The following email was received from the SAO this evening in response to JAABLOG PRR’s over the last few weeks. We will update with dates and more information as time allows:
Q: My understanding is DTU is case filing regarding searches given the new hemp laws on “odor plus” and Case Filing is using “odor” alone. Is this correct?
This is incorrect. Our prosecutors are reviewing on a case-by-case basis.
Q: Is there any office wide guidance?
Our prosecutors are reviewing on a case-by-case basis.
Q: And is there finally any policy on retroactivity on pending cannabis under three grams cases?
Consistent with the change in state law and the memo issued on Aug. 19, the Broward State Attorney’s Office will be dropping active marijuana cases involving less than three grams in cases where that is the sole charge. (For context, these types of cases have generally been referred to diversion programs or drug court in the past and cannabis cases qualify for diversion three times.) If there are additional charges, our prosecutors will review on a case-by-case basis, consistent with the policies in the Aug. 19 memo. Though the change in the law is not retroactive, we believe that fundamental fairness requires us to treat people in the same way whether the incident occurred before or after July 1. People who are benefiting from pre-trial diversion programs will be permitted to complete their treatment if they want to do so.
BSO MEMO RE HEMP ISSUES:
AUGUST 19 SAO MEMO: