Articles Posted in Drug Offenses & Drug Trafficking

It is an accepted fact that prescription pill abuse is a major problem in Florida. There have been articles mentioning pill mills and talk that cracking down on them has helped fuel the rise of heroin in Florida. Now a great article in the Tampa Bay Times website talks about a growing backlash amongst doctors about “too strict” regulations that are affecting their ability to prescribe these pills to the patients who most need them…

A Tampa doctor who once led the fight to curtail prescription drug abuse and the fatal overdoses that resulted from it, is now on a new crusade. He is wanting to increase the access to the same drugs he once fought to reduce.

Despite an almost 25% decline in prescription pill “OD” deaths in just the past few years, Tampa Dr. Rafael Miguel is now hoping to loosen the same laws he once championed. The reason? Too many pharmacies are now refusing to fill the prescriptions or even questioning the medical professionals as to the necessity of the drugs.

Thanks to the efforts of Doctor Miguel and others like him, the DEA began to fine drug companies and pharmacies for not questioning certain prescriptions. Of course, this has resulted in increased scrutiny towards these prescriptions, even if medically necessary.

This has led to tension between the doctors and pharmacies. The AMA (American Medical Association) has warned pharmacies about refusing to fill prescriptions. Major pharmacies such as Walmart and others have pointed out that they have a duty to exercise care. Said a CVS spokesman “As health care providers on the front lines of health care delivery, our pharmacists use their professional judgment and consider a variety of factors when determining whether a prescription for a controlled substance was issued for a legitimate purpose, which is part of their professional responsibility under state and federal law”.

WHile the two groups are arguing, it is the patients that are paying the price. There are horror stories about people with legitimate prescriptions that are being refused service. Stores are using various excuses, such as claiming doctor shopping or that an injured patient lives too far away from the pharmacy.

Now even a Doctor that helped Pinellas County draft an ordinance reducing pill mills thinks things have gotten out of hand. Watching some of her patients who suffer from cancer or severe spinal conditions bounce from pharmacy to pharmacy without success.

“It’s crazy,” said Dr. Lynne Columbus, the Clearwater doctor who drafted the ordinance. “It’s gone way too far to the other side.”

Still pharmacies may not be backing down. After Walgreens was hit with an 80 million dollar fine from the DEA for letting oxycodone hit the black market, other pharmacies became even stricter. After a few CVS pharmacies in Florida had their license revoked, many stores stopped carrying controlled substances or kept them in limited amounts.

Now many innocent patients are suffering in pain and unable to get relief.

According to local pharmacist Larry Golbolm, in Florida, pharmacists do not need to justify refusing to fill a prescription. “Pharmacists did not go to school for at least six years to be drug dealers for the highly suspect ‘profession’ called ‘pain management,’ ” he said. “The ruse on pain management is fully understood by the majority of pharmacists, especially at the chain establishments.”

This “war” between reducing prescription pill addiction and helping legitimate patients has produced a few casualties, including a Pinellas woman who committed suicide rather then face her pain after she was unable to get her prescriptions filled.

In another example a late-stage lung cancer patient elected to enter a hospice instead after she was unable to get her prescription filled.

Per Trinity Pain Center owner Christopher Wittmann “If she underwent chemotherapy, she may actually have been able to extend her life by a year, but the option of having a year and being in miserable pain or living two to three months but having her pain controlled was her choice, because there was no guarantee that we could control her pain.”

Another unintended consequence of this crackdown is legitimate patients afraid to talk about their medicine and medical condition as they fear looking like drug addicts. Many patients feel defensive even talking about it.

Is there an answer? Unfortunately corporations, like people, respond to consequences. If a company runs the risk of a large fine or even being shut down, they tend to err on the side of caution. This results in many innocent people being put through unnecessary pain and suffering because they cannot get their prescription pills. Now, many of the same doctors who championed stiffer laws to control these substances are surprised that pharmacies are hesitant to fill their prescriptions. Until Pinellas County finds a “third way” between public safety and patient’s rights, we will continue to see both prescription pill abuse and innocents suffering.
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From BayNews9, a local mobile home park was the scene of several arrests involving drugs.

