Is Marijuana Possession Still Illegal in Florida?
States across the country have been legalizing the recreational possession and use of marijuana, but where does the law stand in Florida? In short, if you are in Tampa or elsewhere in Florida, it remains unlawful to possess even a very small amount of marijuana. No recreational marijuana laws have been passed in Florida, and possession of marijuana or cannabis in any of its forms has not been decriminalized. Accordingly, it remains illegal to possess marijuana in Florida unless you have a valid prescription for medical use, and for the specific amount in your possession. Consider the following information from our Tampa drug defense attorneys.
Unlawful Possession of Cannabis Under Florida Law
Under Section 893.13 of the Florida Statutes, possession of 20 grams or less of cannabis is charged as a misdemeanor of the first degree. Even a first degree misdemeanor can have serious consequences if you are convicted. You can face up to one year in jail and probation, and you can also have your driver’s license revoked.
Possession for purposes of a misdemeanor conviction under this section of the Florida Statutes can include either actual or constructive possession. It does not matter if you legally purchased the cannabis product in another state. You can have a defense to such charges, however, if you have a valid prescription for the cannabis and you had only a lawful amount.
Medical Marijuana and Lawful Possession in Florida
Under Section 381.986 of the Florida Statutes, the medical use of marijuana (and thus possession of it) can be lawful under particular circumstances. In order to be able to lawfully possess medical marijuana, you must have one or more of a specific list of conditions, and you must have a physician certification (essentially, a prescription) for medical marijuana from a qualified physician or medical director, and the medical marijuana must have been obtained from a medical marijuana treatment center.
In other words, you need: 1) to be a qualified patient, 2) with a physician certification from a qualified provider, and 3) obtain any marijuana from a medical marijuana treatment center. To be a qualified patient, you must have a diagnosis of one of the following conditions:
- Cancer;
- Epilepsy;
- Glaucoma;
- Positive status for human immunodeficiency virus (HIV);
- Acquired immune deficiency syndrome (AIDS);
- Posttraumatic stress disorder (PTSD);
- Amyotrophic lateral sclerosis (ALS, or Lou Gehrig’s disease);
- Crohn’s disease;
- Parkinson’s disease;
- Multiple sclerosis;
- Medical conditions of the same kind or class as or comparable to those listed above;
- Terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification; or
- Chronic nonmalignant pain.
Contact Our Tampa Criminal Defense Attorneys Today to Begin Working on a Defense Strategy for Marijuana Possession Charges in Florida
While marijuana possession in limited amounts has become lawful in many states for recreational purposes, that level of possession in Florida remains unlawful. To be clear, marijuana possession in Florida (unless you have a valid prescription for medical marijuana) is unlawful, and it is also unlawful under federal law. Further, possessing larger amounts of marijuana in any location remains unlawful. If you have been arrested or you are already facing charges for marijuana possession, you should seek help from one of the experienced Tampa marijuana possession defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. Contact our firm today to get started on your defense in order to avoid a criminal drug conviction under state or federal law.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/Sections/0381.986.html
