Florida's Medical Marijuana Laws & Drug Cases

Florida is one of 38 states, 3 U.S. territories, and the District of Columbia that has enacted laws permitting the medicinal use of cannabis. But each state has its own set of laws regulating the manner in which marijuana is cultivated, stored, packaged, sold, possessed, and consumed. With so many different laws in effect throughout the United States, Floridians need to understand the marijuana laws in the State of Florida.

One of the most important points to remember regarding medical marijuana laws in Florida is that marijuana is still classified as a Schedule I controlled substance under both Florida and U.S. federal law. Schedule I drugs are defined as drugs with a high probability of addiction and little or no medicinal value.

While the coexistence of laws “legalizing” medical marijuana and declaring it to have no medicinal value is an undeniable contradiction, marijuana users must be conscious of potential prosecution unless they remain within the legal guardrails.

Can Someone with a Florida Medical Marijuana Card Still Be Charged with Illegal Possession?

The answer to this question is “yes” unless the medical marijuana cardholder follows the strict guidelines set regulating the use of medicinal cannabis in the State of Florida.

It remains illegal for a person holding a lawfully issued medical marijuana card to engage in cannabis-related transactions unless they are conducted with a state-licensed cannabis dispensary.

Every aspect of an authorized cardholder’s possession and use of marijuana is strictly provided for under the Florida statute legalizing the substance for medicinal purposes.

The following conduct will still open a certified medical marijuana cardholder up to criminal prosecution:

#1. Purchasing cannabis from any source other than a state-licensed marijuana dispensary,

#2. Possessing the legally purchased marijuana in a container other than its original labeled packaging outside one’s home,

#3. Sharing legally purchased marijuana with another person, even if the other person also holds a Florida medical marijuana user’s card,

#4. Using medical marijuana in a public place; high-THC cannabis may not be used in the following locations:

Any public transportation
Any public place (indoors or outside)
In any state correctional institution,
In or on the grounds of any preschool, primary school, or secondary school,
On any school bus,
In any vehicle, neither as a driver nor as a passenger.
Carrying cannabis purchased out of state into Florida, even if purchased at a dispensary.
Taking medical marijuana purchased at a Florida dispensary out of state.

(Low-THC substances, like CBD, may be consumed in some locations.)

No Marijuana Cultivation Allowed in Florida

Unlike many other states, Florida law does not allow any medical marijuana cardholder to grow their own marijuana. Some states not only regulate the amount of harvested cannabis a person may possess but also permit such consumers to possess a limited number of cannabis plants. Not so in Florida.

Cultivating marijuana in Florida carries strict penalties.

Possessing fewer than 25 cannabis plants is a 3rd-Degree Felony punishable by up to 5 years in state prison and a $5,000 fine.
Possessing more than 25 marijuana plants but less than 300 carries a 15-year prison sentence and a $15,000 fine.

Illegal Possession of Marijuana with a Medical Marijuana Card in Florida

The fact that someone holds a lawful medical marijuana card is no defense against Florida drug possession charges if they exceed the amount of cannabis permitted under the law or obtain the cannabis from an unauthorized source.

Even possessing less than one ounce of recreational marijuana, only 20 grams, is a criminal misdemeanor carrying up to one year in jail and a $1,000 fine. This is true even though a certified medical marijuana card permits the holder to purchase up to 2.5 ounces from a state-licensed cannabis dispensary.

Possessing more than 20 grams but less than 25 pounds is punishable as a 3rd-Degree Felony with a maximum sentence of 5 years in state prison and a $5,000 fine. Remember, this penalty could be imposed even for possessing as little as 22 to 27 grams of cannabis, again, less than one ounce.

Defending Florida Marijuana and Other Drug Charges

Whether you hold a legally issued Florida medical marijuana card or you don’t, you should contact an experienced criminal defense lawyer immediately if you are arrested and charged with violating Florida’s drug crime laws.

Prosecutors are required to prove every element of the crime charged by admissible evidence proving guilt beyond a reasonable doubt. The criminal defense lawyers at the Stechschulte Nell Law Firm in Tampa have represented thousands of clients over many years, many of whom were charged with possessing, manufacturing, distributing, or trafficking illegal drugs.

But skilled criminal defense attorneys who possess an expansive knowledge of the law and have mastered the art of courtroom advocacy enjoy a higher degree of success representing clients facing potential prison terms if convicted.

Florida Marijuana Defense

Stechschulte Nell, Attorneys at Law have devoted their professional lives to preserving their clients’ liberty and protecting them from police and prosecution overreach.

With a thorough review of the facts of your case, our attorneys will identify grounds on which to fight your charges in the manner most likely to produce a favorable outcome.

Was the police search conducted with or without a warrant?
Was there probable cause for the search or the arrest?
Were the client’s constitutional rights violated in the collection of evidence?
Are the witnesses reliable, credible, and without personal bias?
Do the defendant’s character and personal life circumstances mitigate any culpability?