You know, the media can be a wonderful thing, especially when it’s used to help people. Some of the ways it helps the general population is through reporting on world affairs, informing us of the pros and cons of vaccinating our children, and even keeping us up to date on weather and traffic conditions. However, as a powerful means of disseminating information, the media is rarely impartial because the “powers that be” that control the various media outlets are NOT impartial and therefore order the spin that information is given. generate.
The twist is the direction that any subject can take, depending on how the story is told. CNN and Fox News may tell the same story, but how a viewer or listener feels about that story will likely depend on how the story is told. Was the issue portrayed in a positive or negative light? It all depends on how the presenters want the information to be interpreted.
I feel this is true with one particular topic that we hear about on an almost daily basis. Yes, that would be Cannabis. I don’t even know what to call it anymore other than that because the name seems to change so often it’s hard to keep up: marijuana, marijuana, dro. Who knows more? What surely everyone knows by now is that it is as hotly contested a topic now as ever.
There is a camp that tends to be more conservative that promotes that it is a gateway drug, which means that it is believed that it often leads to other, more dangerous drugs. Additionally, research has shown that it affects brain function and can affect memory, as well as create other similar problems. A lot of research has been done to support these views, but again, you have to consider how much twist may be involved.
This is also a consideration when listening to arguments raised by the other side; that is, those who support the legalization of Cannabis. They too have had researchers embrace the safety of Cannabis and the benefits of its use. The fact that it is a natural herb that requires little processing before use is something advocates use to support their claim that it should be legalized. Of course, the same can be said for opium, but no one is pushing to legalize it.
The legalization of medical grade Cannabis opens up an entirely different Pandora’s Box that is being debated with equal fervor. Although there was a referendum in 2014 to legalize medical marijuana in Florida, it failed to get the 60 percent vote required to make it into law.
This is a multi-pronged problem that creates tremendous division among most people. There are those who support its use for recreational purposes who feel it is harmless. Then there are those who support its legalization for medical use. These advocates often feel that it is a much better alternative to other traditional medications because it can be used to relieve symptoms of diseases such as glaucoma and cancer. However, there are also those who are vehemently opposed to its use and are equally convinced that there is no difference between it and many drugs that have more obvious effects. Each of these camps are just as ardent in their opinions as the others.
No matter how you feel about this particular dispute, the fact that no type of Cannabis is legalized means that even if you feel it is harmless, it is still illegal in the state of Florida. As such, if you still partake in using it, I strongly advise against doing so in your vehicle. Something as simple as an improper lane change can get you pulled over by a police officer. He can use the excuse that he smells marijuana to search your car and what he finds there is admissible as evidence in court.
What the policeman thinks he can smell looks quite different from what a canine policeman can detect. There has been much controversy surrounding the use of canine officers to detect drugs during a vehicle traffic stop. In fact, in 2013, the Florida Supreme Court heard two cases on whether or not the use of K-9 units violated the Fourth Amendment rights of those subjected to dog searches.
Although these cases were closely scrutinized by lawyers and the general population alike, the result left the problem much as it began. In one case, judges ruled that it was legal to allow drug-sniffing dogs to sniff out drugs during a vehicle traffic stop. I’m not sure if I agree with this decision because it was based on a drug dog reacting to a smell on a car door handle during a traffic stop. The judges found this to be probable cause, but at the end of the day, a dog is still a dog. Maybe the driver eats a juicy hamburger just before opening his car door. No matter how well trained a dog is, they are scavengers by nature and you cannot train them out of instinct.
The second case concerned whether or not these wonderful drug-sniffing dogs could be used to search houses. It was found in this case that it is illegal to allow police dogs to search someone’s home for drugs without a search warrant.
What does all this mean to you? I do NOT advocate breaking any laws at all. However, if you decide to engage in the practice of smoking any illegal substance, please do so at home and not in your car. You don’t want Fido to confirm the policeman’s suspicions by finding a “roach,” paraphernalia like a pipe, or even traces of any illegal substance. Now, if a policeman shows up at his house with a police dog and you want the dog to search for drugs, make sure he has a warrant to do so.
Even if Amendment 2 had passed, many law enforcement agencies are prepared to deal with the problem of “drinking” just as they do when driving under the influence. There is a distinction between DWI and DUI. Driving while intoxicated implies that you are operating a vehicle after consuming alcohol; Driving under the influence means being affected by ANY substance, even if it is a prescription drug. This would apply to marijuana, if it ever becomes legal even for medicinal use.
Make no mistake, the penalties for receiving a DWI or DUI traffic ticket have serious consequences. If you are convicted of any illegal drug charge, you can lose your driving privileges for six months to two years. This is not a charge you want to take lightly, so if you are pulled over and found to be in possession of Cannabis or any other illicit substance, call our office at 954-967-9888 for a free consultation. We have years of experience representing clients who receive all types of traffic tickets.