After months of complaints about drug sales from local park residences, the Pinellas Park police department finally struck back. A monthlong police investigation netted seven arrests at Palm Village Mobile Home park on 66th street.

Among the multiple arrests were charges for outstanding warrants, sale of oxycodone and possession of marijuana among others.

Those arrested were six men, one woman, ranging in age from 28-46.

LEGAL ANALYSIS

A possession of marijuana charge is a first-degree misdemeanor, found under Florida statute 893.13. It is punishable by up to one year in county jail and if one was to be convicted of the charge, the person loses their driver’s license for two years!

A sale of a controlled substance such as prescription pills obviously carries a much harsher sentence. While under the same statute, it is a second-degree felony, with an automatic ajudication of guilt and a maximum sentence of 15 years in state prison!

Depending on the defendant’s lifestyle, priors and the facts of the individual arrests, a defendant may be able to resolve his/her case with probation or even drug court.
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A brief blurb from CBS news about a modern day “Scarface” who had a drug empire online and how it unraveled…

Cornelis Jan “SuperTrips” Slomp, a 23-year-old Dutchman, almost had it all. Great wealth, easy job and travels around the world. Then came his arrest in Miami, Florida. Young and tattooed, Slomp had rented a Lamborghini and was ready to explore South Beach’s party scene when he was arrested by the feds at Miami International Airport last year.

Now the one-time world’s biggest online drug dealer just pled guilty to Federal drug charges in Chicago- a plea that may see him serve up to 15 years in prison. In making his “guilty” plea, Cornelis admitted that he was the main drug trafficker on the underground website “Silkroad”. Speaking perfect english, the defendant pled “guilty” and agreed to cooperate with the prosecutors as part of his plea. It was a long fall for the college educated former software engineer.

With a business sense older then his 23 years, the defendant earned more than three million dollars in bitcoins by selling a variety of drugs such as cocaine, LSD and MDMA.

An assistant U.S. Attorney on Thursday called Slomp’s conviction the largest yet in the feds battle against Silk Road traders.

“Mr. Slomp was the world’s largest drug dealer on Silk Road,” he told the presiding U.S. District Judge.

Using the online moniker “SuperTrips” Cornelis admitted to shipping 4 kilos of cocaine, 566,000 ecstasy pills and over 100 kilos of MDMA among other drugs through the mail. Using a computer and his smartphone, he would take orders online, receive payments in “bitcoins” and then mail back the drugs to throngs of customers throughout the world.

Much like the character Walt from “Breaking Bad”, the Dutchman became known for a distinguished mark on his ecstasy pills…a green question mark. On Silk Road, where anonymous traders sold illegal drugs and other illicit products, he quickly became the main dealer. At the time of his arrest, there were rumors that he was selling his U.S. drug business to a fellow “Silk Roader” man online.
As per his agreement with the feds, the defendant has already started to cooperate. He has surrendered over $3 million in bitcoins as well as promised to cooperate in the prosecution of fellow drug dealers.

As of October, 2013 Silk Road has been shut down followed the arrest in San Francisco of its alleged founder Ross William Ulbricht — who allegedly went by “Dread Pirate Roberts”. Roberts is accused in a New York federal court case of drug trafficking, soliciting murder, facilitating computer hacking and money laundering among other charges.
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From the BayNews 9 website, 10 men were arrested for operating a synthetic marijuana ring…

An almost year-long investigation involving nine states culminated with the arrests of 10 people in what police called “Operation Spice King”. The suspects were arrested in Pinellas County.

Police claimed that the suspects were manufacturing the synthetic marijuana in multiple locations throughout Pinellas County. The men were also accused of selling the product in various convenience stores in St. Petersburg.

The investigation began in June 2013 when police received a tip that one of the men was distributing synthetic marijuana around Tampa Bay and the United States.

An undercover operation began and drugs were bought. The purchased synthetic marijuana contained a substance that was banned in Florida. Other packages were soon seized and they too contained the banned substance.

Eventually detectives found all the remaining suspects, all of whom they said were working under two men. Those suspects were involved in the manufacture and distribution of the synthetic drugs in two public storage facilities and two private residences, per the police report.

Between 2011 and 2014 police state the suspects shipped almost 1000 units of the synthetic marijuana throughout the country.

