On November 8th, 2016, Florida voters approved a constitutional amendment which legalizes the use of marijuana for medicinal purposes beyond a previous law that limited such use exclusively to low-THC cannabis for certain patients. Amendment 2 legalizes access to medical marijuana for patients with debilitating medical conditions, a physician’s certification, and a valid ID card.
Which Patients are Now Covered by Amendment 2?
In 2014, the Florida Legislature approved the use of low-THC and non-smoked cannabis for patients who have cancer, epilepsy, chronic muscle spasms, and chronic seizures. It was then expanded last year – under the Right to Try Act – to include patients suffering from terminal conditions, allowing them to use higher-grade strains.
Under Amendment 2, a person may possess and use marijuana if he or she is doing so to treat a “debilitating medical condition,” such as the following:
- Positive status for human immunodeficiency virus (HIV)
- Acquired immune deficiency syndrome (AIDS)
- Amyotrophic lateral sclerosis (ALS)
- Post-traumatic stress disorder (PTSD)
- Multiple sclerosis
- Crohn’s disease
- Parkinson’s disease
What are the Penalties for Possession of Marijuana in Florida?
If you are arrested and charged with illegal possession of marijuana, the charges you face depend on the amount of marijuana in your possession and your intended use. Being in possession of 20 grams of marijuana or less is considered a first-degree misdemeanor, which is punishable by a maximum jail sentence of one year and fines of up to $1,000. Being in possession of over 20 grams and up to 25 pounds results in a maximum jail sentence of five years and fines of up to $5,000.
If you have been arrested for marijuana possession in Florida, contact The Law Office of Kevin F. Moot and schedule a consultation with our Weston criminal defense lawyer today.