The possession, sale, and consumption of marijuana is a federal crime. A large number of states, however, have decided to legalize the drug to varying degrees within their borders. The State of Florida has legalized marijuana for medical purposes but the legalization is very narrow in scope.
Even if a person is prescribed marijuana by a physician, that person must be careful they follow the law closely or face possible state and federal prosecution.
Lawyer in Broward County Discusses Medical Marijuana
Were you recently arrested for a marijuana crime in South Florida even though you needed it for a medical condition? You must remain silent with authorities until you speak with an experienced defense attorney. Consider contacting Meltzer & Bell as your first step.
Lawrence Meltzer and Steven Bell are experienced criminal defense attorneys in Broward County who defend clients facing cannabis charges in Fort Lauderdale, Coral Springs, Miramar, Pembroke Pines, Plantation, Hollywood, Pompano Beach, Davie, and many others.
Fort Lauderdale criminal defense lawyers Lawrence Meltzer and Steven Bell can fight to possibly get your criminal charges reduced or dismissed. Call (954) 745-7457 to have our attorneys review your case and discuss all of your legal options during a free, confidential consultation.
Broward County Medical Marijuana Information Center
- Medical Marijuana Regulations in Florida
- Illegal Marijuana Possession in Florida
- Florida Medical Marijuana Resources
Medical Marijuana Regulations in Florida
While many regulations are fairly uniform across states, such as blood alcohol concentration limits for DUIs, the age of majority, and the legal drinking age, marijuana regulations vary widely across states. While the majority of states have legalized the drug for medical purposes only, nine of those states allow for recreational use and the differences for what is acceptable usage for medical purposes is very inconsistent from state to state.
In Florida, recreational usage is not tolerated and medical use is limited to certain scenarios and certain types of consumptions. First of all, a qualified physician must be the one to prescribe marijuana. The physician must have their patient listed on the state marijuana use registry and only for a qualifying medical condition. Qualifying medical conditions are limited to the following:
- 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.
- Medical conditions of the same kind or class as or comparable to those enumerated above.
- A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification.
- Chronic nonmalignant pain.
Once you are cleared to purchase marijuana for medical purposes there are very stringent purchase and usage laws that must be followed. First of all, the marijuana must be obtained from a state licensed medical marijuana treatment center. The marijuana cannot be transferred to another person. You cannot smoke the marijuana. Medical marijuana can only be ingested through vaporization, extract, capsule, or topical creams.
There are also limitations on where the drug can be consumed. Medical marijuana cannot be consumed on any form of public transportation, in any public place, in a place of employment, in a prison, a preschool, primary school, or secondary school.
Illegal Marijuana Possession in Florida
If you do not follow the stringent requirements of Florida’s medical marijuana laws you may end up being charged with a controlled substance violation. In Florida if you are in possession of less than 20 grams of marijuana illegally you are facing a first degree misdemeanor. A first degree misdemeanor is punishable by a prison term of up to 1 year and up to a $1,000 fine.
The maximum supply a doctor can prescribe to a patient is three 70 day supplies of marijuana. Depending on the dosage, that amount could well exceed the 20 gram misdemeanor threshold and push a person who is not careful or wrongly accused into felony territory. Possessing more than 20 grams of marijuana is third degree felony with a possible 5 years in prison, 5 years of probation, and up to $5,000 fine.
Florida Medical Marijuana Resources
Florida Department of Health | Office of Medical Marijuana Use — The Office of Medical and implementing the department’s rules for medical marijuana, overseeing the statewide Medical Marijuana Use Registry, and licensing Florida businesses to cultivate, process, and dispense medical marijuana to qualified patients. Get access to the patient registry and locate licensed medical marijuana treatment centers. You can also read recent news and answers to frequently asked questions.
Medical Marijuana Use Registry | Florida Department of Health — The Medical Marijuana Use Registry is an online database for the registration of ordering physicians and qualified patients. The site will give you access to user guides for patients and caregivers, ordering physicians, and law enforcement.
Medical Marijuana Attorney in Broward County, FL
If you were arrested in South Florida for a cannabis offense despite your medical need for marijuana, it is in your best interest to immediately retain legal counsel.
Meltzer & Bell represents individuals in communities all over Palm Beach County, Miami-Dade County, and Broward County, such as Hollywood, Fort Lauderdale, Coral Springs, Miramar, Pembroke Pines, Plantation, Pompano Beach, Davie, and many others.
Broward County criminal defense lawyers Lawrence Meltzer and Steven Bell will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest possible penalties.
Call (561) 557-8686 or submit an online form to have our attorneys provide a complete evaluation of your case during a free initial consultation.