On Tuesday, September 15th, 2015, the City of West Palm Beach, Florida passed an ordinance which permits law enforcement to issue $100.00 civil citations in lieu of an arrest for “simple” or “misdemeanor” possession of marijuana (less than 20 grams), adding to the ever growing list of jurisdictions that are waking up to smell the sensimilla.
Exceptions were carved out by the West Palm Beach City Commission which prohibits issuance of a civil fine for juveniles, adults with a prior felony, anyone on probation or with a DUI conviction, but most others will effectively side-step Florida Statute 893.13, which makes even “simple” possession of marijuana (a controlled substance) a State-wide crime.
Other jurisdictions (such as Miami Beach, Miami-Dade County, Hallandale Beach and Ft. Lauderdale) have all done the same. For your interests the City of Miami Beach’s Civil Citation / Notice of Fine looks like this:
It is important to note that: A) Passing local / municipal ordinances does not change State Law; B) I am unaware of any local / municipal ordinance which REQUIRES cops to issue a civil fine in lieu of making an arrest (paper or physical – to understand the difference between paper and physical arrests please see my YouTube Webisode by clicking here); C) Cops can and will exercise their own discretion and judgment (good or bad) in deciding who to arrest and who not to arrest; D) The existence of an option for issuance of a civil fine does not provide authority, immunity or blanket permission to smoke weed; E) You can get a DUI for smoking and driving; F) Until the Florida Legislature wakes up and smells the sensimilla possession of marijuana – in any amount – remains a crime; and F) Until the ass-clowns in D.C. wake up and smell the sensimilla and remove marijuana as a scheduled drug / controlled substance possession of marijuana is a violation of federal law.
The bottom line: Continued criminalization of marijuana is as stupid an idea as was alcohol prohibition. Just as they were gonna drink the folks are gonna smoke, and the longer the government fights the will of the people the more ludicrous and wasteful the situation becomes. Its high time (pun intended)…
for the people to speak out and speak up and start unelecting prurient douchebags and instead electing progressive thinkers who know how to turn a minus into a plus. The sheer volume of resources spent on marijuana prohibition is staggering, but what is even more mind-blowing is the amount of taxable revenue and job creation that is being disregarded in the wake of a) throwing out good money for bad, b) effectively providing life-support for a criminal industry and c) labeling otherwise decent tax paying citizens as criminals because they’d rather smoke than sip.
You can watch Michael A. Haber, P.A’s Webisode on Marijuana in Florida by clicking on the YouTube link below…
Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client’s rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 – 305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!
At Michael A. Haber, PA “it’s all about reasonable doubt”!
LIKE www.facebook.com/haberpa ~ FOLLOW http://habercriminallaw.blogspot.com ~ SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
- Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
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