Even though Florida legalized medical marijuana with its passage of Amendment 2 in 2016, there have still been countless citizens arrested for marijuana possession despite having a medical card.
Keep reading to learn how to stay on the right side of Florida medical marijuana laws and what to do if you find yourself in legal trouble.
Florida's Medical Marijuana Laws
A card is a defense to some marijuana charges and not to others. These are the rules Florida patients most often break without realizing they have broken them.
Marijuana Possession Limits
Florida sets two different caps, and confusing them is what gets patients arrested. Under Florida Statute 381.986(14)(a), a qualified patient may not possess more than a 70-day supply of marijuana, and no more than 4 ounces of marijuana in a form for smoking at any one time, unless the Department of Health has approved a larger amount. Separately, a treatment center may not dispense more than a 35-day supply of marijuana in a form for smoking, and that 35-day supply may not exceed 2.5 ounces. So 2.5 ounces is a limit on what you can buy in a 35-day window, not the ceiling on what you may lawfully hold.
Go over the cap and the card stops protecting the excess. Under Florida Statute 893.13(6)(b), possession of 20 grams or less of cannabis is a first-degree misdemeanor, and under s. 893.13(6)(a) possession of more than 20 grams is a third-degree felony, which is what an arrest for marijuana possession over the limit is usually charged as. Carry your card, and keep the dispensary packaging with the product.
Medical Marijuana Purchasing And Packaging Laws
A card covers the medical cannabis dispensed to you, and nothing else. Florida physicians do not prescribe marijuana. They issue a physician certification that is entered in the medical marijuana use registry, and the dispensed product is tied to your patient record. Holding cannabis that was certified and dispensed to someone else is not protected by your own card and can be charged as possession.
Patients must purchase their medical marijuana from state-licensed medical marijuana treatment centers (MMTCs), commonly known as dispensaries. These centers are the only approved outlets for legal transactions and are monitored to ensure compliance with state dispensary regulations, including those related to maximum amounts for patients and product types. Purchases made outside of these facilities are illegal and aren’t protected by a medical marijuana card, regardless of the cardholder's status or intentions.
All sales are tracked through the medical marijuana use registry, with each transaction linked to the individual patient's record. This system prevents abuse and protects patients by ensuring they and their providers adhere to state-established possession limits.
The Medical Marijuana Legal Process
A marijuana possession case against a cardholder usually turns on documents rather than argument: what the registry shows, what the dispensary receipt shows, whether the search was lawful, and how much was actually in the car. Getting those in front of the prosecutor early is most of the work.
What A Defense Attorney Does In A Medical Marijuana Case
An attorney who handles Florida drug cases and knows the medical marijuana rules starts by testing whether the state can prove its case at all: whether the amount really exceeded the statutory cap, whether the search that found it was lawful, and whether your registry status on the date of the arrest is documented.
Your lawyer will closely examine the allegations against you, evaluate evidence, and develop a solid defense strategy. Not only will they defend your case in court, but they’ll also assist you during interrogations, advise you on possible mitigations, and ensure that your rights as a medical marijuana patient are protected throughout the process. They become your advocate, voice, and an indispensable resource in pursuing justice.
Examining And Documenting The Arrest's Circumstances
Your attorney will provide a detailed account of where and how the arrest happened, the actions and statements of the law enforcement officers involved, and any interactions that occurred before and after the arrest.
They’ll want to know everything from the reason the police initially approached you to how and when you disclosed your medical marijuana card. Your attorney will also ask whether the officers conducted themselves within legal protocols and respected your rights during the arrest. Those details are where suppression issues come from: a search without a warrant or consent, a stop held open longer than the traffic matter took, or a statement taken after you asked for a lawyer.
Gathering Evidence
Your attorney will help you compile various forms of evidence, including medical records that verify your qualifying condition for medical marijuana use, prescription details, and proof of purchase from a licensed dispensary. This evidence affirms your legal right to use cannabis for medical purposes and demonstrates compliance with state laws.
Additionally, obtaining a copy of the police report will provide a clear depiction of the arrest from law enforcement's perspective. Your criminal defense attorney will review this closely for any inconsistencies or areas that may bolster your case. Witness statements, surveillance footage, or photographs from the scene can also serve as compelling evidence for your defense.
You do not have to prove anything. The state carries the burden of proof beyond a reasonable doubt, and the evidence you gather is there to keep it from meeting that burden.
Possible Legal Outcomes
It can be nerve-wracking if you've found yourself on the wrong side of the law, even with a medical card in hand. However, a spectrum of possible legal outcomes hinge on numerous factors.
Case Dismissal Based On Compliance
One of the most favorable outcomes is the dismissal of your claim. This may be the case if you can prove absolute compliance with Florida medical marijuana regulations. Should your attorney be able to prove that you possessed an amount within the legal limit, that the cannabis was packaged correctly, and that you were legally certified as a medical marijuana patient at the time of arrest, the case against you may no longer hold water.
The more evidence of compliance you have, the stronger your argument for dismissal of the case. Receipts from licensed treatment centers, your patient status in the medical marijuana use registry, and a valid, current card are what that argument is built from.
Negotiating For Leniency In The Case Of Minor Violations
If the amount was over the cap but not by much, the case usually moves to negotiation. A small, unintentional overage by a patient with a clean record and a documented qualifying condition is a different conversation than a trafficking allegation.
In these instances, an attorney can advocate for reduced charges, particularly if you have a clean record and compelling medical necessity. In Florida that can mean a drug education program, community service, or a pretrial diversion agreement under which the charge is dismissed if you complete the conditions.
Consequences Of Non-Compliance
If you are outside the rules, the card does not shield the conduct that broke them, and the ordinary penalties in Florida Statute 893.13 apply. Two limits catch patients out in particular. A card is no defense to a DUI, because Florida Statute 316.193(1)(a) reaches impairment by any substance controlled under chapter 893, and medical cannabis is one. And a card does not authorize smoking medical marijuana in a public place.
The consequences are more severe for repeated offenses or if the offense involves distribution or intent to sell. If you are facing a sale, distribution or trafficking allegation, get a criminal defense attorney involved before you discuss it with anyone.
Call Us Now To Fight Your Marijuana Arrest
Are you a medical marijuana cardholder facing drug charges after an unexpected arrest? We understand how stressful it can be to be charged with a crime, especially when you’ve done nothing to deserve the arrest.
Call Weinstein Legal Team at 888.626.1108 or click here to schedule a free case review with an experienced defense attorney.
