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Articles Posted in Drug Crimes

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Most people associate drug trafficking in Broward County with drug lords and kingpins. However, you can be charged with trafficking prescription drugs in Florida even if you do not see yourself this way, based simply on the quantity of drugs with which you were caught. In a recent case, the defendant and five others were charged with multiple crimes including trafficking in contraband drugs, conspiracy to traffic in contraband prescription drugs, organized scheme to defraud, and five counts of money laundering.

The defendant pled guilty to eight counts. In a plea colloquy, the court inquired about whether the defendant was under the influence or prescription medications, drugs, or alcohol. The defendant answered that he was and explained, upon inquiry from the court, that he took prescription drugs for his mental health for brain contusions after being in a coma. He explained that he’d been in an accident and had a lot of problems. The judge explained it was trying to determine whether he could make an intelligent and knowing waiver of rights and couldn’t make this finding because he couldn’t understand the answers. The defendant stated that his mental health symptoms weren’t affecting him at the time of the plea and that his medication was controlling those symptoms. However, he also noted he had multiple seizures every day, several times a day.

The defense attorney said he didn’t have issues with competency. The court inquired further and explained the rest of the standard plea colloquy. The defendant said he understood the plea and its consequences. The court accepted the guilty pleas as voluntarily, knowingly, and intelligently entered.

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In a recent appellate decision arising out of a Broward County court decision, the defendant appealed his withholding of adjudication and sentence for one count of possession of cocaine after a plea. The appellate court considered whether the cocaine was found as a result of an Florida illegal search and seizure.

The case arose when the police discovered crack cocaine in the defendant’s food container. Early one morning, two police officers were patrolling an area known for being a high crime area. An officer wearing a vest with the word “Sheriff” written on it was driving an unmarked SUV with the windows rolled down. As the police officer started to turn at an intersection, he saw two men standing at the corner of it. One of the men was holding a fork and a food container.

The defendant turned and looked up with a startled expression. He dropped his fork, as well as a yellow item that he tried to push down into the food container. The officer recognized that the item was crack. The police officer stopped. He took the container, which held grits. The items were pulled out of the grits and tested and found to be crack.

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A new trend in marijuana consumption has emerged. Marijuana is now being consumed in wax, oil, and butter form. These concentrated forms of marijuana are highly potent with tetrahydrocannabinol (THC). THC is the active ingredient that gets users “high” when they use marijuana.

The process for creating waxes and oils can be very dangerous. The most common method involves using butane to extract the THC from the marijuana plant. The maker uses a cylinder tub filled with marijuana and butane. The butane extracts the THC from the marijuana leaving an oil or wax-like substance at the end.

Butane is highly flammable. Broward County and other areas in South Florida have seen an increase in fires due to THC concentrate manufacturing. Law enforcement officers look for signs like large orders of butane and cylinder tubing to local homes as a sign of manufacture.

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