Is Marijuana Legal in the State of Florida?

If you require criminal defense for illegal marijuana charges in the state of Florida, it is imperative that you contact a lawyer as soon as possible. Partner Matt Shafran at Weinstein Legal Team, head of the criminal defense division, is an experienced drug crime lawyer with years of experience representing clients in court. A drug conviction can have a lasting impact on your life, even if it is for a misdemeanor charge. However, with proper legal representation, it may be possible to get your charges reduced or dismissed entirely, preserving your reputation and protecting your future.

Is Marijuana Legal in Florida?

Recreational marijuana possession and use are not legal in the state of Florida. Medical use is legal, under Article X, Section 29 of the Florida Constitution and Florida Statute 381.986, for a registered patient whose physician has certified a qualifying condition. Physicians do not write a prescription for marijuana, because it is still a Schedule I drug under federal law. They issue a physician certification that is entered in a state registry. Buying marijuana off the street, or using it without that certification, remains a crime in Florida.

To obtain a license for medical marijuana, patients must go through a formal process. You must visit a state-certified doctor, receive a diagnosis for a condition approved by state law, and then file a formal application with the state, which comes with a fee.

As recreational marijuana is illegal in Florida, if you receive criminal charges, you may face steep consequences that include jail time, probation, and hefty fines. Additionally, if you receive charges for falsifying medical marijuana registration documents, you may face felony charges for fraud, and more. Do not take your chances in court alone. While many individuals think that a simple marijuana charge is not a big deal, it can impact your ability to find work, housing, and more, well into the future. You require an aggressive drug defense attorney to advocate on your behalf.

Recreational Cannabis in Florida

Recreation cannabis is illegal in the state of Florida, no matter what amount of marijuana you have at the time of arrest. This means that it is illegal to sell, buy, use, and possess the drug, no matter the circumstances if you do not have a medical marijuana registration card.

Penalties for Recreational Marijuana Charges

Possession of 20 grams or less of cannabis is a first-degree misdemeanor under Florida Statute 893.13(6)(b). The maximum is one year in jail under Florida Statute 775.082(4)(a) and a $1,000 fine under Florida Statute 775.083(1)(d). In practice a drug possession charge at this level often resolves with probation, drug counseling or a treatment program rather than jail.

More than 20 grams is a third-degree felony under Florida Statute 893.13(6)(a), carrying up to five years in prison and a $5,000 fine. Selling cannabis is also a third-degree felony, under Florida Statute 893.13(1)(a)2. If police officers arrest you for selling within 1,000 feet of a school or child care facility between 6 a.m. and midnight, or at any hour within 1,000 feet of a state, county or municipal park, a community center or a publicly owned recreational facility, Florida Statute 893.13(1)(c)2. raises it to a second-degree felony. Florida Statute 893.13(1)(d)2. does the same for a sale within 1,000 feet of a college or university. Both carry up to fifteen years. Above 25 pounds, or 300 or more plants, the charge becomes trafficking in cannabis under Florida Statute 893.135(1)(a), a first-degree felony with a mandatory minimum of three years in prison and a $25,000 fine.

As you can see, there are many nuances that determine the severity and possible consequences that accompany a criminal charge for the possession or sale of marijuana in Florida. For this reason, you need an experienced drug crime lawyer to defend you in court. While the answer to the question "is marijuana legal in Florida?" is no, there are many determining factors that impact what your possible sentencing may be. A criminal defense attorney on your side, working to protect your rights, is how those factors get argued in your favor.

Medicinal Marijuana Laws in Florida

Florida voters approved Amendment 2 in November 2016. It was a constitutional amendment, not a bill, and it now sits at Article X, Section 29 of the Florida Constitution. The Legislature filled in the details at Florida Statute 381.986, which sets who qualifies, who may certify them, and where they may buy.

Requirements for Receiving Medicinal Marijuana

In Florida, to be eligible for a medical marijuana card, one must have a qualifying medical condition. These include a variety of chronic and serious health issues such as cancer, epilepsy, glaucoma, HIV/AIDS, Parkinson's disease, and multiple sclerosis, for example.

The law does state that certified doctors may recommend medicinal marijuana as a course of treatment to help manage symptoms in patients with other chronic diseases as long as they are deemed "debilitating" and "of the same kind or class" as the specific diagnoses noted by the law.

The next phase involves consulting with a certified physician who can assess whether medical marijuana is an appropriate treatment for your condition. If the physician agrees, they will register you in the Florida Medical Marijuana Use Registry, which is a mandatory step before you can proceed with the application for a medical marijuana card.

Once registered, you must apply for the medical marijuana card through the Florida Department of Health. This involves submitting an application along with required documentation, such as proof of residency, identification, and a recent photo, as well as paying any applicable fees. After your application is reviewed and approved, you will receive your medical marijuana card, allowing you to legally buy and use medical marijuana from licensed dispensaries in the state.

