Can I Be Arrested for Drug Possession if I Have a Medical Marijuana Card?
While many states have moved to decriminalize and legalize marijuana for recreational use, Florida is not among them. The state of Florida still classifies marijuana as a schedule 1 substance. Nonetheless, Florida allows patients to legally use marijuana for specific medical conditions, including cancer, anxiety, autoimmune disease, PTSD, epilepsy, glaucoma, multiple sclerosis, and other painful illnesses. However, even if you have a medical marijuana card, there are some instances where you could be arrested for possession even if a doctor has approved you for medical marijuana use. In this article, the Tallahassee drug defense attorneys at Luke Newman, P.A. will discuss marijuana possession and how you might be charged with a crime even if you’re legally authorized to possess marijuana.
Can I still be arrested for drug possession even if I have a medical marijuana card?
The state of Florida still classifies marijuana as a schedule 1 controlled substance. If police officers find marijuana on your person or property, you could face significant penalties if you aren’t following the legal guidelines related to medical marijuana.
Even those with a medical marijuana card must follow state laws concerning how they get and use their medical marijuana. So, an individual with a medical marijuana card could still be arrested for possession of marijuana if you:
- Use cannabis in public – under Florida’s medical marijuana laws, you are prohibited from using high THC medications in public areas or on public transport. This includes medical marijuana. High THC medications can only be consumed in a private residence. However, low THC medications, such as CBD, can legally be used in public.
- Purchase cannabis illegally – you cannot purchase your marijuana from a street dealer. Rather, all marijuana products in your possession must have been obtained through a legal dispensary.
- Carry medical marijuana without a medical label – marijuana products obtained legally must be carried and stored in the original packaging.
- Are growing your own marijuana – While some states allow medical marijuana card holders to grow their own marijuana, Florida is not among them. It is illegal to grow marijuana plants regardless of your medical marijuana cardholder status. Those who are caught growing marijuana can face criminal charges for possession of marijuana plants. They may even face trafficking charges.
What are the penalties for possessing marijuana in Florida?
Under Florida statutes 893.13, possession of 20 grams or less of cannabis is considered a first degree misdemeanor. Those who are charged and convicted with possessing 20 grams or less of marijuana could face penalties of up to one year in jail or probation alongside a $1,000 fine. Those convicted of possessing marijuana can also face a six-month driver’s license suspension, random drug testing, and all the fees incurred to carry out the terms of the sentence.
Talk to a Tallahassee drug possession attorney today
Have you been caught with marijuana in your possession? Then you should call the Tallahassee criminal lawyers at Luke Newman, P.A. today to schedule an appointment, and learn more about how we can help.