The following suspects were arrested in Pinellas County:

Pyarali Shamsuddin Heerani, 48, of Tampa Charged with conspiracy to distribute synthetic cannabinoids
Shamir Sultanali Nathani, 32, of Holiday Charged with two counts of conspiracy to distribute synthetic cannabinoids and violation of RICO

Dadhichi Naik, 37, of Largo Charged with conspiracy to commit racketeering
Hasnain Brohi, 26, of Houston Charged with conspiracy to distribute synthetic cannabinoids

Farkunda Akhtar, 21, of Houston Charged with of possession of synthetic cannabinoids with intent to sell
Hurara Hassan, 33, of Houston Charged with possession of controlled substance with intent to sell/manufacture/distribute
Akber Ghazanfer, 33, of Houston Charged with possession of marijuana and possession of controlled substance with intent to sell
Sheraz Khowaja, 26, of Houston Charged with possession of controlled substance with intent to sell

Trudy Nathani, 46, of Holiday Charged with own/operating a residence for manufacturing narcotics
Joanel Volcin, 35, of St. Petersburg
Charged with possession of controlled substance

Pyarali Heerani bonded out of Pinellas County Jail but then picked up new RICO charges which means he is considered a fugitive at this time.

The Office of Statewide Prosecution, the DEA and the Pinellas County Sheriff’s Office all contributed in this joint investigation.
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We have previously blogged about college players getting arrested for a dui, then a former Bucs’ player for domestic battery. Now a current Tampa Bay player, Akeem Spence, gets his turn via an article in the Tampa Bay Times.

The rookie defensive lineman was pulled over on a traffic stop in Alabama and arrested for possession of marijuana and possession of paraphernalia.

Police pulled Akeem over for speeding over 100mph. Per reports, the rookie, who finished with over two dozen tackles and a sack, was cooperative. He was charged with a personal use amount and released on $3,000.00 bond.

When asked for comment, new Tampa Bay Bucs’ coach Lovie Smith was not pleased. He released a statement that read in part:
“We will wait to get all the facts, but the initial reports are concerning and disappointing…” “I have spoken with Akeem and expressed my dissatisfaction with his involvement in this situation. As a member of the Buccaneers, he will be held to the high standards we have set for all members of this organization.”

LEGAL ANALYSIS
Despite recent changes in certain states such as Colorado, marijuana is still very illegal in Florida. Found under Florida statute 893.13, a small amount of marijuana is a first degree misdemeanor punishable by up to one year in the county jail, probation and/or a large fine. If one is convicted of a marijuana or controlled substance charge, your driver’s license is suspended for two years! There is no license suspension for drug paraphernalia, however the rest of the potential punishment remains.
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From the TBO online, a case of life imitating art…

28-year-old Ryan Carroll was arrested after a Tuesday morning raid by local police in Fort Myers, Florida. After a tip from a package delivery service, police obtained a search warrant for his home and two others. After the raid, the suspect was arrested for possession of synthetic narcotics, resisting arrest without violence and operating a drug house, among other charges.

In Florida, not altogether that unusual. What makes this story interesting is that Ryan Carroll was a self-proclaimed “biggest fan” of the beloved AMC television series “Breaking Bad”. The show, about an ill high school teacher who turns to trafficking in meth to support his family, was a critical and commercial hit.

Ironically the defendant won a national contest to see the series finale alongside the cast. He also won an autographed “haz-mat” suit similar to the one worn by the lead actor. The police confiscated that in the raid along with drug manufacturing supplies.

During an interview after he won the contest, the jubliant Carroll told a local news station “”It’s just so addicting, it’s such a good show. I think it’s addicting because people can relate to the main character.”

It appears that this was not all the suspect could relate to the main character for. Perhaps inspired from the show, the defendant appears to have started a drug manufacturing business himself. Police confiscated over one million dollars worth of illegal drugs. A total of three houses were raided, each house having a specific link in the drug trade. One house was used for manufacturing, one house for storing the marijuana and the last house was used for shipping the drug throughout the United States and Mexico.

Mr. Carroll was considered the ringleader of the group. Using a cement mixer to concoct his product, he managed to build a rather large manufacturing base of operations.. Some neighbors expressed shock that drug trafficking could occur in their nice neighborhood. Other neighbors, when interviewed mentioned suspicious activities like constant UPS pick up and delivery as well as expensive cars coming to the defendant’s house at all hours of the day and night.

