St. Petersburg Attorneys Representing People Charged with Marijuana Crimes
The power to legalize marijuana use rests with the states rather than the federal government. Over the past several years, many states have modified their criminal statutes to allow people to consume marijuana lawfully for medical or recreational purposes. This may cause people to wonder: “Is marijuana use legal in Florida?” While Florida law permits marijuana use for medical purposes, it is still unlawful to consume marijuana recreationally. As such, it is important for people to understand their rights with regard to marijuana use in Florida, especially if they are accused of committing a marijuana-related offense. The skilled St. Petersburg marijuana charge defense attorneys of Hanlon Law are well-versed in the nuances of Florida’s marijuana laws, and if you are charged with a marijuana crime, we can help you seek the best legal result possible under the facts of your case. We regularly defend people charged with drug crimes and other offenses in St. Petersburg and other cities throughout Florida.
Is Marijuana Use Legal in Florida?
Pursuant to Florida law, the only lawful use of marijuana is for medical purposes. In other words, a person must have a qualifying medical disorder, like glaucoma, epilepsy, cancer, chronic malignant pain, or multiple sclerosis, as determined by a medical examination and must be added to the medical marijuana use registry by a qualified physician, in order to use marijuana legally. This means, among other things, it is not legal for a person to use marijuana to treat a medical condition if they have not been added to the registry, regardless of whether they suffer from a qualifying condition.
People permitted to use marijuana for medical purposes must abide by certain rules. Specifically, they cannot use marijuana on school grounds, school vehicles, at work unless permitted by their employer, or in state correctional facilities. The law bars people from using anything other than low-THC cannabis that is not intended for smoking in any public place. Additionally, they cannot use marijuana in a form or dosage not authorized by a physician or distributed by any person or entity other than a medical marijuana treatment center.
What Are My Rights if I am Accused of a Marijuana Crime?
In Florida, the prosecution bears the burden of proving you committed the crime you are charged with beyond a reasonable doubt. In marijuana charge cases, this means that the state needs to show that you possessed marijuana illegally and that you did so knowingly. As such, if the prosecution cannot prove that a defendant had the ability to exercise control over the marijuana allegedly found in their possession or that they knew of its presence, the prosecution may not be able to obtain a guilty verdict.
Typically, marijuana charges arise out of evidence found during police investigations. Although the police cannot stop or search people without a warrant, there are some exceptions. For example, they can conduct a search if they have reasonable suspicion that a crime is being committed. If a search was not conducted lawfully, any evidence obtained during the search might be inadmissible. What constitutes grounds for reasonable suspicion varies, but the Florida courts have routinely held that the scent of marijuana is a sufficient reason to search a vehicle. While defense attorneys have challenged this standard, it is currently the law throughout the state.
The police can also access the medical marijuana use registry, which lists all of the individuals authorized to use marijuana for medical purposes in Florida, but only if they are investigating a marijuana crime and the person that they are investigating claims to be a registered medical marijuana patient.
Talk to a Trusted St. Petersburg Criminal Defense Attorney
While some people in Florida are permitted to use marijuana, most are not, and if they are caught with marijuana in their possession, they might be charged with a crime that carries significant penalties. If you are wondering, “is marijuana use legal in Florida?” or you are accused of a marijuana-related crime, it is smart to talk to an attorney as soon as possible.
The trusted St. Petersburg marijuana charge defense attorneys of Hanlon Law are adept at defending people charged with drug crimes, and if you engage our services, we will advocate zealously on your behalf. We have an office in St. Petersburg and additional offices in Tampa, Clearwater, Sarasota, and Bradenton. You can reach us through our online form or by calling us at 727.289.0222 to set up a confidential and free meeting.
