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David Shoar had a valid Medical Marijuana License, however, the substance was not in its original packaging and “had been used inside the vehicle,” a report states.
ST. JOHNS COUNTY, Fla. — The former sheriff of St. Johns County was not issued a ticket after he was pulled over with eight grams of marijuana in his vehicle on Friday night, an incident report states.
David Shoar, who served as sheriff of St. Johns County from 2004 to 2021, was pulled over at the intersection of Pope Road and A1A Beach Boulevard on Friday after failing to stop at a red light before making a turn, an incident report from the St. Augustine Beach Police Department states.
The officer smelled marijuana coming from the vehicle before the traffic stop, according to the report.
During the traffic stop, the officer observed pieces of marijuana on the vehicle’s center console while collecting Shoar’s driver information. The officer noted in the report that there was a “very strong odor” of marijuana coming from the vehicle.
Due to the smell, the officer had Shoar exit the vehicle and conducted a probable cause search.
The officer found eight grams of marijuana in the form of three marijuana cigarettes in the vehicle, along with two firearms.
Shoar had a valid Medical Marijuana License at the time of the traffic stop, however, the substance was not in its original packaging and “had been used inside the vehicle,” the report states.
The officer confiscated the marijuana to submit as evidence for destruction.
“David was given a verbal warning for both the traffic violation and having the marijuana in the vehicle,” the officer wrote in the report.
Shoar was subsequently released from the scene.
In a statement to First Coast News, Daniel Carswell, Chief of Police for the St. Augustine Beach Police Department, said although the officer smelled “burnt” marijuana coming from Shoar’s vehicle, “no driver impairment was detected during the interview and investigation.”
Statement from St. Augustine Beach Police Department
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On December 15, 2023, at approximately 9:00 p.m. officers from the St Augustine Beach Police Department conducted a traffic stop on a motor vehicle for a minor traffic infraction near the intersection of Pope Rd and A1A Beach Blvd. The driver of the vehicle was identified as David B. Shoar. Officers detected the odor of burnt marijuana emitting from the vehicle.
Upon approaching the vehicle, officers saw what they believed to be marijuana visible inside the vehicle. A roadside investigation and interview were conducted by officers. No driver impairment was detected during the interview/investigation. After a search of the vehicle, three marijuana cigarettes were seized for destruction. SABPD officers conducted a thorough investigation adhering to agency policy and standard operating procedures. The driver of the vehicle David Shoar was subsequently released.
Were any laws broken?
According to the Florida State Constitution, it is prohibited to operate any vehicle when under the influence of medical marijuana.
Any medical marijuana patient who uses the product in plain view or a place open to the general public, including a school bus, vehicle, aircraft, boat, or on school grounds commits a first-degree misdemeanor.
In the state of Florida, it is encouraged that when transporting medical marijuana, patients should lock their products inside a compartment or container within the vehicle, however, “violation of delivery procedures does not carry a criminal penalty,” according to the Florida Department of Law Enforcement.
If products are not properly stored, the incident can be reported to the Florida Department of Health, “especially if safety and security is compromised,” according to FDLE.
Florida Statute 381.986 says “all marijuana purchased must remain in its original packaging,” however, failure to do so does not come with a criminal penalty. Officers can “advise the person to retain original packaging in the future per statute,” and can report it to the DOH.
During a traffic stop, officers can use the product’s original packaging to confirm that the marijuana is from a licensed treatment center. It is unclear if the marijuana in Shoar’s possession was a medical product because it was not in a properly labeled dispensary container.
The statute adds that simply possessing a Medical Marijuana License “does not exempt patients from arrest, prosecution, or excuse them from any requirement under law to submit to a breath, urine, or blood test.”
The incident report does not state if any of these tests were performed on Shoar.
First Coast News has attempted to contact Shoar for comment on this story and is waiting to hear back.
