- December 22, 2024
- Drug Crimes Blog | Taracks & Associates
While marijuana is illegal under federal laws, it’s legal in 38 states for medical purposes and 24 states as a recreational drug. Florida is one of the states that endorses medical marijuana. However, it is a crime for individuals to use marijuana recreationally in the state.
Have you been arrested or charged with marijuana-related offenses? If yes, you’re at risk of jail terms, fines, probation, community service, driver’s license suspension for 2 years, and more. It all depends on the quantity of cannabis in question and your unique situation.
In this article, we’ll focus on the various Florida marijuana laws and how they affect your case. This will help you understand the gravity of your situation and help you make well-informed decisions.
What Are the Current Provisions Regarding Recreational Cannabis in Florida?
Understanding 2024 Florida Marijuana Laws
Per Florida Statutes Section 893.13, it’s an offense to sell, manufacture, or deliver cannabis without proper authorization. The penalties prescribed for this crime are categorized according to the amount, as you’ll find below:
Possession of Marijuana under 20 Grams
If you were caught with cannabis of 20 grams or less, you’ll be charged with a first-degree misdemeanor. Consequently, you’ll face a maximum jail term of 1 year imprisonment, supervised probation for 1 year, and a $1,000 maximum fine.
Possession of Drug Paraphernalia
Drug paraphernalia refers to any equipment, accessory, or material used for making or administering a controlled substance such as cannabis. Examples include bongs, pipes, hookahs, and rolling papers. In Florida, possession of drug paraphernalia is a misdemeanor punishable by up to 1 year in prison and a $1,000 fine.
Possession of Marijuana over 20 Grams
Individuals who possess more than 20 grams but below 25 pounds of cannabis are guilty of a third-degree felony. If convicted, they are at risk of up to 5 years in prison and a fine of up to $5,000.
Trafficking Marijuana Laws
By virtue of Section 893.135 of the Florida Statutes, possession of marijuana above 25 pounds or 300 plants is a trafficking offense. If the quantity is below 2,000 pounds, it’s punishable by a mandatory minimum of 3 years’ imprisonment and $25,000 in fines. For possession of quantities between 2,000 pounds to 10,000 pounds, the minimum penalties increase to 7 years’ imprisonment and $50,000 fines. For possession of marijuana above 10,000 pounds, accused persons will face 15 to 30 years of imprisonment and up to a $200,000 fine.
Other penalties for drug-related offenses include random drug testing and driver’s license suspension.
Hemp and CBD Products
The 2018 Farm Bill legalized hemp-derived products containing less than 0.3% THC at the federal level, and Florida has aligned its laws accordingly. CBD products derived from hemp are legal and widely available, provided they meet labeling and testing requirements.
Note: Possession of marijuana can be actual or constructive. Actual possession means that the drug was found on the accused’s person. However, in constructive possession, the marijuana is in a place the defendant controls.
Florida’s Medical Marijuana Laws 2024
Am I Eligible to Use Medical Marijuana?
As mentioned above, Florida endorses the use of marijuana for medical purposes. However, there are conditions and guidelines attached to this provision. For example, Chapter 381 of the Florida Statutes requires individuals to obtain a Medical Marijuana Use Authorization to legally use the substance. Upon obtaining this authorization, they must purchase the cannabis from legal dispensaries.
Furthermore, only specific illnesses will qualify you for authorization. They include cancer, glaucoma, epilepsy, HIV/AIDS, multiple sclerosis, PTSD, Parkinson’s disease, and chronic nonmalignant pain.
Patients with valid MMUR cards can purchase marijuana products from state-licensed Medical Marijuana Treatment Centers (MMTCs). However, restrictions apply:
- Patients may possess up to 2.5 ounces of smokable cannabis within a 35-day period.
- Edibles, oils, and other non-smokable forms are also available, subject to dosing limits.
- Public use of marijuana is prohibited, even for medical purposes.
Florida law does not require employers to accommodate marijuana use, even for medical purposes. Employees can face termination for failing drug tests, regardless of their status as medical marijuana patients.
There are specific circumstances where you may still be arrested for marijuana-related offenses, even with a medical card. These include:
Public Use
Authorized medical marijuana patients cannot use cannabis with high THC in public transportation and other public areas in Florida. Although they can use low-THC marijuana in public places, smoking it is prohibited.
Illegal Purchase
Even if you own a Medical Marijuana Use Authorization, you cannot purchase it from illegal sources. Cannabis found in your possession must have been obtained from a state-licensed dispensary.
No Medical Labels
You must carry and store legally obtained marijuana in its original packaging in Florida. Typically, the original packaging will include details of the dispensary, purchase date, THC and CBD content and strain.
Private Growing
It is illegal to grow cannabis privately in Florida, even if you have been authorized to use marijuana medically. Home growers face a 3rd-degree felony charge punishable by up to 5 years in prison.
Florida marijuana law is broad and cannot be comprehensively exhausted in this article. As such, it’s important to seek extra information from a qualified marijuana defense attorney in Florida.
Contact Our Florida Marijuana Defense Team Now!
Protecting Your Rights and Freedom Are Our Top Priorities
If you’re facing marijuana-related charges in Florida, you need to take your defense seriously. That’s because Florida prosecutes these matters aggressively, and the penalties upon conviction may be severe. Fortunately, our marijuana defense attorneys can work on your case to ensure that you enjoy the best possible outcomes.
At Taracks & Associates law firm, we take pride in the superior criminal defense services we offer. With a former prosecutor on our team, we have insider knowledge of the state’s tactics and will leverage it to your advantage. As effective litigators, we’ll aggressively fight your case in court to protect your rights, freedom, and future.
Set up a free consultation with us by dialing (813)-281-2897 today. Remember that time is of the essence in your defense.