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Category Archives: Drug Crimes

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Is Marijuana A Schedule I Controlled Substance Under Florida Drug Laws?

By Kevin J. Kulik, P.A. |

You can meticulously review the statutory language for hours, yet you will not find the term “marijuana” anywhere on the Florida statute on controlled substances standards and schedules. This is partly because the law refers to “cannabis,” but the legal issues are much more complicated than terminology. More states have moved to decriminalize pot,… Read More »

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Answers to Your FAQs About Drug Manufacturing Charges in Florida

By Kevin J. Kulik, P.A. |

While some US states have enacted separate laws delineating different types of drug crimes, Florida lumps them together in one section on prohibited acts with respect to controlled substances. One of the most severe is drug manufacturing, which is always a felony and carries harsh punishment if you are convicted. However, because the provisions… Read More »

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What are the Five Safety Valves in Federal Sentencing for Drug Cases?

By Kevin J. Kulik, P.A. |

There are literally hundreds of federal offenses that are punishable by a mandatory minimum term of incarceration under sentencing guidelines, which generally means that a judge has no discretion to reduce a prison term. However, you might be surprised to learn the proportion of cases involving drug crimes. According to the US Sentencing Commission… Read More »

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How are Florida Drug Laws Organized?

By Kevin J. Kulik, P.A. |

When you take one look at the dozens of provisions that fall under Florida’s Drug Abuse Prevention and Control Act, you really do not wonder why there is so much confusion about state drug laws. It is difficult to make sense of them if you do not have a legal background, yet it is… Read More »

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Constructive Possession and What It Means in Florida Drug Crimes Cases

By Kevin J. Kulik, P.A. |

The circumstances behind some drug offenses are relatively straightforward. If you have a joint in your hand or container of cocaine in your pocket, you can expect to be charged under Florida’s drug possession statute. However, you could also be arrested even when a controlled substance is not physically on your person or touching… Read More »

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Overview of the Federal Drug Crimes Court Process

By Kevin J. Kulik, P.A. |

There are two overlapping criminal justice systems in Florida, those based upon state law and others which proceed at the federal level. Both systems are very similar, but there are significant differences when it comes to criminal court procedures. For the 139,541 people arrested for federal drug crimes in Florida in 2018 – such… Read More »

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Your Vape Pen Could Lead to Serious Drug Charges in Florida

By Kevin J. Kulik, P.A. |

Vaping is incredibly popular as a means of consuming marijuana by qualifying medical patients and recreational users in Florida. It’s convenient and distributes less aroma, and the equipment is readily available. However, while other US states have made pot legal for both medical and recreational use, marijuana remains a Schedule I controlled substance in… Read More »

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Are Changes on the Way for Drug Sentencing in Florida?

By Kevin J. Kulik, P.A. |

Florida lawmakers continue to address and take action on criminal reform measures, the most recent example being a bill to modify penalties for convictions on certain drug crimes. South Florida’s NBC news affiliate Channel 6 provided an overview in a January 16, 2020 article, outlining how the proposal would change current punishment for drug… Read More »

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Florida Laws on Drug Trafficking v. Intent to Distribute

By Kevin J. Kulik, P.A. |

Though many people mistakenly assume that drug trafficking and possession of drugs with intent to sell involve the same or similar charges, Florida law draws a clear distinction between the two. Not only is the difference key to what prosecutors need to prove to support a conviction, but it’s also critical when it comes… Read More »

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Serious Drug Crimes Mean Harsh Penalties in Florida

By Kevin J. Kulik, P.A. |

Even as general attitudes regarding use of controlled substances has become more relaxed in recent years, many drug crimes still involve serious charges and harsh punishment in Florida. In 2018 alone, Florida Department of Law Enforcement arrested 134,396 individuals for violations of state controlled substances laws. A conviction could lead to years in prison,… Read More »

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