimes,
Drug Conviction Thrown Out - Bad Dog

Here are the facts of the most recent dog sniff case we have seen in Florida.


Officer patrolling with his drug detection dog when driver spotted in a truck with no seatbelt. Driver stopped for seatbelt violation. Cop asked driver to step out of the vehicle. Cops asked for consent to search the truck - denied. The officers then decided to conduct a “free sniff” with the dog. By that time, the information had come back from dispatch on the license and registration. Rather than write the ticket for the seatbelt offense, the officer went back to his car, retrieved the dog and commenced the sniff on the outside of the vehicle. Not surprisingly, dog alerts and meth found.

Why did a Florida Drug Crime Court find a Drug Dog Sniff was Unreasonable?



"the officer had obtained all the necessary information from dispatch and could have started to write the ticket immediately. Instead, he decided to interrupt the traffic stop for the dog sniff."


TEXT OF DRUG DOG SNIFF OPINION


DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

LEE JASON UNDERHILL,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D15-1778

[July 13, 2016]



Appellant Lee Underhill appeals his convictions for possession of methamphetamine and use or possession of drug paraphernalia. He contends that the trial court erred in denying his motion to suppress evidence recovered during a traffic stop, because the officer unconstitutionally prolonged the stop by interrupting it to use a drug sniffing dog. Based upon Rodriguez v. United States, 135 S. Ct. 1609 (2015), and Jones v. State, 187 So. 3d 346 (Fla. 4th DCA 2016), we agree that the traffic stop was prolonged and the evidence discovered during the prolonged stop must be suppressed. We reverse the conviction and sentence.


An officer with the Okeechobee Narcotics Task Force was patrolling with his drug detection dog when another team member radioed that appellant had been spotted in a truck and was not wearing his seatbelt. The officer, along with at least one other officer in a separate vehicle, stopped appellant. The officer asked for appellant’s driver’s license and registration, informing appellant that he was being stopped for the seatbelt


2

violation. Appellant seemed nervous and the officer asked appellant to step out of the vehicle. At the same time and while standing beside the truck, the officer called in the license and registration information to dispatch.


While waiting for the information to come back on the license and registration, the officers questioned appellant. They asked for consent to search the truck, which appellant refused. The officers then decided to conduct a “free sniff” with the dog. By that time, the information had come back from dispatch on the license and registration. Rather than write the ticket for the seatbelt offense, the officer went back to his car, retrieved the dog and commenced the sniff on the outside of the vehicle. Within a couple of minutes, the dog alerted on the vehicle. The deputy advised the driver that the dog had alerted, and they were going to search the vehicle. Inside, the dog alerted to a black bag located on the driver’s side floorboard near the transmission hump. The bag contained drug paraphernalia, and appellant was arrested. Later that day, the officers also wrote a traffic citation to appellant for the failure to wear a seatbelt.


The State charged appellant with possession of methamphetamine, and use of, or possession with intent to use, drug paraphernalia. Appellant moved to suppress the evidence, contending that the search of his vehicle was unconstitutional under Rodriguez, 135 S. Ct.at 1612, which was published just prior to the trial of the action. After hearing the testimony of the detectives, the trial court denied the motion, concluding that the use of the dog did not prolong the traffic stop more than the reasonable time it would otherwise take to complete the stop and write the traffic citation. The jury convicted appellant of both charges. The court sentenced appellant, and this appeal follows.


Appellate courts review de novo suppression issues that turn on an issue of law and defer to the trial court on findings of fact which are supported by competent substantial evidence. Connor v. State, 803 So. 2d 598, 605 (Fla. 2001). In this case, the trial court’s analysis was based upon a mistake of law.

We recently decided a case nearly factually identical to this case. In Jones v. State, 187 So. 3d 346, 346 (Fla. 4th DCA 2016), an officer stopped the defendant for failure to wear a seatbelt. He obtained the defendant’s driver’s license and car registration but did not do anything with them. Id. at 347. Instead, he asked for permission to search the vehicle, and when the defendant refused, the officer retrieved his drug dog from his vehicle to perform a dog sniff of the defendant’s vehicle. Id. The dog alerted, and


3


the officer discovered oxycodone pills. Id. Only about three minutes passed from the beginning of the traffic stop until the dog alerted. Id.