As of the time of this writing, Carroll and company are still in the county jail. His Florida drug defense lawyer was not available to comment.
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Putting the “con” back in congress? From the baynews nine website, a Florida politician is apologizing to the voters and is now seeking treatment after being arrested on a cocaine charge…

37-year-old Rep. Henry Radel pleaded guilty in open court to a misdemeanor charge of possession of cocaine this morning. Telling the judge that “he needed help” he was sentenced to a year of probation. His criminal defense attorney refused to comment when questioned by reporters.

The former radio host was elected to represent Florida’s 19th Congressional District (along the Gulf Coast). Elected in 2012, he is thought to be the first sitting member of Congress charged with drug possession since Frederick Richmond in 1982.

Per a DEA spokesperson, Radel bought the cocaine in a D.C. neighborhood on October 29 from a confidential informant. The “CI”, who was working for the feds after being arrested for his own drug possession charge, identified Radel. The night of the buy, federal agents went to his apartment to inform him that he would be facing criminal charges.

For his part, Henry Radel told the judge that he would be seeking drug counseling as well as treatment for his alcoholism. He expressed regret for letting down his family and his constituents. Will he be forgiven? That will be up to the voters and remains to be seen…

LEGAL ANALYSIS

The cocaine possession charge in Washington D.C. is a misdemeanor, punishable by up to six months in jail or 12 month’s probation. One (the only?) bright spot in his arrest? At least he isn’t a hypocrite! Among the bills he sponsored was legislation to amend America’s minimum mandatory drug laws.

If he had been arrested for cocaine possession in Florida, he would not have been so lucky. Possession of a controlled susbtance is found under Florida Statute 893.13. It is a third degree felony and punishable by up to five years in prison and a two year driver’s license suspension!

Finally, this question has come up: Is Henry Radel getting special treatment because he is a politician? Surprisingly he may not be. In Florida a typical sentence for this charge depends on many things including the facts of the case and the defendant’s prior record. This is Rep. Radel’s first offense. In Pinellas county, most likely he would be given either probation, a chance to have his case dismissed through the Pre-Trial Intervention “PTI” program or even moving his case to Pinellas County Drug Court where he would undergo treatment and work towards having his case dismissed.
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From the Tampa Bay Times, local firefighters respond to a fire. What they find led one man to felony charges…

In Saint Petersburg, local firefighters responded to calls of a house on fire. The man inside the house surprised the firemen by refusing to let them in. They soon found out why. The 27 year-old suspect had a marijuana cultivation operation in the house he rented from his father!

Firefighters first responded to the St. Petersburg house early Monday evening on reports of an electrical fire. The suspect had apparently started the small blaze by having too many electrical cords, overloading the circuits.

The firefighters became suspicious when the marijuana growhouse defendant refused to let them in to fight the fire. When they broke down the door, they found close to 100 potted marijuana plants in his room.

Police were soon called and the suspect was arrested and charged with multiple charges including cultivation, possession of marijuana, obstruction and possession of MDMA (this controlled substance appeared to be found on him when he was arrested).

Per the police report the suspect first claimed he was growing the drug for medicinal usage. He eventually admitted that he was growing the plants to sell the marijuana.

LEGAL ANALYSIS

Cultivation or manufacturing of marijuana is found under Florida Statute 893.13. It is a third-degree felony punishable by up to five years in prison. The possession of a controlled substance (MDMA) is also a third-degree felony with the same punishment. The marijuana possession may also be a felony due to the sheer amount found (over 20 grams of marijuana takes it from a misdemeanor (possible one year in county jail) to the same third-degree felony. Finally, the obstruction charge is also a first-degree misdemeanor.

It is not just the possibility of prison time or a felony conviction that the defendant should be worried about. A conviction on a drug possession, sale or manufacture will mean an automatic driver’s license suspension! An ajudication of guilt will mean that his license is suspended for two years (six month hard suspension with a possibility of a hardship license if certain criteria is met)!
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From a local CBS news affiliate, a suburban housewife is busted after police discover a large marijuana growing operation in her upscale suburban home…

The woman, Andrea Sanderlin, was charged with growing thousands of marijuana plants from her home. This was done, in part, to finance her lifestyle of vacations, fancy restaurants and expensive shopping sprees.

