As the legalization of marijuana continues to gain momentum across the United States, Florida has followed suit in allowing for medical marijuana use. However, understanding the state’s laws regarding cannabis can be confusing and overwhelming. That’s why it’s crucial to seek guidance from experienced defense attorneys like Stechschulte Nell Law if charged with a marijuana-related crime.
Here, our experienced drug defense attorneys outline what you need to know.
Is Marijuana Legal in Florida?
Marijuana legalization has been a controversial topic in the United States for quite some time. The issue is a complicated one with different states having varying laws on marijuana usage. Florida is no exception, and it’s natural for many to ask whether marijuana use is legal in this state.
Medical marijuana is legal in Florida, but recreational use, growing, and selling the substance remains illegal.
In 2016, the state approved the Medical Marijuana Legalization Initiative, which legalized medical marijuana for patients suffering from qualifying conditions such as:
- Cancer
- Epilepsy
- Glaucoma
- HIV/AIDS
- Crohn’s disease
- Parkinson’s disease
- Multiple Sclerosis
- And more
It’s important to note that medical marijuana can only be prescribed by licensed physicians who have completed the required training and registered with the Florida Department of Health’s Office of Medical Marijuana Use (OMMU).
However, even those with a legitimate prescription are not allowed to grow or sell marijuana themselves, and breaking these laws can result in serious consequences.
Is Marijuana Decriminalized in the State of Florida?
Beginning in 2015, some counties and municipalities across Florida have implemented a new policy for dealing with the possession of small amounts of marijuana.
Rather than being arrested and taken to jail, individuals found with less than 20 grams of the drug are issued a civil citation.
This means that they are not charged with a crime; instead, they must pay a fine or participate in community service.
Currently, there are over 25 counties and municipalities throughout Florida that have adopted this policy including:
- Miami-Dade County
- Broward County
- Palm Beach County
- Tampa
- Orlando
- Miami Beach
- Hallandale Beach
- Key West
- West Palm Beach
- Volusia County
- Osceola County
- Alachua County
- Port Richey
- Cocoa Beach
- Sarasota
As for the state as a whole, possession of less than 20 grams of marijuana is currently considered a misdemeanor offense punishable by up to one year in jail and a $1,000 fine.
There have been efforts by activists and lawmakers to push for statewide decriminalization or even legalization, but as of now, marijuana remains illegal under Florida law.
Florida Marijuana Penalties
In Florida, possession of marijuana is a serious offense.
- Less than 20 grams of marijuana, is considered a first-degree misdemeanor and can result in up to one year in jail and a fine of $1,000.
- More than 20 grams, becomes a felony charge with much harsher consequences.
The penalties for possessing over 20 grams of marijuana vary depending on the amount found in your possession.
- Possessing between 20-25 pounds could result in up to five years in prison and a fine of $5,000. If the amount exceeds this threshold, the penalties become even more severe. For example, possessing over 2,000 pounds could lead to life imprisonment without parole.
It’s important to note that these penalties apply not only to possession but also selling or distributing marijuana.
Sale of Marijuana
Individuals caught selling marijuana can face drug trafficking charges, which carry severe consequences.
Under Florida law, anyone found with more than 25 pounds of marijuana will be charged with drug trafficking. This charge applies regardless of whether the individual was selling or distributing the substance.
Drug trafficking is considered a first-degree felony and carries a minimum prison sentence of three years and up to life imprisonment, depending on the amount of marijuana involved.
Moreover, individuals convicted of drug trafficking can also face hefty fines ranging from $25,000 to $500,000. These fines are in addition to the prison sentence imposed by the court.
Hash or Concentrates
THC concentrates include hash oil, wax, and shatter which are much more potent than traditional marijuana and can be found in vape pens or edibles.
Even if these products were obtained legally from licensed dispensaries in states where marijuana has been legalized for medicinal or recreational use – possessing them outside those state borders could still result in felony charges.
The possession of hash, a type of marijuana concentrate, is considered a felony due to its high concentration of THC.
Tetrahydrocannabinol or THC is the psychoactive compound responsible for the “high” that users experience when using marijuana.
If caught with even a small amount of hash, you could face up to five years in jail and fines of up to $5,000 upon conviction. This harsh penalty is due to the classification of hash as a Schedule I drug under federal law.
Note: Those who are caught possessing or distributing THC oil, edibles, wax, or shatter could face serious criminal charges that could impact their lives permanently.
Read More > Types of Marijuana Charges
Call an Experienced Drug Defense Attorney
Facing marijuana charges in Tampa Bay can be a daunting experience. However, with the right legal representation, you can navigate through the complexities of the criminal justice system and achieve a favorable outcome.
At Stechschulte Nell, we understand that every case is unique and requires a customized approach. Our experienced drug defense attorneys are ready to fight for your rights and protect your freedom.
Don’t wait until it’s too late; contact us today for a case review and let us help you mount an effective defense strategy. Remember, we are on your side and are ready to represent you.
