Can You Be Arrested for Marijuana Possession if You Have a Florida Medical Marijuana Card?
In Florida, patients are allowed to legally use marijuana for specific medical conditions, such as cancer, PTSD, epilepsy, and other ailments for treatment. This is done through a state-issued medical marijuana card. However, many people assume that once they have this card, they are completely free from legal trouble. This is, however, far from the truth. In this article, we’ll discuss the medical marijuana laws in Florida so that you are aware of your limitations even if you have a medical marijuana card.
Understanding Florida’s Medical Marijuana Laws
In 2017, Florida passed Senate Bill 8-A, known as the Medical Use of Marijuana Act. This law enables the use of medical marijuana in the state. To qualify, a Florida resident must be diagnosed with a qualifying condition by a licensed physician. Once approved, the physician sends a recommendation to the Florida Department of Health’s Office of Medical Marijuana Use (OMMU). From there, you create an online account, pay the stipulated fee, and get added to the state’s registry. Thereafter, you receive your medical marijuana card, allowing you to purchase cannabis from licensed dispensaries called Medical Marijuana Treatment Centers (MMTCs).
Now, this is where the confusion begins. Some people think that once you have a card, you cannot be arrested for marijuana possession. However, you still need to follow strict laws on possession and use, and violating the rules can land you in legal trouble. The following are the laws around medical marijuana use in Florida:
- You cannot use cannabis in public: High-THC marijuana products must only be used in private places. Using them in public areas or even on public transportation is illegal.
- All marijuana in your possession must come from a licensed dispensary: If you buy marijuana on the street, it is considered illegal, even if you are a registered medical user.
- You must carry marijuana in its original packaging: This means that the marijuana should have a label affixed to the packaging displaying:
- Dosage and administration
- Clinical pharmacology
- Warnings and precautions
- Indications and use
- Dosage forms and strength
- Warnings and precautions
- Adverse reactions
- Growing marijuana at home is illegal: Even if the marijuana is for medical use, you are prohibited from growing it at home. If you’re caught cultivating marijuana, you could face serious criminal charges, including drug trafficking, depending on the quantity.
- There is a strict limit on possession: Florida law allows up to 2.5 ounces of cannabis every 35 days. If you’re caught with more than that, even if it came from a legal source, you could still be charged with illegal possession.
It’s also worth noting that if you are caught with marijuana in your car and you fail to produce a valid medical marijuana card, this may be considered a violation, leading to a second-degree misdemeanor. However, despite the charge, you cannot be convicted if you can show proof that you had a valid Florida medical marijuana card at the time you were charged. You must also obtain medical marijuana from a Florida-licensed dispensary, as medical marijuana cards from other states are unacceptable in Florida.
Have you been arrested for Marijuana possession in Florida?
If you are facing a marijuana possession charge in Florida, contact our experienced Orlando marijuana possession lawyer at Joshi Law Firm, PA, today to understand your rights and protect your freedom.
Source:
norml.org/laws/medical-laws/florida-medical-marijuana-law/
