Marijuana Possession Lawyer

Florida Marijuana Possession Attorney

Few states are as strict about criminalizing marijuana than Florida. While medical cannabis is legal in the Sunshine State as a treatment for a wide variety of “debilitating” illnesses, recreational use of the Marijuana is still against the law. In fact, being in possession of 20 grams or less can put you behind bars for up to a year and make you lose your driver’s license for a mandatory two-year period. Charges and defenses will vary, it is always best to seek the advice of counsel.

Marijuana Charges And Penalties In South Florida

Because marijuana possession charges carry such significant penalties in Florida it is imperative that you hire an expert criminal marijuana possession, west palm beachdefense attorney who can help you defend your case.  Michael T. Rabideau is a dedicated criminal defense attorney serving all of Palm Beach, Broward, Martin and St. Lucie Counties. As a 20-year legal veteran, he has amassed a proven track record of success for clients facing drug crime accusations. As a skilled negotiator, he can work with the prosecuting attorney in an attempt to reduce or even dismiss the charges against you.

Marijuana Charges and Penalties in Palm Beach County

Marijuana charges are one of the most common criminal offenses in Florida. In 2017, the Florida Department of Law Enforcement revealed that 42,153 people were arrested for misdemeanor cannabis possession, contributing to 91.5% of total arrests for misdemeanor drug possession crimes.

Possession Charges

  • Possession of 20 grams or less of Marijuana: The simple possession of 20 grams or less of marijuana/cannabis is a misdemeanor that carries a sentence of up to 12 months in jail and a fine up to $1,000. If this is your first offense, you may just be subject to a $75-$100 fine.
  • Possession of more than 20 grams of Marijuana: If you are caught with more than 20 grams of marijuana you will be charged with a third-degree felony.  If convicted the penalty calls for up to 5 years of imprisonment and up to a $5000 fine.
  • Possession of 25 pounds or less of Marijuana: Being in possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
  • Possession of more than 25 pounds of Marijuana: If you were in possession of more than 25 pounds of marijuana or 300-2,000 plants, you will be charged with a felony and be subject to a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of up to 15 years imprisonment and a maximum fine of $25,000.
  • Possession of more than 2,000 pounds but less than 10,000 pounds of Marijuana: If you were in possession of between 2,000 and 10,000 marijuana plants, you are facing a 7-year mandatory minimum prison sentence with a potential maximum 30 years sentence as well as a maximum fine of $50,000.
  • Possession of 10,000 pounds or more of Marijuana: Being in possession of 10,000 pounds of cannabis or more is the most serious marijuana possession charge in Florida. You will be subject to a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Potential Defense Strategies to Beat Marijuana Possession Charges

  • You were unaware or lacked knowledge that the material was a controlled substance
  • Use of cannabis in accordance with Florida’s medical marijuana law; you had a valid prescription
  • You were a victim of entrapment arranged by police
  • Your Fourth Amendment rights were violated due to an unlawful search and seizure

To schedule a free consultation with Michael and learn more about your Marijuana Possession Charges and Defense, call his office today:  (561) 820-4848

Where Does Marijuana Legalization Stand in Florida?

The legalization of marijuana in Florida is a multifaceted and evolving subject. While the recreational use of cannabis remains illegal in the state, there have been significant strides in the realm of medical marijuana. In 2016, the Compassionate Use Act and Amendment 2 were passed, legalizing the medical use of marijuana with an overwhelming 71% of the vote. This legislation has allowed individuals diagnosed with specific medical conditions to benefit from the therapeutic properties of cannabis under the guidance of healthcare professionals.

For example, the case of John, a Florida resident diagnosed with epilepsy, highlights the impact of medical marijuana legalization. With the authorization of a qualified physician, John gained access to medical marijuana as a potential treatment for his condition. This illustrates how the legalization of medical marijuana has provided relief and improved the quality of life for individuals facing challenging health circumstances, underscoring the compassionate and therapeutic role of cannabis in Florida’s healthcare landscape.

Moreover, the regulations governing medical marijuana in Florida are comprehensive and include specific packaging and labeling requirements for medical marijuana products. These requirements encompass child-resistant packaging detailed labeling, and warnings tailored to different product types such as edibles and smoking products. The implementation of these specifications is aimed at ensuring the safe and responsible use of medical marijuana while also safeguarding against potential misuse or accidental exposure, especially in cases involving edibles and products intended for smoking.

For instance, the stringent packaging and labeling requirements were developed in response to concerns about accidental ingestion of edible cannabis products by minors. Through these measures, the state has sought to minimize the risk of unintended exposure to medical marijuana products, emphasizing the importance of patient safety and responsible usage.

Qualifying for Medical Marijuana in Florida

Qualifying for medical marijuana in Florida involves a thorough process to ensure that patients with specific medical conditions can access the treatment they need. The Florida Department of Health Office of Medical Marijuana Use (OMMU) plays a pivotal role in regulating the medical marijuana program in the state, overseeing the eligibility criteria and authorization procedures.

An illustrative example of the impact of qualifying for medical marijuana is the case of Sarah, who was diagnosed with cancer and qualified for medical marijuana treatment. Following the diagnosis and authorization from a qualified physician, Sarah was able to navigate the process of obtaining a Medical Marijuana Use Authorization, allowing her to access medical marijuana as part of her comprehensive treatment plan. This example underscores the significance of the qualifying process and the role of the OMMU in facilitating access to medical marijuana for individuals facing serious medical conditions.

