A lot of times clients want to know, can I still be arrested if I have a medical marijuana card in Florida for using marijuana?
The answer is yes! You still can be, but it's only under certain circumstances. When you have your medical marijuana card, that is intended for medical use. So if you're at home and you're using marijuana, you shouldn't be arrested as long as the marijuana that you've bought is from a legal dispensary. If you are approached at a party and you're smoking marijuana, or otherwise not in your own home in a public place, you still could be arrested. It is possible because you're outside the scope of what is required by the medical marijuana statute.
Is it likely that you will be arrested? Maybe at a concert or a party, yes. But for most intents and purposes it's probably not likely. The other time you could be arrested for marijuana even with a medical marijuana card is if you are traveling somewhere with it. Even within the state of Florida, if it's not in its proper packaging, there's a potential that you could be arrested for it. For example, if you've decided to take your marijuana out of the packaging that it came in and place it in a baggie, something that makes it look like illegal marijuana, then it's possible to be arrested.
What if you're on probation - can you be violated for using marijuana? Traditionally, the answer is no, you can't as long as you have a valid prescription and you've provided that prescription. However, you know if you violate probation and cause a new crime by being in possession of marijuana where you're not supposed to be.
These laws only apply to Florida at this time. In the near future, if Florida changes its medical marijuana laws to allow recreational marijuana, this will be null and void, but it's something to keep in mind right now. Marijuana is still illegal federally so none of this applies. For instance, if you were on federal grounds, a federal courthouse, or the VA, federal law enforcement could potentially arrest you in Florida for possession of marijuana. It's a little bit confusing, but the reality is if you have a valid medical marijuana card and you just follow the rules you shouldn't be arrested
If you want to know more about criminal law then download my book, "My Loved One Has Been Arrested: What's Next?". If you need a lawyer after being arrested for marijuana in Florida, with or without a medical marijuana card, contact us online or give us a call at 561.671.5995 now!
