Fort Myers Criminal Law Blog

Many states now embrace the full decriminalization of marijuana. However, some states have not caught onto the trend.

In Florida, parties may still face drug charges for the use of marijuana. It is important to understand a few facts about Florida's drug laws.

On July 1, it became legal in Florida to use CBD and hemp products that contain small amounts of Tetrahydrocannabinol, generally referred to as THC. It is the principal psychoactive constituent of cannabis. The language of the legislation sets the maximum limit of THC at .3 %, but law enforcement has no way to determine the percentage of THC in these products. Until it can be accurately measured, people who committed no crimes might face drug charges.

One such a case involves a man from another state who was a passenger in a car that was traveling home from Miami after showing various hemp products a wellness expo. When their car was pulled over, the man says he had no reason for concern because he knew his products contained CBD but little or no THC. However, deputies tested the products and detected the presence of THC.

When parents in Florida learn that their teenage child is arrested and accused of taking part in criminal activities, they will naturally be concerned. They will likely have questions about the law and the proceedings that will follow. They might find comfort in learning that, when the Florida justice system deals with juvenile crimes, the aim is to rehabilitate instead of punish the children. This is a collaboration between juvenile courts, law enforcement, defense attorneys and prosecutors, along with the Florida Department of Children and Families.

These entities collaborate to devise rehabilitation plans that will help children who have had run-ins with the law to learn from their mistakes. The aim with rehabilitation is to help troubled juveniles to rejoin their communities as productive citizens without having to deal with the harm that they might have suffered if they were incarcerated. Upon arrest, juveniles have similar rights to those of adults, but their parents must be advised and allowed to be present during questioning.

With summer break in full swing, it might be a good idea for students who are spending time in Florida to become familiar with the state's alcohol laws. Being under the influence of alcohol under some circumstances in the Sunshine State might put them on the wrong side of the law. Even working as a server in an establishment that serves alcohol could mean trouble.

Like in other states, the drinking age in Florida is 21. Those who are 18 years old may work as bartenders or servers of alcohol, but if they work in liquor stores, their duties may not include selling or handling alcohol. Generally, holders of liquor licenses are allowed to serve or sell alcohol to anyone age 21 or older, but not from midnight to 7 a.m. However, municipalities and counties may initiate their own rules.