Medical marijuana is legal when prescribed in Florida, but you must have a medical marijuana card on you when in possession of or using the medicine.
However, some officers are often keen to make a drug arrest which can lead to misunderstandings and unlawful arrests.
If you believe you’ve been incorrectly or unlawfully arrested, please contact our St. Petersburg criminal defense lawyers as soon as possible for a swift defense.
Can My Medical Marijuana Card Be Used as a Defense?
The presentation of a medical marijuana card should get you out of any misunderstanding over the possession of the medical version of the drug.
If you are asked to provide a valid medical marijuana card, you must comply. If you don’t, it will be considered a second-degree misdemeanor. You may also be asked to prove that you purchased it from a legally licensed dispensary.
However, please be warned of the limits and laws on the use and possession of marijuana in Florida:
- A medical marijuana card in Florida can only be used for medical use.
- Your card must have been obtained through a legal and licensed dispensary.
- Medical marijuana should be obtained legally only.
- The sale and purchase of medical marijuana from any place other than a licensed distributor is illegal.
Other Medical Marijuana Laws to Know in Florida
- It is only legal to have medical marijuana if it is in a sealed tamper-proof container sold at a legal dispensary.
- It is illegal to buy, possess or use recreational marijuana.
- You or your caregiver must purchase medical marijuana, not anyone else.
- It is illegal to share your medical marijuana, even if they have a medical marijuana card.
Medical Marijuana Quantity Limits in Florida
Although medical marijuana is legal in Florida, there are still limits placed on quantity and the use of it:
- The possession of 20 grams or more
Where Can I Use Medical Marijuana in Florida?
- Florida statute 381.986 states that the use of high-THC medication in public or on transport is illegal.
- If you have high-THC medication obtained with a medical marijuana card, it can only be used in a private residence.
- Low-THC marijuana medication use is legal in public.
- You can possess medical marijuana in public, but you should have your card ready to present to a law enforcement officer.
- It is advised that you avoid using medical marijuana around any federal buildings or locations that receive federal funding such as schools, courthouses or community hospitals.
- You cannot medicate at work unless permitted by your employer and only if you have your medical marijuana card on you.
- You should not take your medical marijuana out of state, even if it is legal in that state. You should buy it there. The same is true in reverse.
Medical Marijuana in a Vehicle in Florida
If a police officer sees you using medical marijuana in Florida, you can bet they’ll ask you to explain yourself.
- It is legal to medicate with low-THC (CBD only) medical marijuana in your vehicle, but;
- It is illegal to use high-THC medicine in your vehicle.
If you have been stopped while using low-THC (CBD) medical marijuana, you should inform the officer you have a medical marijuana card and present it to them when asked.
If they content this and arrest you or a drug possession charge, please contact our Florida drug defense lawyers as your arrest may have been unlawful.
Using Medical Marijuana While on Probation
Usually, you are still permitted to use prescribed medical marijuana if you’re on probation in Florida. But you are also subject to be drug tested by your probation officer at any time. So, you should always confirm with your probation officer before using the medicine to avoid any issues or confusion.
Can Police Search My Vehicle If I Have Medical Marijuana?
Marijuana is still federally illegal and illegal in Florida unless medically prescribed.
If you are pulled over by law enforcement, you must provide a valid medical marijuana card to prove you have the right to possess and use the medicine.
Sadly, police officers still have the right to search a vehicle if they have ‘probable cause’ to search your vehicle. However, if you’re arrested your rights may have been violated and your case could get thrown out with the support of a St. Petersburg criminal defense attorney.
What If The Medical Marijuana Was Not Mine, But I Have a Card?
It is illegal in Florida to possess someone else’s medical marijuana. If you are stopped in this case, you could be arrested and charged with medical marijuana and the illegal possession of someone else’s prescription medication.
However, it is not illegal for someone else to have the medicine on them while riding in your car if they have a valid medical marijuana card.
How to Get a Medical Marijuana Card in Florida:
If you’re suffering from an illness or condition that could be helped with medical marijuana, then you may be able to get a medical marijuana card via Florida’ Medical Cannabis Program.
- Visit a physician certified to recommend medical cannabis.
- Enter your name into Florida’s Medical Marijuana Registry, to get an ID number required to apply for a Registry ID card.
- Complete the online application to apply for your Florida Medical Marijuana Registry ID card.
- You must see your doctor every 210 days.
Drug Possession Defense Attorney in Pinellas County, FL
If you’ve been incorrectly or unlawfully arrested for the possession or use of medical marijuana in St. Petersburg, Florida then please contact our criminal defense lawyers today for a quick response.
Our Pinellas County criminal defense attorneys at Battaglia, Ross, Dicus & McQuaid, P.A., are part of one of Tampa Bay’s most prestigious law firms. We have the reputation and connections to make things happen.
Contact us today for a free consultation to get started or CALL (727) 381-2300