Smell Plus? FROM THE LAW BLOG
There’s a new/old concept that’s been coming into play since the passage of the hemp bill in Florida. The concept is called SMELL PLUS. In short, this means in order to articulate a search of the vehicle, there needs to be more evidence than just the odor of marijuana emanating from the vehicle to justify the search. Instead, you need the smell of marijuana along with something else to justify the further detention in search of the vehicle. That “something else” has to show some evidence of criminal wrongdoing. An example of a “smell plus” is the smell of marijuana plus paraphernalia in plain view when someone does not have a medical marijuana card. There can be many forms of “plus.” Under Florida Statute Section 581.217, hemp is defined as the plant cannabis sativa L. and any part of the plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, assets, salts that does not exceed 0.3% tetrahydrocannabinol (THC) concentration. Under Florida Stat. Sec. 381.986, medical marijuana is legal in the State of Florida. Further, under the statute, the only difference in legal medical marijuana and illegal marijuana is the percentage of THC and cannabidiol (CBD). Medically legal marijuana is defined under Florida. Stat. sec. 381.986 (1)(e) and (f) as: (e) ‘Low-THC cannabis’ means a plant of the genus Cannabis, the dried flowers of which contain 0.8% or less of THC and more than 10% of CBD weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization.
(f) ‘Medical cannabis’ means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in s. 499.0295. Medical marijuana can only be distinguished from other marijuana by testing the potency. Likewise, the determination of hemp versus marijuana containing more than 0.3% THC can only be done through testing. What’s happening now? The state attorney’s office and Broward and Martin Counties have put forth memos on why they will not prosecute unless there is the smell plus evidence of wrongdoing. Most South Florida jurisdictions are following suit. It’s likely in the future that fewer cases will be filed, and pending cases will result a lot quicker. This article comes direct from the blog at Matthewkoneckypa.com/law-blog. Be sure to visit the blog for more insight from Matthew!
MEME CORNER
SLOWCOOKER PUMPKIN CHIA STEEL CUT OATS Cooking With Ashley
Ingredients
• • • • • •
1 cup steel cut oats
• •
2 1/2 cups water
2 tablespoons chia seeds
2 cups milk (I used unsweetened almond milk) Top with additional maple syrup, toasted pecans, chia seeds, chopped apple or chocolate chips, if desired
2 teaspoons pumpkin pie spice 2 teaspoons ground cinnamon
•
1 cup pumpkin puree 1/4 cup maple syrup
Directions
1. Spray your slow cooker generously with cooking spray. Place all ingredients into the slow cooker and cook on low for 8 hours or overnight. Note: to prevent the edges from burning, place a large heat proof dish into the slow cooker and add all ingredients into the dish. Fill the slow cooker with water around the dish until it’s 2 inches from the top of the dish. 2. It’s normal to see chia seeds all over the top of the oats after cooking. Simply stir the oats well before serving, and serve with your choice of toppings. Enjoy!
3
www.matthewkoneckypa.com
Made with FlippingBook - professional solution for displaying marketing and sales documents online