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Articles Posted in Medical Marijuana

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You may wonder if you can still be arrested for possession of marijuana, even if you have your Florida medical marijuana identification card. The answer is yes. The following article will discuss and interpret the medical marijuana laws in Florida to guide you so you are aware of the limitations.

In 2017, the Florida Legislature passed Senate Bill 8A, otherwise known as the Medical Use of Marijuana Act. Under Senate Bill 8A, residents of Florida may qualify for the use of medical marijuana if they have been diagnosed with a qualifying condition, such as cancer, PTSD, Epilepsy, etc., by a certified physician.  Upon approval, the physician will send a recommendation to the Florida Department of Health’s Office of Medical Marijuana Use for you to be granted approval to use medical marijuana for treatment. If approved, you will set up a Medical Marijuana Use account, pay a small fee, and you will be added to the Medical Marijuana Use registry and issued a license. Only state-licensed Medical Marijuana Centers, also called dispensaries, are legally allowed to distribute marijuana.

Here lies the misunderstanding where people think it’s smooth sailing from here. In Florida, you are allowed to use medical marijuana if you comply with the following regulations:

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Voters in Florida recently passed an amendment to the Florida Constitution, known as the Florida Medical Marijuana Legalization Initiative, legalizing medical marijuana within the state. Medical marijuana is no different in substance from traditional marijuana, it is merely used for medicinal treatment purposes while under the care of a health professional. Advocates in favor of the legalization of medical marijuana believe it can relieve the symptoms and pain associated with a wide range of medical conditions. Despite this recent change in Florida Law, the possession, sale, and trafficking of marijuana for purposes not within the medical exception remains illegal.

If an individual is stopped by law enforcement for a traffic violation while in possession of marijuana and explains he has it because he’s sick or has a condition he feels marijuana provides therapeutic benefits for, can he face criminal liability? Yes.
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