Florida is one of the few states where the usage of medical marijuana for patients with certain “debilitating conditions” is legal. Some of these conditions may include cancer, epilepsy, glaucoma, Crohn's disease, Parkinson's disease, PTSD, ALS, multiple sclerosis, HIV, and AIDS. It is at a physician's discretion whether or not to approve a patient for a medical marijuana card. Without a medical marijuana card, just one joint can result in an arrest and a criminal record for life. If you were arrested for marijuana possession in Palm Beach County or Broward County, contact us immediately.
Is Medical Marijuana Legal in Florida?
While medical marijuana use is legal in Florida, the use and possession of cannabis is illegal under federal law for any purpose according to the Controlled Substances Act of 1970. With Florida having some of the strictest marijuana laws, if you're found to be in possession of just 20 grams (less than three-quarters of an ounce), you can still be charged with drug possession and face up to a year in prison and a $1,000 fine. Anything over 20 grams carries higher consequences such as a felony possession charge which can result in up to five years in prison and a $5,000 fine. If you or a loved one was arrested for marijuana possession, our Palm Beach County marijuana possession attorney can protect your rights.
In December of 2015, Palm Beach County commissioners approved a plan to allow civil citations to be issued for possession of 20 grams or less of marijuana. Repeat offenders may be required to pay a $100 fine or opt for 10 hours of community service. It is usually at an officer's discretion whether or not to make an arrest for small amounts of marijuana. Although one officer may let you off the hook for marijuana, the next may not.
Can I Be Arrested Even With a Medical Marijuana Card in Florida?
A medical marijuana card is intended to be used for medical use only. According to Florida Statute 381.986, medical marijuana laws prohibit the usage of high-THC medication in public or on public transport. High-THC medication with a medical marijuana card must be used only in a private residence.
The usage of low-THC medication such as CBD however, is legal for use in public. Remember, you do not need to get high to receive the benefits of medical marijuana.
It's important to remember that although you may have a marijuana card, the marijuana in your possession must be obtained through a legal dispensary. Additionally, if the marijuana in possession was obtained legally, but is not carried in its original packaging, you can be arrested. Medical marijuana in Florida should have a label firmly affixed to the packaging stating:
- Clinical pharmacology
- Indications and use
- Dosage and administration
- Dosage forms and strengths
- Warnings and precautions
- Adverse reactions
Is It A Probation Violation To Use Medical Marijuana in Florida?
If you are on probation in Florida, you are subject to be drug tested by your probation officer at any time. In Florida, you are permitted to use medical marijuana with a valid prescription even if you are on probation. Any other drugs found in your system however can still lead to a probation violation. It's important to confirm with your probation officer before the use of medical marijuana to avoid any confusion.
Can I Grow Marijuana in Florida if I Have a Medical Marijuana Card?
Even if you are a medical marijuana cardholder, growing marijuana plants is still illegal! Growing marijuana in Florida legally is almost impossible, and doing so can result in criminal charges even if you are growing your own supply for medicinal purposes. Starting a commercial growing operation in Florida is difficult as well as limited commercial licenses are available and are rarely granted. As state laws evolve, however, there will be more cases that challenge Florida's current statutes.
Hiring a Broward and Palm Beach County Marijuana Defense Lawyer
An experienced Broward and Palm Beach County marijuana defense lawyer can help beat a marijuana possession charge and improve your chances of getting probation rather than serving jail time. To protect your rights, contact us or call us at (561) 671-5995 so we can review your case immediately!