Florida Marijuana Laws
It is important to know your rights when it comes to Florida Marijuana Laws. In the United States today, times are tough. The gas prices are high, the news is hectic, and work can be stressful.
Let’s say you finally get home after a stressful day at the office and light up some of your medical marijuana on your back porch to ease your anxiety. Twenty minutes go by and a you see a police car pull up to your house and knock on your front door. The officer reveals that your next-door neighbor called complaining of a marijuana odor and that he’d like to ask you a few questions. Without hesitation you answer his questions and show him your medical marijuana card and just like that – you’re in the clear. You have no legal issues, just annoyance about who lives next to you.
What If You Don’t Have A Medical Marijuana License
If you have found yourself in a comparable situation but did not have a medical marijuana card, your story probably did not have a similar ending.
In the sunshine state of Florida, recreational use of marijuana is not legal. However, Florida residents may attain a medical marijuana card. In order to be approved for a medical marijuana card, Florida residents must follow the next steps: prove their residence using a driver’s license or some other photo identification, seek a signed physician’s statement from a doctor registered with the state of Florida’s Medical Marijuana Use Registry who also has a medical marijuana license, remain a patient of said doctor for at least three months, and then apply for the medical marijuana card.
If the office of Medical Marijuana Use responds that you have been approved, then you are free to go to any state approved dispensary and light up at home whenever those stressful days at work occur. Without access to a medical marijuana card, you cannot legally obtain marijuana in the state of Florida. It is also important to note that the public records exemption for your personal identifying information relating to medical marijuana is held by the department. Without a medical card, it is unlawful for anyone to use, or to possess with intent to use, drug paraphernalia. If someone 18 years or older purchases and delivers drug paraphernalia to a person under the age of 18, they are guilty of a felony of the second degree.
Florida Marijuana Laws and Punishment
When it comes to the nitty gritty, if you are found with marijuana, the amount makes a big difference when it comes to your punishment. According to Florida statutes, possession of twenty grams or less of cannabis/marijuana is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000.
If a person if found with any more than twenty grams if cannabis/marijuana, they are guilty of a felony punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000. That one additional gram can be the deciding factor of how long you are away from your friends and family. Not to mention, different variations of THC can affect your punishment too.
If you are found possessing hashish or other THC concentrates, you are guilty of a felony and subject to five years in prison and a max fine of $5,000. Additional charges can be added if a person is found selling, manufacturing, delivering, or possessing with intent to sell cannabis within one thousand feet of a church, any postsecondary educational institution, or assisted living facility.
Hemp and CBD
While marijuana and cannabis are unlawful in the state of Florida, Hemp and CBD are legal under a particular set of rules.
When it comes to purchasing and using Hemp products, as long as you are twenty-one, you can purchase any product whether it be edible or meant for inhalation. These products can help you sleep and relax without the same “high” or sensation because all products require 0.3% or less THC concentration.
Hemp extract may be distributed and sold if the product is distributed/ sold in a container that includes a scannable barcode or quick response code linked to the certificate of analysis of the hemp extract batch by an independent testing laboratory, the batch number, the internet address of a website where batch information may be obtained, the expiration date, and the number of milligrams of each marketed cannabinoid per serving. If you had been smoking a Hemp product in the situation after work when the police officer arrived, all you would need to do is state that it is not illegal marijuana and offer a sample to be tested for THC concentration.
If you have ever found yourself involved in a situation you were falsely accused of illegal cannabis use or possession, please do not hesitate to reach out to us at Phillips, Hunt, Walker & Hanna. We will do everything we can to make sure you are heard and not convicted of marijuana charges when you shouldn’t be. Our criminal division can be reached via phone at 904-444-4444 and is located at 212 N Laura St in Jacksonville FL 32202.
This blog post published by Phillips, Hunt, Walker & Hanna is for informational purposes only and is not considered legal advice on any subject matter. For legal advice, please contact a licensed attorney.