In analyzing the effect of Rodriguez on this area of law, our Court explained that:


Prior Supreme Court cases have held that a traffic stop “can become unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission” of issuing a ticket, Caballes, 543 U.S. at 407, 125 S.Ct. 834, and that a seizure is lawful only “so long as [unrelated] inquiries do not measurably extend the duration of the stop.” Arizona v. Johnson, 555 U.S. 323, 333, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009). Rodriguez, however, eliminates any ambiguity about the reasonableness of the time required for the officer to complete a traffic stop. As the Court made clear, “[i]f an officer can complete traffic-based inquiries expeditiously, then that is the amount of ‘time reasonably required to complete [the stop’s] mission.’” Rodriguez, 135 S.Ct. at 1616 (second alteration in original) (quoting Caballes, 543 U.S. at 407, 125 S.Ct. 834). “The critical question, then, is not whether the dog sniff occurs before or after the officer issues a ticket . . . but whether conducting the sniff ‘prolongs’—i.e., adds time to—‘the stop.’ ” IdJones, 187 So. 3d at 347-48. 

In other words, the issue is not, as the trial court thought, what is an objectively reasonable time in which to complete the traffic stop, but whether the dog sniff in this particular stop “adds time to” the stop. Rodriguez, 135 S.Ct. at 1616. In Jones, our Court concluded that the officer had abandoned the purpose of the stop by deciding not to write a ticket but to start the dog sniff. Jones, 187 So. 3d at 348. Therefore, the stop was prolonged beyond what was necessary to accomplish the mission. Id. Likewise, in this case, the officer had obtained all the necessary information from dispatch and could have started to write the ticket immediately. Instead, he decided to interrupt the traffic stop for the dog sniff. Although it was only a short period of time until the dog alerted, under Rodriguez, the sniff unconstitutionally prolonged the completion of the mission of the traffic stop.

Courts across the country have uniformly interpreted Rodriguez as requiring a particularized review of the individual stop to determine, sometimes on a minute-by-minute basis, whether time has been added to the stop through a dog sniff. See, e.g., U.S. v. Evans, 786 F.3d 779 (9th Cir. 2015) (holding officer prolonged traffic stop beyond the time required


4


to complete traffic “mission” but remanding for determination of whether independent reasonable suspicion of criminal activity existed); U.S. v. Williams-Davis, No. 2:14-cr-04072-SRB-1, 2015 WL 6942499 (W.D. Mo. Nov. 10, 2015) (denying motion to suppress where officer had not completed checking identification information at the time the dog alerted to drugs); U.S. v. Kendrick, No. 10–CR–6096–FPG, 2015 WL 2356890 (W.D.N.Y. May 15, 2015) (denying a motion to suppress citing Rodriguez and determining in a minute-to-minute analysis that the stop had not been improperly extended); State v. Warren, 775 S.E. 2d 362 (N.C. Ct. App. 2015) (affirming denial of motion to suppress where dog sniff was performed while a backup officer completed writing out traffic citation). Our conclusion in this case and in Jones is in accord with these cases.


For the foregoing reasons, we reverse the conviction and sentence and remand for further proceedings.

CIKLIN, C.J., and GERBER, J., concur.

* * *


Not final until disposition of timely filed motion for rehearing.

Source: http://www.4dca.org/opinions/July%202016/07-13-16/4D15-1778.op.pdf
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: July 14, 2016, 5:30 pm
#Warped St. Petersburg PD will arrest and send to Pinellas County Jail they are still serious about possession
Warped Tour St Petersburg
Cannabis Arrest
St. Petersburg officials  have toyed with the idea of decriminalization of cannabis. However, we just received notice of at least one arrest and St. Petersburg Police Department officers are taking a hard line on possession of weed at the Van's Warped Tour. 