While a call to the suspects, drug defense lawyer went unreturned, the prosecutor is claiming that Ms. Sanderlin had an extremely sophisticated pot-growing operation near Queens, New York. She was arrested on Federal criminal charges in May, and she has been held without bail ever since.

Per the federal complaint, the 45-year-old mother of two would drive between her house and the grow house in an expensive sports car. Police found her in possession of over 3000 marijuana plants in her grow house.

LEGAL ANALYSIS

Besides the possible Federal crimes that this charge may bring, the sheer amount of marijuana here would expose this woman to serious charges in Florida. Manufacture of marijuana is found under Florida Statute 893.13. This charge is a third-degree felony, punishable by up to five years prison.

In addition, depending on the amount by weight of the 3000 marijuana plants, the woman could be charged with trafficking in marijuana. This would result in a more serious punishment, including more prison with mandatory “day for day”time and even large fines. The amount of prison and/or the fine would depend on the amount of drugs the defendant was found to have in her possession.

Finally, Florida has a provision under statute 932.701 known simply as the “Florida Contraband Forfeiture Act“. This would allow the police to seize the suspect’s money, car, personal items and even her fancy home (if it was not her primary residence) if law enforcement can show by a “preponderance of the evidence” that Ms. Sanderlin got these items through illicit means or with money made as a result of her drug sales. Very ironic that in Florida, this woman would probably lose all her possessions because she was selling drugs to maintain her lifestyle!
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As first reported on the Baynews Nine website, it may soon be against the law to sell synthetic marijuana (also known as K2 or “spice”) in the St. Petersburg city limits. The Mayor, Bill Foster, wants to move forward on his plan to ban the sales of this so-called drug.

Claiming that it is “frying people’s minds” the Mayor also wants the possession of synthetic marijuana to result in a civil infraction or even an arrest. As of this writing, the city council’s Public Safety committee has given the Mayor permission to have his city attorneys write up that law.

As previously written about in the Tampa Bay Times, St. Petersburg and in particular Williams Park downtown has seen a large uptick in violence and drug abuse. Williams Park and the surrounding area has been overridden by the homeless population, many of whom smoke spice and panhandle or commit crimes (such as prostitution or robberies) for money. Much of that crime is being blamed on this new drug.

Synthetic marijuana is made of a legal plant, which is dried and ground up. It is then mixed with various chemicals that can produce mind-altering effects. The problem is the chemicals/plants are not regulated and while individually these chemicals are not safe, when they are mixed together, the results can be even more dangerous and unpredictable.

Depending on a person’s body chemistry and the spice itself, the drug has been blamed for violent behaviors, hallucinations, vomiting and rapid heart beat. This is ironic as the drug claims to produce a mellow high, much like marijuana.

Saint Petersburg is merely following in the footsteps of a state law, passed in 2012 that actually bans some of the chemicals found in spice. That law has proved mostly ineffective as the manufacturers merely change up some of the chemicals. This keeps them from breaking the law but may result in unknown chemicals in unknown amounts being ingested by the smokers.Another issue the police are running into involves testing for the drug itself. Most illegal narcotics (such as cocaine or marijuana) can be tested for with results coming in a few minutes. Spice presents a problem as the lab results for the drug sometimes takes several months before it is ready. Worse, as the drug mixture keeps changing, many times the police don’t even know what to test for!

Meanwhile these city attorneys are studying similar bans recently enacted in Pasco and Hillsborough county for further guidance.

Legal Analysis

In Florida, marijuana, like many illegal drugs, falls under Florida statute 893.13. Spice or K2 will most likely not be enforceable under that statute. That is because as mentioned above, the chemicals in spice are being changed often, making the detection of this synthetic marijuana difficult. Any prosecution for spice under 893.13 would likely be overturned as vague. Unlike marijuana or other drugs under that statute, K2 is not readily defined.

It is more likely that a civil infraction/arrest for possession of this drug would not be overturned. If the St. Petersburg city lawyers craft a carefully guided proposal banning the sale of spice this too should pass constitutional muster.
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