Florida Statute 381.986(2) lists the qualifying conditions:

• Cancer
• Epilepsy
• Glaucoma
• Positive status for human immunodeficiency virus
• Acquired immune deficiency syndrome
• Post-traumatic stress disorder
• Amyotrophic lateral sclerosis
• Crohn's disease
• Parkinson's disease
• Multiple sclerosis
• Chronic nonmalignant pain
• A terminal condition diagnosed by a physician other than the one issuing the certification
• A medical condition of the same kind or class as, or comparable to, those listed above

Purchasing Medical Marijuana in Florida

Having a registration to receive medical marijuana in the state of Florida does not mean that you can purchase cannabis anywhere. It is still illegal to buy marijuana off the street, or from any party or organization that is not licensed through the state. Even with a medical marijuana license, you can face charges if law enforcement finds you buying the drug through illicit means. You must purchase your medicinal marijuana at a state dispensary.

Florida also caps how much you may buy and in what form. Florida Statute 381.986(8)(b) limits a treatment center to one 35-day supply of marijuana in a form for smoking per patient, and that supply may not exceed 2.5 ounces unless the Department of Health approves an exception. Beyond smokable flower, dispensaries sell edibles containing THC, along with tinctures, oils and extracts.

What to Do If Law Enforcement Stops You

In addition to the strict laws that outline appropriate medical conditions for which to receive medicinal marijuana, where you may purchase the substance, how much you can purchase and how often, as well as the forms you may buy, there are also laws in the state that govern the legal proof you must have to avoid arrest if law enforcement stops you while you are in possession of the drug.

If a police officer stops you while you are in possession of medicinal marijuana, you must be able to provide them with two things in order to avoid arrest. The first item you will need to show law enforcement is your state-issued medicinal marijuana registration card. Next, you must also be able to show them proof that the items in question were purchased at a state-approved dispensary. Without both of these things, law enforcement may arrest you, leading to a complicated legal process proving your innocence.

If you are facing charges for having medicinal marijuana without proper documentation, do not assume that the problem will simply resolve itself in court. You need a drug defense attorney who will help gather all of the evidence substantiating your innocence.

How to Defend against Marijuana Charges

Whether you are facing charges for having illegal recreational marijuana in the state of Florida or not having the proper documentation of your medicinal marijuana, it is imperative that you hire a criminal defense attorney to represent you immediately. There are defenses available to you, and you may be able to have your charges significantly reduced or dismissed entirely. However, you need the proper legal assistance and an attorney with experience navigating the system.

Establishing Possession

The State has to prove beyond a reasonable doubt that you possessed the cannabis. That means you knew the substance was there, you knew what it was, and you had the ability to control it. You do not have to own it, and the State does not have to prove you knew possession was against the law.

For example, you may borrow a friend's car for an errand and never know they left cannabis in the glove box. Being near a drug is not the same as possessing it. The limit on that argument is Brown v. State, 428 So. 2d 250 (Fla. 1983), which holds that where a vehicle or room is jointly occupied and the contraband is in plain view in the presence of the occupants, that is enough to reach each of them. The argument works best when the drugs were out of sight, and it is worth knowing that before relying on it.

Proving Medicinal Legality

If you are facing charges, you may be wondering, "Is marijuana legal in Florida? I have my medical registration." Not having the documents on you at the stop is a common reason registered patients get arrested anyway. A defense attorney gathers the registry entry showing your physician certification and the dispensary receipt showing where the product came from. Produced to the prosecutor early, those two documents often end the case before it reaches a courtroom.

Pre-Trial Intervention Programs

In the state of Florida, an experienced criminal defense attorney may be able to negotiate a deal with the prosecutor's office, where they offer you the opportunity to enter a pre-trial intervention program. A pre-trial intervention program provides you with the ability to avoid a conviction as long as you follow the terms set forth by the judge.

In a pre-trial intervention program, you may have to complete drug counseling, participate in community service, pass random drug tests, and more. Completing the program does not clear anything by itself. Under Florida Statute 948.08(5)(c) the program administrator recommends dismissal of the charge without prejudice and the state attorney makes the final decision. The arrest still sits on your public record after that dismissal, until you separately petition to have it expunged under Florida Statute 943.0585.

Pleading Guilty to a Lesser Charge

Additionally, an experienced defense attorney may be able to arrange a plea deal with the prosecutor's office where you can plead guilty to a lesser charge. If you are facing felony marijuana charges, this is especially important, as having your charge reduced to a misdemeanor has many benefits. A felony conviction will follow you around for the rest of your life. Employers may refuse to hire you, and landlords may refuse to rent a home to you upon seeing a felony conviction on a background check. Only a well-versed defense attorney will know how to negotiate a plea deal with the prosecutor in a way that will benefit you. The best window usually closes early, before the State files a formal charging document, so call a lawyer in the first days after an arrest rather than waiting for the first court date.

Schedule Your Free Consultation

If you are facing criminal charges for marijuana, contact Weinstein Legal Team right away and ask for attorney Matt Shafran. Mr. Shafran has tried criminal cases in Florida courtrooms for years and previously worked as a prosecutor. Every case turns on its own facts, and no attorney can promise you a result. It is important not to lose hope if you are facing charges. You do not have to face the courts alone. Criminal Defense Attorney in Florida, Mr. Shafran, will work diligently to build a case in your defense, doing everything in his power to help you avoid a conviction.

Call Weinstein Legal Team today for a free case evaluation with no obligation. Our phones are available 24 hours a day, 365 days a year, and there will never be a time when your call goes unanswered. Call 954-845-0505 and ask for criminal defense attorney Matt Shafran to begin fighting your case.