Where is Marijuana Legal in Florida?

Nowhere, but it’s complicated. As outlined below, any kind of possession of marijuana is illegal under federal law. Most marijuana possession is illegal under state law. A few municipalities have decriminalized marijuana possession to a certain extent. Decriminalization usually means allowing possession of a small quantity of recreational marijuana or reducing these charges to the level of a traffic ticket. So, the criminal penalty for possession, if any, usually depends on the agency that issued the citation or made the arrest.

Despite evidence to the contrary, many law enforcement agencies still believe marijuana is a “gateway” drug with no medicinal value. Today Johnny is smoking marijuana and tomorrow he’s smoking crack. Marijuana may relieve the symptoms of anxiety, depression, and other such illnesses, but watching Netflix often has the same effect.

To blunt this aggressive enforcement, a Tampa criminal defense lawyer must be equally aggressive. Police officers make many marijuana arrests because they believe the charges are easy to prove in court and the defendants will roll over and play dead. Reality is different. Possession charges are difficult to prove in court, and a good Tampa criminal defense lawyer never raises the white flag of surrender, even during pretrial settlement negotiations.

Federal Law

Possession of any amount of marijuana, even a trace amount of usable marijuana residue, is a misdemeanor under federal law that’s punishable by one year in jail and a $1,000 fine. The punishment ramps up for subsequent offenses. In federal, state, and municipal court, criminal possession has three elements:

• Close Proximity: This possession element is the one straightforward element, because “close” is a relative term. For example, in a vehicle, an item in a pickup bed or car trunk is in close proximity to a person in the front seat of that vehicle.
• Actual Knowledge: Let’s stay with the vehicle example. If officers find marijuana in a glove box, the arrested person must know the marijuana was in the glove box. Usually, the suspect must admit s/he knew about the marijuana. This admission must pass muster under the Fifth Amendment.
• Exclusive Control: If a half-dozen people are passing a joint in a parking lot, police officers will most likely arrest all six individuals. But possession charges will only hold up in court against the person who was holding the joint at the time.

The penalties for trafficking are significantly higher. Federal prosecutors, like state and municipal prosecutors, enhance possession charges to trafficking charges as frequently as possible.

State Law

The same possession rules apply in state court marijuana possession matters. However, POM (possession of marijuana) is limited in the Sunshine State, because Florida has a broad medical marijuana law. It allows personal possession for medical purposes.

Usually, an approved doctor must prescribe medical marijuana and the patient must buy it at an approved dispensary. Not all doctors and dispensaries are on the nice list, mostly because the state suspended their license for some reason. Other doctors and dispensaries were never on the nice list to begin with.

Local Law

In March 2016, the Tampa city council approved a plan to allow civil citations to be issued for possession of up to 20 grams (¾ oz) of cannabis. The penalty is $75 for a first offense, $150 for a second, and $300 for a third. Other municipal decriminalization include Miami-Dade County, Broward County, Palm Beach County, Osceola County, Cocoa Beach and Sarasota.

If Tampa Tim possesses medical marijuana and the FBI arrests him, he faces federal charges. The purpose is irrelevant. If FHP troopers arrest him, the charges won’t hold up in court if he had a valid prescription and the marijuana was from an approved dispensary. If Tampa police arrest him, he must pay a $75 fine or hire a Tampa criminal defense lawyer and fight the charges.

Speak with a Diligent Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters in Pinellas County and nearby jurisdictions.

Source:

justice.gov/pardon/presidential-proclamation-marijuana-possession