Understanding Possession of Marijuana Laws in Florida

More and more states across America have passed legislation legalizing the recreational use of marijuana. However, Florida is not one of these states. While the Sunshine State’s residents can medically use marijuana to overcome their health concerns, possession of recreational marijuana can result in residents facing criminal charges.

Fighter Law and our team of board-certified criminal defense attorneys, such as Attorney Thomas Feiter, understand that it’s not easy to keep up with these ever-changing laws. That’s why our team offers comprehensive educational and representative services to people like you. We can break down the state’s marijuana laws and discuss how you can defend yourself against your charges.

Recreational Use of Marijuana is Still Illegal in the Sunshine State

As of early 2024, Florida has not legalized the recreational use of marijuana, nor has the federal government. This means that parties in Florida caught possessing, using, distributing, or producing marijuana may face criminal consequences for their alleged misconduct.

With this being said, some Florida cities have decriminalized the possession of small amounts of marijuana. Parties caught with a negligible amount of marijuana may face citations for alleged misconduct but may not face an arrest. Because these laws are locally based, it can be challenging to understand how the state prosecutes parties in possession of marijuana as a whole.

Medical Marijuana Usage in Florida

Florida does allow its residents to use marijuana for medical purposes, albeit under certain circumstances. Any party claiming to use medical marijuana must possess a Medical Marijuana Use Authorization. Florida’s statutes go into about the requirements a person must meet to obtain this authorization and how those with authorization may use the marijuana in their possession.

Parties in possession of Medical Marijuana Use Authorization may not distribute their approved goods to other parties, regardless of whether or not the recipient also has a Medical Marijuana Use Authorization.

Requesting a Medical Marijuana Card

The state of Florida only allows parties that meet certain criteria to apply for Medical Marijuana Use Authorization. The conditions that may entitle a person to an authorization may include the following:

  • Acquired Immune Deficiency Syndrome
  • Human Immunodeficiency Virus
  • Glaucoma
  • Epilepsy
  • Post-Traumatic Stress Disorder
  • Crohn’s
  • Parkinson’s
  • Multiple Sclerosis
  • Cancer

If you face accusations of illegal possession of marijuana while maintaining an authorization, let an experienced lawyer know. Our team can challenge law enforcement’s attempt to wrongfully classify your possession.

What to Do If You’re Accused of Illegal Marijuana Possession

If you’re accused of possessing marijuana without a license, possession with the intent to distribute, or possession with the intent to use recreationally, you need legal support. Fortunately, there are Floridian criminal defense attorneys ready to defend you against wrongful accusations. You can meet with Fighter Law’s criminal defense lawyers to discuss your charges as well as your best defenses.

Officers must abide by certain operational standards if they want to submit evidence of alleged marijuana possession to Florida’s criminal courts. Officers who engage in wrongful search and seizure, for example, can see a case thrown out in the face of their misconduct.

You may alternatively argue against the charges brought against you by claiming that your alleged possession was staged, misinterpreted, or invented. Our attorneys can discuss the defenses most applicable to your case when you schedule your first free case evaluation.

Fighter Law Wants to Protect Your Rights 

The laws surrounding the use of marijuana in medical and recreational environments will continue to evolve over the course of the next several years. If you’re struggling to stay on top of marijuana-related legislation and need legal representation, let the team with Fighter Law know. 

We can break down Florida’s marijuana laws and represent your best interests as you fight back against the state’s charges. Reach out to Fighter Law today by calling (407) 344-4837 or by filling out our contact form to book a free defense assessment.


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