A majority of Floridians approved the medical use of marijuana and the new statute allows the medical use of marijuana by a qualifying patient or caregiver and they are NOT subject to criminal or civil liability under Florida law.  Recreational use of the drug is not allowed, but individuals with certain conditions like glaucoma, PTSD, ALS, Parkinson’s, AIDS, and others may seek a licensed physician who can prescribe marijuana for the symptoms.

If we look at other states that have legalized medical marijuana, it is certain that there will be an increase in cases where individuals are charged with possession of marijuana and claim a full defense to the charges based on their status as a patient or caregiver. These cases will be heavily litigated as the laws are tweaked to handle the multitude of individual circumstances that will be encountered by law enforcement. A few questions that will need to be addressed: how will Florida handle patients operating motor vehicles? What happens if the patient or caregiver violate handling and storage rules? Is there a retroactive defense if the accused would otherwise have been eligible for medical marijuana? At what stage in the approval process will criminal immunity be granted?  

Floridians need to be aware of the fact that marijuana is still illegal at the Federal level and the Trump administration through Attorney General Jeff Sessions has indicated a desire to crack down on states that have legalized the drug. It is still not clear if the federal government will raid dispensaries or crack down on medical marijuana patients. There have been such raids in other states that have legalized the medical use of marijuana.

If you or a family member are eligible for medical marijuana, or currently have a prescription for the drug, you may need to seek counsel of an experienced criminal defense attorney to make sure your rights are protected. Attorney Adam Pollack is a Board Certified Criminal Defense Trial Attorney and can answer all of your questions or defend you vigorously if you have been charged with a crime for possession of marijuana.

Call Attorney Adam Pollack today for a FREE medical marijuana consultation at (407) 834-5297