4TH: “THC OIL = MISD.”

The Fourth DCA, in last week’s State v. Lucas Stevenson, has determined THC oil products are now misdemeanors, assuming the oil or THC product weighs less than twenty grams. Bad news for Mike Satz, as one of his most egregious and anachronistic felony overcharges are now out the window.

Read the opinion. It’s not that simple, but we believe it’s properly encapsulated above.

Earlier today, the Broward SAO sent the following email regarding Stevenson, and breakdowns of existing cases:

In a nutshell, the DCA agreed with the dismissal of a felony THC case based on the fact that it cannot be determined whether the THC was derived from organic material or is synthetic.  This is different from the issue we recently discussed where all cannabis and THC has to have at least a .3% concentration of THC in order to be illegal.  The issue here is the inability to exclude THC from the expanded definition of cannabis.  If we cannot prove that the THC is synthetically derived, then it must be charged as cannabis and is not a felony unless we have 20 grams or more. As a result, all THC cases, if they substance has the required .3% THC level, will be downgraded to a misdemeanor unless there are 20 grams or more involved. The opinion will become final as the AG has advised they have no further arguments to make on the issue and will not be seeking further review.  I wanted you all to be aware of this situation.  Please identify any THC cases you may have and, unless it involves 20 grams or more, discuss the case with your supervisor.  If the case involves other felony counts then we’ll most likely just reduce the one count to a misdemeanor.  If the only felony is the THC count then we will need to refiled the case altogether … “

Congratulations to Carlos Canet on a momentous opinion. When we spoke to him earlier, he immediately pointed out his work was based on an earlier PCA in State v. Rosalez won by Russell Cormican and Sid Fleischman, now law after the Stevenson opinion.

WELL DONE!

65 thoughts on “4TH: “THC OIL = MISD.””

    1. 3

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      Common Sense – Better Late Than Never (but I’m not some poor bastard in jail for weed).

        1. 15

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          Agreed. I heard they’re talking about him for the Harry Gulkin this year? Because of getting everyone through the Covid with Jaab.

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            They should give it to him just to drive the Bar and the rest of the power elites crazy. They won’t though.

    1. 7

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      3.850 motion for ineffective assistance of counsel for failing to ascertain qualitative testing results or misadvise to client that they could be convicted of a felony for possessing a substance less than 20 grams of cannabis, or that Defendant did not know of the illicit nature of the substance as being synthetic and therefore did not knowingly possess synthetic thc regardless if the substance was natural or not for cases older than two years.

      1. 7

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        Yea but the attorney will just lie if it makes it to an evidentary hearing. Sabotage and “lace the record” up nice. They talk to the defendant “off the record”. Then they choose their words carefully to confuse the record. This is an ongoing game in Broward County.

  1. 10

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    The 4th DCA has been issuing PCA’s on cases with great merit. Hell… they issue PCA’s on cases that are identical to their prior rulings. I guess they pick and choose. Depending on their mood that day.

  2. 11

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    Maybe they got sick of seeing these cases in the system as felonies when every rich sob country club person they know or are related to carries a vape.

    1. 6

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      They also wouldn’t want their own children smoking carcinogenically, which is a misdemeanor. They’d rather have them using edibles, which is now a misdemeanor too.

  3. 10

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    I’ve always had a bad stomach. It helps me manage the discomfort a lot.
    Satz and cronies can go to hell.
    They just want it to remain felonies so they can use the case count when they go to scratch for more money. F them !

  4. 9

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    I wonder how many White dudes got their Vapes and Edis thrown in the trash on traffic stops in Parkland while Black dudes catch a felony.

  5. 12

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    Satz and company must be devastated. So upset. Remember the days when Stan Kaplan would give 5 years prison for felony weed. Let’s remember Pryor wants Satz and company to stay on board. Unreal.

    1. 7

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      The fact this had to be litigated is despicable. The State Attorney has wide discretion. To treat these as felonies in the modern era was the real crime. A handful of dinosaurs with no connection to the real world are the ones that need to be separated from society. Put them in a museum, or the Galt Ocean Mile. Just get them out of power already.

  6. 7

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    The SA is just a training ground for kids entering the bottom rung of the Criminal Justice System trying to get some experience. Its never been about the lives they destroy or the moral questions surrounding their actions.
    The problem has always been encouraged at top admin where they think they are being groomed for a position on the bench to continue the game on a different level. So many losers dont even make it out because then they might have to actually do something. Its the system that needs an overhaul and I don’t think Prior will be any different.

