Legal Question in Criminal Law in Florida

Smoked some stuff I bought at the local headshop. I now have found that the ingredients used to make it have been made illegal in certain states, but not in mine (FL). Currently, I am on felony drug court probation. I just wanted to know if there was anyway I could be in violation of my probation if they were to test me for this stuff?

Asked on 8/10/10, 9:54 am

1 Answer from Attorneys

Brandon Kolb Kolb, Cintron, & Associates

Standard conditions of probation include a prohibition on possessing or using illegal substances. If the substance you are concerned with is not illegal in Florida, injesting it would not violate your probation. Therefore, it is unlikely that your PO would test you for it. However, it sounds like you may be speaking of a substance called Salvia, a natural herb commonly sold at tobacco accessory stores and hooka bars. The State of Florida did recently criminalize the possession and use of Salvia. Even if the substance was not Salvia, if you are injesting herbs commonly thought to cause epheuric effects, you should take care to pay attention to any changes in state law that would affect the legality of those herbs.

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Answered on 8/15/10, 4:45 pm

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