Articles Posted in Drug Crime Defense

Florida’s Second DCA Limits Plain Smell Cannabis Search Doctrine
Brancato Law Firm, P.A.

On October 1, 2025, Florida’s Second District Court of Appeal issued an en banc opinion in Williams v. State, No. 2D2023-2200 (Fla. 2d DCA October 1, 2025) that marks a turning point in search and seizure law. The court held that the odor of cannabis, by itself, is no longer enough to establish probable cause…

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Florida 6th DCA Narrows Drug Convictions Based on Park Ownership Evidence
Brancato Law Firm, P.A.

Case Update: Thomas Andrew Vana, Jr. v. State of Florida, Case No. 6D2023-2407 (Fla. 6th DCA Sept. 5, 2025) On September 5, 2025, the Florida Sixth District Court of Appeal issued a decision in Thomas Andrew Vana, Jr. v. State of Florida that directly addresses enhanced penalties under drug laws. This Florida drug conviction reversed…

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Florida Marijuana THC Possession Laws: Felony vs. Misdemeanor
Brancato Law Firm, P.A.

Facing Marijuana THC Possession Charges in Florida? Here’s What You Need to Know A simple mistake regarding marijuana THC possession can have serious consequences in Florida. Many people believe marijuana is decriminalized. However, the law treats different forms of cannabis drastically differently. Understanding these distinctions is crucial. They can mean the difference between a misdemeanor…

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Florida Court Reverses Cannabis Trafficking Conviction After Hemp Legalization Challenges Proof Standards
Brancato Law Firm, P.A.

On March 26, 2025, Florida’s Second District Court of Appeal issued a pivotal decision in Pryce M. Campbell, III v. State of Florida (2D2023-0651), overturning a major cannabis trafficking conviction from Hillsborough County. This ruling highlights the powerful impact of hemp legalization—and how a defendant’s own testimony can change the course of a criminal case…

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What is Drug Trafficking in Florida?
Brancato Law Firm, P.A.

When people hear the term “drug trafficking,” they often imagine large-scale international smuggling—bricks of cocaine hidden on a plane or massive shipments arriving by boat. However, in Florida, trafficking charges do not necessarily require transportation or distribution. Simply possessing a specific amount of a controlled substance can lead to a trafficking charge, even if there’s…

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Can I Get a DUI While Driving High on Medical Marijuana?
Brancato Law Firm, P.A.

Many people assume that because medical marijuana is legal in Florida, they cannot be charged with a DUI while driving after using it. However, Florida Statute, 316.193 makes it illegal to operate a vehicle while impaired by alcohol, a controlled substance, or a chemical substance that affects normal faculties. Medical Marijuana and DUI in Florida…

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Tampa Attorney for Florida Medical Marijuana and Paraphernalia Transportation Laws 
Brancato Law Firm, P.A.

As Florida continues to refine its medical marijuana laws, patients in Tampa, Hillsborough County, Pinellas County, and Pasco County must understand the nuances of paraphernalia possession and transportation. At The Brancato Law Firm, P.A., we clarify the legal requirements surrounding marijuana smoking devices, other paraphernalia, and the transportation of medical cannabis under Florida Statute §…

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Confidential Informants in Florida Criminal Cases: What Tampa Defendants Need to Know
Brancato Law Firm, P.A.

If you’ve been charged with a crime in Florida and a confidential informant (CI) is involved in your case, understanding their role is crucial. Confidential informants can make or break a criminal case, and how their identity and information are handled can directly impact your defense. Learn more from a top rated Tampa Drug Crimes…

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