Palm Bay Florida today: A cop pulled me and a friend; the cop over walks up says wow I am getting the munchies just standing here was his statement with a big smile he was very cool. My response I saw that line on cops the tv show too both of us laughed. He said how much marijuana do you have in the car; the drivers response was less than 7 grams. My response was Sadly I have none. That is illegal the cop said to the driver;; we stepped out of the car as ordered and the driver offered the cop his phone to read. On the cell the driver he had pulled up the Medical Marijuana Necessity Defense in Florida for the cop to read. Then he explained the medical issues and the side effects of the pills he had to take to be legal and not in pain. The cop said I have never heard of this; the cop did a search found the pot the same honest amount as was told; but then he said Have a nice day I will not waste my time with a proven defense and he drove away to our surprise. Moral of the story be prepared and be honest; print out the following. In Jenks v. State of Florida, 582 So. 2d 676 (Fla. 1st DCA 1991), the First District Court of Appeals reversed the conviction of a husband and wife charged with cultivation of cannabis. The Court held that the couple established sufficient evidence to establish the medical necessity defense at trial as a matter of law. In fact, the Court ordered the trial judge to enter a judgment of acquittal. The court stated the medical necessity defense as follows: The defendants had no control over the circumstances which required the choice between the lesser of two evils; No less harmful alternative was available; and The harm sought to be avoided was less offensive than the criminal acts committed to avoid it.
Posted on: Tue, 12 Aug 2014 21:56:46 +0000