#Warped St. Petersburg PD will arrest and send to Pinellas County Jail they are still serious about possession  #Cannabis #weed @VansWarpedTour #Norml #CannabisCommunity

I had hoped my years of defending Possession of Marijuana cases in Florida were over - apparently they are not.


Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: July 1, 2016, 6:31 pm



Polk County, Florida has one less growhouse after today's bust in Winter Haven, Florida. Forfeiture of the residence is possible.

#cannabiscommunity, #cannabislaws, #marijuana, #norml, Cultivation of Marijuana, Grady Judd, Manufacture of Cannabis, Marijuana Trafficking, trafficking in cannabis,
Polk County, Florida Growhouse 
Here is some video from inside the otherwise unremarkable suburban home, a map of 124 Elliott Ln, Winter Haven, FL 33884 and here is the haul according to the media darling, Grady Judd:




  • 33 pounds of processed marijuana 
  • 300 marijuana plants 
  • 100 bags of cannabis 
  • 2 freezers 
  • $4,600 in purloined electricity over 90 days 
  • $151,000 Bond 

Growhouse Criminal Charges include:


  • Grand theft of a utility 
  • Trafficking and cultivation of cannabis.

Video Inside the Polk County, Florida Growhouse





Here is a Map of the Alleged Polk County Growhouse at 124 Elliott Ln, Winter Haven, FL 33884


 


Sources:

http://www.fox13news.com/news/local-news/164817547-story
http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2016/6/23/auburndale_youth_soc.html
Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: June 24, 2016, 3:46 am
Marijuana Trafficking, Manufacture of Cannabis,  #cannabiscommunity, #cannabislaws, #marijuana, #norml
Hillsborough County, Florida
Another Weed Growing Operation Raided

There Probably IS a marijuana grow house in your neighborhood


Yet another growhouse has been raided in Hillsborough County Florida, This time in Brandon. See the map below for the location. The haul was 350 pounds. Here is a list of charges according to local news and the Hillsborough County Sheriff's Office reports: Trafficking in marijuana, Cultivation of marijuana,Grand theft-electricity, Own/lease/rent for purposes of trafficking,  Possession of drug paraphernalia. According to one source, "So far in 2016, Hillsborough County Sheriff's deputies have shut down 20 marijuana grow operations in the county."

"You can take a look at a few 
other growhouse locations here."


Florida marijuana laws remain tough as noted in a previous marijuana trafficking article we published in January. The drug statute establishes the penalties as first degree felonies when the case involves "in excess of 25 pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree, which felony shall be known as “trafficking in cannabis . . . .”

Minimum Mandatory Sentence for Cannabis


Under Florida's tough trafficking law Florida Statute 893.135, Trafficking offenses have mandatory sentences. in this case the grower faces "a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $25,000."


Map of Latest Alleged Marijuana Growhouse


Below is a map of the calm peaceful location for the latest alleged grow operation. You can take a look at a few other growhouse locations here.





Previously we have discussed some of these Marijuana charges:


DRUG2905 Trafficking in Cannabis 25 to 2,000 Pounds | First Degree Felony ...
www.drug2go.com/2010/09/trafficking-in-cannabis-25-to-2000.html



 Rating: 5 - ‎Review by Google+ User
Jan 15, 2016 - Charge Code DRUG2905 is used by the court system when cases involve Trafficking in Cannabis 25 to 2,000 pounds. The charge is a First ...


DRUG8100 Possession of Drug Paraphernalia

www.drug2go.com/2010/09/drug8100-possession-of-drug.html


 Rating: 5 - ‎Review by Google+ User
Sep 2, 2010 - 893.147 Use, possession, manufacture, delivery, transportation, or advertisement of drug paraphernalia. (1)USE OR POSSESSION OF DRUG ...

Sources:

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2016/5/19/deputies_approximate.html

http://www.hcso.tampa.fl.us/

Fighting for you or a friend. Law Office of W.F. ''Casey'' Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220
Author: W.F. Casey Ebsary, Jr.
Posted: May 20, 2016, 12:02 pm

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