Pot Sales Legal in Colorado

In Colorado this past January, cannabis retailers licensed by the state began selling of legal pot to people over 21. Adults who are of age can now legally possesses and grow limited quantities of marijuana in Colorado. Licensed retailers may also cultivate, produce, and sell cannabis and cannabis-infused products. In addition, the cities in which a shop opens must approve of the operation of the marijuana business within that city.

In November 2012, over 55% of voters statewide approved the authorization for adults to possess, grow, and commercially sell cannabis.

All cannabis sales must comply with state regulations regarding the commercial production and retail of pot to adults. So far, over 300 businesses have been approved by state regulators to sell marijuana. Dozens of businesses opened within the first few days that cannabis retail sales were made legal, and many more began sales over the next few weeks. The industry continues to grow.

NORML Executive Director Allen St. Pierre is quoted as saying the following:

"For the first time in modern history, a state is regulating cannabis as a legal commodity in a manner similar to alcohol. Colorado is the first, but it certainly won't be the last, state to treat cannabis as a legal, adult retail product rather than as a prohibited, criminalized substance. The genie is out of the bottle and it isn't going back in."

U.S. Attorney General Eric Holder announced early on that the Justice Department would not interfere with legal sales in individual states where there was adequate regulation. To put the pot sellers at ease, Colorado Deputy Attorney General James Cole affirmed that the Justice Department would not interfere in the regulation of marijuana sales by the State. His written opinion made clear that the Colorado state regulations do not make the substance available to children and do not allow cannabis to be diverted to states where the use of cannabis is not legalized.

Under Colorado's law, you can grow your own pot, but you can't sell it if you're not licensed by the state. Public display of marijuana and consumption are not legal. You can't smoke marijuana in the street or at any bars, clubs, or even where you bought it. Public smoking is also against the law and you're looking at a $100 fine or up to 15 days in jail.

You could face a much greater penalty under federal prosecution, however, especially for cases involving smoking on public property. Possession of marijuana on federal property is punishable by up to six months in jail and a $5,000 fine. Do not ever carry cannabis onto federally-regulated property, such as a park or federal facility, even if you have the right to carry cannabis elsewhere.

Jonathan Blecher is a member of the NORML Legal Committee, and has been defending pot possession cases for decades. Charged with marijuana possession or with driving under the influence of marijuana in Florida? Call or write for a free consultation.

Back on Track Miami Diversion Program Changes

The Miami-Dade State Attorney's Office met with Mothers Against Drunk Driving representatives recently to discuss the Back on Track Program, a DUI diversion program for first offenders in Miami. As usually happens when political forces are brought to bear, the MADD Mothers got their way and forced prosecutors to beef up the conditions of the program.

Program participants in Tier One (under .15 BAC) will be required to install an ignition interlock device on their car for 90 days. Tier Two participants will be required to install the device for 180 days.

The program was designed to focus on first time DUI offenders, with no aggravating circumstances surrounding their cases, such as minors in the car, accidents or very high breath/blood test results. It's creation followed the path of successful programs Alachua County (Gainesville) and Orange County (Orlando), the focus of which was to educate first-time offenders, sting their pocketbooks, but not saddle them with a DUI conviction for life—all very reasonable pursuits.

Enter MADD, who tried to force additional program conditions that demonize first offenders. First, they proposed adding a SCRAM alcohol monitoring bracelet for defined time periods. Then they tried adding a "no drink order" during the entire period of program participation, 6-12 months.

Zero tolerance has long been the goal of MADD, starting from the time when they changed their slogan from "Don't Drive Drunk" to "Don't Drink and Drive."

"We believe the best practice is not to drink and drive and that means zero. If that's neo-prohibitionist, then we are." – Chuck Hurley, Former MADD CEO.

"MADD's stance is that ONE drink is too many." – Kelly Larkin, Executive Director of MADD Southern Arizona.

