FREE CONSULTATION | 24 hours a day, 7 days a week
Need Help? Contact Us Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Send Us an Email Subscribe to This Blog's Feed FindLaw Network
Office Location

Law Firm of Scott T. Moorey
1430 Royal Palm Square Boulevard,
Suite 101, Fort Myers, FL 33919
Phone: 239-603-6312
Toll Free: 888-821-9168
Fax: 239-275-6507

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only.

BBB Accredited business Click for Review

Florida marijuana laws explained

Florida voters approved the legalization of medical marijuana on November 8, 2016. Since then, many Florida residents have had questions about the law. Many misconceptions exist about the limitations and regulations associated with marijuana use. It is important to realize that any recreational use of marijuana remains illegal. Here is a guide to the new medical marijuana law and criminal offenses that still exist.

Eligible conditions

The constitutional amendment that was approved by Florida voters is known as Amendment 2. This amendment legalizes limited access to medical marijuana for certain patients with specific medical conditions, approval from a licensed physician and valid identification. Licensed physicians are able to prescribe the drug to patients with the following illnesses:

  • Cancer
  • Multiple sclerosis
  • PTSD
  • Glaucoma
  • Epilepsy
  • HIV
  • AIDS
  • Parkinson's disease
  • Crohn's disease
  • ALS

A physician may also prescribe medical marijuana to patients with comparable debilitating medical conditions.

Patient requirements

Along with having a qualifying condition, a patient must have the following requirements to be prescribed the drug:

  • Florida residency
  • Registration with the Compassionate Use Registry
  • Other unsuccessful treatments

Even when patients fully qualify for a prescription, they will not receive medical marijuana for another three months.

Penalties for possession

Unless you have met the strict requirements and have been approved by a physician, it is unlawful for you to possess or use marijuana in any matter. Possessing small amounts (under 20 grams) is a first-degree misdemeanor with maximum penalties of a $1,000 fine and one-year incarceration period. Your license may be suspended. Penalties increase if you are caught with larger amounts. Take note of the fact that you do not have to necessarily sell or distribute marijuana to be charged with trafficking. You can be charged for trafficking marijuana if you possess over 25 pounds of the drug. This equates to a first degree felony with mandatory incarceration of three years and $25,000 fine.

With multiple states changing their marijuana laws, it is important for you to know exactly what is legal in Florida. Do not confuse the legalization of medical marijuana with strict requirements with relaxed laws on recreational use. If you are not careful, you could face expensive fines and long incarceration periods. Dealing with a misdemeanor or felony drug charge is a costly and difficult process. If you have been charged with any type of drug crime, consider consulting a criminal defense attorney for advice regarding your case.

No Comments

Leave a comment
Comment Information
Visit Us On