The Difference in Criminal Charges for THC Gummies vs. Weed: Insights from Criminal Defense Attorney Josh Davis
May 30, 2023
A Legal Perspective on Governor DeSantis’ New Drug Law: A Defense Attorney’s View from Palm Coast, Flagler County
As a criminal defense attorney at Davis Law in Palm Coast, Flagler County, Florida, I believe that the new law signed by Governor Ron DeSantis on May 19th, 2022, will have a significant impact on those accused of drug trafficking, especially distributing fentanyl or methamphetamine.Florida’s Fight Against Opioids: Newly Strengthened Laws Targeting Fentanyl and Methamphetamine Traffickers
Florida has recently strengthened its laws against the sale and distribution of opioids, such as fentanyl. The updated legislation also includes methamphetamine as a specified controlled substance, and any individual found guilty of distributing such substances may face a first-degree felony murder conviction if the substance causes the death of another person.A Targeted Approach: New Legislation in Florida Increases Penalties for Trafficking near Treatment Centers and Adjusts Mandatory Minimum Sentences
In response to the opioid epidemic that has affected Florida and other states in the US, a new law has been enacted to target drug dealers. The updated legislation includes stricter penalties for selling controlled substances within 1,000 feet of substance abuse treatment facilities. Additionally, the mandatory minimum sentence for trafficking fentanyl has been increased from three to seven years for quantities ranging from 4-14 grams, and from fifteen to twenty years for 14-28 grams.The Unintended Consequences: The Florida Medical Examiner’s Statistics and the Controversial Expansion of First-Degree Murder Charges in Drug Cases
The Florida Medical Examiner’s Commission estimated that around 5,300 deaths in the state were caused by fentanyl, with a 10% increase in fentanyl-related deaths. As an attorney, it is my responsibility to carefully consider all aspects of the law. Upon reviewing the new bill, I have identified potential issues that may arise. Specifically, the bill expands a prosecutor’s ability to charge a drug dealer with first-degree murder if a drug overdose results in the death of an individual. The State Attorney would only need to demonstrate that the drugs were a “substantial factor” in the person’s death. However, this could lead to unjust convictions if the drugs were not the sole cause of death.A Missed Opportunity: Removal of Provisions Regarding Drug Testing Strips and the Complex Interplay of Deterrence and Prevention
Additionally, lawmakers removed some provisions during negotiations, including language that would have decriminalized fentanyl test strips. Testing drugs can help individuals determine the purity and potency of the drugs they are using, which can help them avoid accidental overdoses and other adverse effects. Additionally, testing can help individuals identify dangerous contaminants or adulterants in their drugs, which can help them make more informed decisions about whether to use them or not. While it is noted that the intention is to deter drug use, testing strips prevent deaths which is supposed to be the goal of the entire initiative.Defending Floridians: The Role of Davis Law in Palm Coast and a Commitment to Justice Amid New Challenges in the Opioid Epidemic
Our goal as Floridians is to ensure the safety and well being of our citizens, this includes addressing our current opioid epidemic. This includes making our citizens aware of the impact of this new law signed by Governor DeSantis. As a criminal defense attorney, focused on my clients’ rights, I am concerned how the impact of this new bill will affect those who are accused. Now more than ever it is critical to receive proper counsel. At Davis Law in Palm Coast Florida, we are committed to ensuring our clients and their rights are justly protected. As an attorney invested in the well being of the residents of Flagler County and the surrounding area it is both my pleasure and my duty to continue to monitor Florida politics and the impact of our area laws to be the best advocate on behalf of our clients. If you or a loved one has been accused of a crime, contact our office for a free consultation. Call our office 386-437-1127 or visit https://davislawpa.com/ For expert legal advice regarding Florida marijuana laws including defense against charges call Josh Davis at Davis Law Firm today. (386) 437-1127FAQ'S
The new law significantly enhances penalties for distributing opioids, particularly fentanyl and methamphetamine. It includes the possibility of a first-degree felony murder conviction if a death results from the distributed substance.
The mandatory minimum sentence for trafficking fentanyl has increased from three to seven years for quantities ranging from 4-14 grams, and from fifteen to twenty years for 14-28 grams.
This expansion of a prosecutor’s ability may lead to unjust convictions if drugs were not the sole cause of death, making it a contentious point in the law.
While the intention was to deter drug use, these testing strips can help individuals avoid accidental overdoses and contaminants. The removal of this provision might contradict the overall goal of preventing deaths.
As criminal defense attorneys committed to clients’ rights, Davis Law will provide proper counsel, ensuring that clients’ rights are justly protected amid these new legal challenges.
The law imposes stricter penalties for selling controlled substances within 1,000 feet of substance abuse treatment facilities, highlighting a targeted approach.
Davis Law offers free consultations and can be contacted at 386-437-1127 or by visiting https://davislawpa.com/.