"While a lot of attention is paid to the serious problem of the repeat offender we don't want to overlook the casual drinker." – Karolyn Nunnalee, Former MADD President in USA TODAY.

MADD has pushed for Ignition Interlock Devices for all people convicted of DUI and, at last count, has been successful in doing so in 20 states, most recently Maine and Tennessee. In Florida, the IID is required after a first DUI conviction, if the BrAC is .15 or greater or a minor is in the car.

Fortunately, reasonable minds prevailed at the Miami-Dade State Attorney's Office.

Is My Name Going to Be in the Paper After a Drunk Driving Arrest and What Can I Do About It?

Other people's misfortunes are always a source of interest. That's why newspapers continue to publish a "police blotter" of DUI arrests. It sells papers.

Newspapers themselves have dwindled in popularity as electronic sources of information have grown in popularity over the past two decades. Editors face less space in the print edition, lower ad revenues, less newsroom resources, less staff and an aging readership. Smart newspapers are using multimedia tools to enhance stories' relevance and accessibility. Online editions are easy to access by phone, tablet or desktop... and that creates reach and a fluid revenue stream.

You will find DUI mug shots in many papers, and online editions around the country. Police agencies will either buy space as an advertisement or the paper will use the unsold space as a way of drawing readership with the stated purpose of public responsibility.

Papers cloak themselves in the first amendment and argue protected speech. While the newspapers are a traditionally protected area of speech and commerce, the real problem is the mug shot websites that have sprouted up over the years. These sites purport to be providing a public service from public information sources, when it seems that the goal is to hold your mug shot hostage until you pay have it removed.

Recently, however, one of these mug shot companies, justmugshots.com, suffered a setback in U.S. District Court in Tampa, Florida and must defend a lawsuit against charges of privacy invasion and unfair trade. The New York Times recently reported that MasterCard, AMEX, PayPal and Discover would break ties with these types of companies.

All You Need To Know About Roadside Sobriety Exercises

Undergoing Sobriety Examinations

It's going to be a shock when you're driving home from the bar or a party and all of a sudden you see the flashing lights of a police car in your rear view mirror. If you know you've had one too many drinks that night, your first feelings are usually of panic, fear, and regret. But if you feel as if you've done nothing wrong, regardless whether you've had something to drink or not, then you're more confused than anything else.

In most cases when the police officer pulls you over and asks you to step out of your vehicle, there's a good chance that you may be asked to perform some exercises to dispel the officer's suspicions that you may be driving under the influence of drugs or alcohol. These tests are called Field Sobriety Exercises.

What does a Field Sobriety Exercise entail?

Standardized field sobriety exercises are at the police officer's discretion and are usually administered if they feel that there's enough physical observation evidence to suspect a DUI.

In my opinion, these tests were designed with an unfair advantage over the subject; ultimately resulting in failure in one or several areas. There are many factors aside from being intoxicated that can lead to a failed sobriety test. 

Here are a few things that can negatively affect your outcomes.

• Over-the-counter medication that can make you sleepy or groggy
• A drink or two, though under the drinking limit, can still impair your ability to pass the test to some degree
• Naturally lacking coordination and balance
• Physical disabilities, injuries experienced in the past or limited mobility of limbs
• Poor roadside conditions
• Over 60 years of age
• More than 50 pounds overweight

There are many parts to a sobriety test which can include both standardized and non-standardized testing. The entire process can last for several minutes depending on how many of the following you're asked to do.

National Highway Traffic Safety Administration standardized tests are:

• One-leg stand
• Walk-an-turn
• Horizontal Gaze Nystagmus (HGN)

Other tests may include the following non-standardized tests:

• Finger-to-nose
• Finger-count
• Reciting the alphabet (forward or backwards)
• Number counting (forward or backwards)
• Rhomberg Balance

While the tests are being administered, the police officer will be closely observing and scrutinizing your every move; looking for wobbling, swaying, falling, stumbling, flailing of the arms, slurred speech and other signs of intoxication.

