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FORFEITURE

Posted by John Rutkowski | Mar 31, 2019 | 0 Comments

K2 Synthetic Marijuana

Criminal law -- Forfeiture -- Adulterating or misbranding of drugs -- Synthetic marijuana -- Appeal of seizure of property allegedly obtained through the illegal activity of selling synthetic marijuana marketed as a legal high, including violations of section 499.0051(13). No error in finding probable cause sufficient for seizure of property. Trial court did not make improper finding of criminal guilt during seizure stage of forfeiture proceeding by finding that illegal drugs were capable of being misbranded or adulterated under the Florida Drug and Cosmetic Act where trial court determined only that a violation could occur even if drugs sold were already illegal, but did not determine if a violation was in fact committed or make specific findings of fact related to the case. Argument that drugs must be legal for Act to apply is rejected where plain meaning of Act allows for any drug to be misbranded or adulterated and was created in part to protect the public from injury by product use and by merchandising deceit involving drug.

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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