    1. 6

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      I never will understand how African-Americans could have worked for the Broward SAO. Maybe it was easy when they saw the few African-Americans on the Bench going along with it. Sure, the law must be followed, but there’s plenty of discretion for both Judges and Prosecutors that could have made all the difference in the world. Why it was so cruel and double standardy for so long is the real question.

  7. 0

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    Why isn’t the Scum Sentinel covering this? The population of pot smoking wealthy people will be upset to know this was going on. This was never articled before? Why? Was this another tool of oppression against Blacks the Scum ignored?

    1. 5

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      Is it any wonder they are so critical of Sheriff Tony, our Clerk of Courts, and endorsed Ms. Sarnell Murphy when it mattered?????

  8. 3

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    It’ll be interesting to see how the Sun Sentinel adapts to the new paradigm wherein the minority/majority-dominant in this County for so long- is finally empowered and in control of many facets of the political establishment. It was certainly a laissez faire “see no evil” approach before in the 1970’s onward corruption/racism/JQC free for all period. I don’t believe that’s necessarily going to change either. It’s more a question of the same lackluster types of people working at a third-tier newspaper in a backwater (like those populating public office) that are more interested in forging mutually beneficial alliances instead of acting as a legitimate 4th Estate.

  9. 5

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    Great job by Carlos Canet, and by Russell Cormican and Sid Fleischman for laying the groundwork. Also, Judge Merrigan (Rick Scott appointee), and appellate judges Burton Conner (Scott), Gerber (Crist when he was R), and Klingensmith (Scott). Liberal judges would never have ruled this way. People just don’t get it.

        1. 0

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          not like the have the family museum to occupy their time and rip off the Broward taxpayers. Thanks Klitty

  10. Broward is A Joke... False Administrative Orders, Slacking, Denial Of Due Process, etc. Read these misapplied orders: says:

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    http://www.17th.flcourts.org/category/announcements/

    I live in Broward County. I DO NOT remember ANY Tropical Storms or Hurricanes that has occurred within the last month. Is my memory really that bad?

    Broward is requesting administrative orders for stuff that never had any effect on the courts to EXTEND time limits under false pretenses. This is a ploy to destroy Due Process.

    Broward has for the most part abused the system for majority of the year. They slacked off so bad. They can’t even catch up at this point. I feel sorry for the defendant’s sitting in Custody that are presumed innocent with no court dates in the near future.

    I suggest nobody play by the rules anymore. It is over with. Time to find a new profession. This is a joke to me now. I cant believe the Supreme Court is allowing the games to play out like this.

    Broward will NEVER, EVER be the same after this pandemic. This is it guys. We have reached the end of Due Process.

    1. 8

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      I always preferred “duel process” because one must fight for basic rights here or “dual process” because the rich have one set of rights and poor the Black man has another.
      Now there’s also “flexible due process” which must mean bend it until it snaps beyond the point anyone will take a stand including BACDL or the Public Defender.

      1. 5

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        Yea bend the process until it snaps. It becomes undeniable at that point. It shouldn’t be flexible after we have to glue it back together.

    2. 8

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      Yeah, that order was only for a couple days from what I have read. We both might be confused on this issue.

  11. 10

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    Press release:

    The new line up at the sao shall be as follows.

    Head of FTU- I don’t know yet
    Head of JUV- it’s a secret
    Head of Case filing – thinking about it.

    Pay cuts- still deciding.

    I have lots of help. Lots of people telling me what to do. I’ll be placing a suggestion box outside of my office door. I wish I knew where my office was going to be. MJS says I can’t have his.

    HP
    🤦🏿

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    Why are they saying I’m a stick in the mud? Mr. Satz, Jeff Marcus, Carolynn MCann, Tim Donnely, Judge Holmes, Chuck Morton and Eugene Pettis have been at the cutting edge of justice reform since 1976.

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      So called Black Leadership has always been part of the problem. Blame can’t be solely put on the SAO, BSO or The Judges. Or the newspaper.
      I merely hope Mr. Pryor understands this and can distance himself from the past within his own community that may have helped him achieve this historic opportunity to bring Broward County forward.

  13. 0

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    not like the have the family museum to occupy their time and rip off the Broward taxpayers. Thanks Klitty

    1. 0

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      You mean a great lawyer like nate klitty….the guy who killed yaa?

      How’s that grant money coming? lol

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