What happens after you refuse a sobriety exercise?

A lot of people are under the impression that a field sobriety test is a requirement if and when a police officer asks you to perform them, but in fact it's not. If you ask an officer if the sobriety tests are "voluntarily" then an overwhelming percentage of them will have to say yes, giving you the right to politely refuse to take them. In that event, unlike breath, blood or urine tests, refusing to do a sobriety exercise will result in no penalties and will not be used against you in court.

Have Questions? Call An Experienced DUI Lawyer.

Have more questions about your DUI case? Call Attorney Jonathan Blecher, P.A. to discuss your situation during a free case evaluation. Attorney Blecher has been defending DUI cases in Miami for over three decades and has the knowledge you need on your side.

What Happens if I Refuse a Breath Test in Florida?

Any person who gets a Florida driver license consents to submit to a breath, blood or urine test if requested by an officer who has probable cause to believe that they are driving under the influence of alcohol or a controlled or chemical substance. The police officer gets to decide which test they want you to perform.

In Florida, a refusal will result in an immediate suspension of your driving privileges for one year. The DUI ticket will be a temporary license for 10 days and you will have only this same 10 day period to request an appeal of this suspension with the Department of Highway Safety and Motor Vehicles.

The state will attempt to use the refusal to submit as evidence of guilt against you at trial, but there are ways to combat this. For example, some police officers charge a "refusal" if the arrestee is unable to provide the sample, not intentionally refusing, just physically unable. The law requires that a driver submit to the test to the best of his ability.

Often police will confuse the arrestee with the reading of Miranda warnings prior to the breath test request. While an arrestee is not entitled to an attorney before submitting to a breath test, if they are advised that they have a right to not answer any questions and have a lawyer present, that creates confusion and may be grounds to suppress the evidence of refusal.

Sometimes, arrestees will initially refuse yet change their minds a short time later. Police officers will lose patience with this type of situation and will most often write it up as a "refusal". In fact, provided there was no impediment to providing the test, no unreasonable amount of time lapsed and the defendant was constantly being observed, courts have held the arrestee "cured" the refusal.

Building the Best DUI Lawyer

There's a growing, and necessary, trend for lawyers to specialize/concentrate in a niche area of law, giving clients the most effective and experienced representation for their case. Strong DUI laws and sinister law enforcement techniques require a high level of training in DUI practice.

There is a blueprint for becoming an excellent DUI lawyer. Just like anything else, it requires effort, discipline and a genuine desire to focus on that area of criminal defense practice.

The most effective DUI lawyer is someone who makes the commitment to practice almost exclusively in DUI defense. A lawyer who takes on Divorces and Real Estate Closings and Personal Injury Cases absolutely cannot be effective doing all of those things at a high level. A "Jack of all trades, Master of none" cannot provide the type of DUI defense these cases require. Even criminal lawyers who defend murders and drug cases are not the best-suited to take on a DUI case.

A plastic surgeon and a gastroenterologist are both skilled doctors, but you wouldn't ask the surgeon to perform a colonoscopy, would you?

The most effective DUI lawyer will attend seminars on DUI practice; join organizations like the National College for DUI Defense; study scientific literature; and frequently speak on DUI-related topics. That lawyer will know what evidence to gather from the prosecution, the crime labs, the DMV and from the crime scene itself. The most effective DUI lawyer will know what to look for and know where and how to get it.

The most effective DUI lawyer is someone who will charge a good fee for their work. Traffic "ticket defense teams" and volume law practices cannot, and don't, provide the level of attention needed to properly and effectively defend a DUI case. Even law firms with several lawyers ought not to hand off their client's cases to whoever is available in court that day.

For over 30 years and over 3,000 DUI and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call my office, Jonathan Blecher, P.A., to schedule a free consultation at (305) 707-0036 or my mobile at (305) 321-3237.