For example, individuals diagnosed with debilitating medical conditions such as cancer, epilepsy, glaucoma, HIV/AIDS, Crohn’s disease, Parkinson’s disease, and multiple sclerosis are among those who may qualify for medical marijuana in Florida. The diagnosis and recommendation for medical marijuana use must come from a qualified physician who is authorized to provide such approvals within the state’s legal framework. This requirement ensures that the use of medical marijuana is based on legitimate medical needs and professional medical advice, contributing to the responsible and ethical administration of this treatment option. Additionally, the OMMU’s oversight ensures that the program maintains the necessary standards for patient care and safeguards against potential misuse or exploitation of medical marijuana authorization.

The stringent qualifying criteria and regulatory oversight are fundamental in upholding the integrity and medical purpose of the state’s medical marijuana program. The careful consideration of specific medical conditions, medical professional involvement, and regulatory supervision collectively contribute to the responsible and informed use of medical marijuana in Florida, aligning with the overarching goal of providing relief and support to individuals facing serious health challenges.

Decriminalization of Cannabis

In addition to the overarching state laws prohibiting recreational marijuana, several local jurisdictions in Florida have taken steps to decriminalize cannabis possession for small amounts. For example, Miami-Dade County and Broward County have implemented ordinances that reduce the legal repercussions for individuals found in possession of small quantities of marijuana. This signifies a shift in the legal landscape within these specific regions, as they opt for alternative approaches to address cannabis possession, focusing on diversion programs rather than criminal charges.

For instance, the implementation of decriminalization ordinances in various cities and counties reflects a growing trend towards the reevaluation of marijuana laws at the local level. By enacting these measures, local governments are acknowledging the need to address cannabis possession through a more lenient and rehabilitative lens, aiming to minimize the adverse impact of criminalization on individuals found with small amounts of marijuana. This localized approach not only alters the enforcement of cannabis laws but also underscores the evolving perspectives on drug policy within Florida.

Furthermore, the implementation of decriminalization ordinances has the potential to reduce the strain on law enforcement resources and the criminal justice system, as individuals found with small amounts of cannabis can be diverted to treatment or education programs rather than facing criminal charges and incarceration. This approach aligns with broader efforts to address substance use and related issues through a public health and harm reduction lens, reflecting a nuanced and progressive response to cannabis possession at the local level.

Efforts for Recreational Marijuana Legalization

The potential 2024 ballot measure for recreational marijuana legalization in Florida has sparked considerable attention and debate among residents, lawmakers, and advocacy groups. The prospect of this measure has led to heightened public discourse on the topic, with various stakeholders presenting their perspectives on the potential impact of recreational marijuana legalization. For instance, proponents of the initiative have emphasized potential economic benefits, such as tax revenue generation and job creation, while opponents have raised concerns about potential societal and health implications.

An illustrative example of the impact of efforts for recreational marijuana legalization is the public debate surrounding the potential ballot measure. Public forums, town hall meetings, and media discussions have provided platforms for individuals and organizations to express their views on the subject, contributing to a robust and diverse conversation about the potential legalization of recreational cannabis in Florida. This active engagement underscores the significance of public discourse in shaping legislative decisions and reflects the democratic process at the heart of policy-making.

Moreover, the existing initiatives and discussions surrounding recreational marijuana legalization in Florida underscore the evolving nature of cannabis policy in the state. As public opinion continues to shift and new information emerges regarding the experiences of other states with legalized recreational marijuana, the ongoing dialogue in Florida reflects a dynamic and complex landscape that warrants careful consideration from policymakers and the public alike.

Pros and Cons of Recreational Marijuana Legalization

When considering the potential benefits of recreational marijuana legalization in Florida, it’s essential to acknowledge the economic impact. Legalizing recreational cannabis could lead to the creation of new jobs in the industry, generating tax revenue, and stimulating economic growth. For instance, in states like Colorado and Washington where recreational marijuana is legal, the cannabis industry has contributed significantly to the economy, creating employment opportunities and generating substantial tax revenue for various public initiatives.

On the other hand, it’s crucial to carefully weigh the potential drawbacks of legalizing recreational marijuana in Florida. One concern is the impact on public health and safety. Some experts argue that increased access to recreational cannabis might lead to higher rates of cannabis use disorders, impaired driving incidents, and adverse health effects, particularly among young adults. Additionally, there are concerns about the potential normalization of marijuana use, especially among vulnerable populations. Understanding these potential risks is crucial in making informed decisions about the future of recreational marijuana in the state.

For example, data from states that have legalized recreational marijuana can provide valuable insights into the potential benefits and challenges that Florida may face. By examining the experiences of these states, policymakers and stakeholders can gain a deeper understanding of the economic, social, and public health implications of recreational marijuana legalization, informing the ongoing discussions and decision-making processes in Florida.

Furthermore, public opinion plays a significant role in shaping the discourse around recreational marijuana legalization. It’s important to engage with the perspectives of Florida residents to understand their views, concerns, and expectations regarding the potential legalization of recreational cannabis. Public opinion polls, community forums, and expert surveys can provide valuable insights into the societal attitudes towards this issue, allowing policymakers to make informed decisions that align with the sentiments of the population. By exploring the diverse perspectives of both experts and the public, Florida can engage in a comprehensive and inclusive dialogue about the implications of recreational marijuana legalization.

Cannabis Laws and Legal Status in Florida

Recreational use of cannabis is indeed illegal in Florida, as the state has not yet legalized it for non-medical purposes. However, the Compassionate Use Act and Amendment 2 in 2016 marked significant milestones for the legalization of medical marijuana in the state, allowing individuals with certain medical conditions to access cannabis for therapeutic purposes. The legislation set forth by the Florida Department of Health Office of Medical Marijuana Use (OMMU) oversees the regulation and implementation of the medical marijuana program, ensuring that patients who qualify receive the necessary care and access to medical cannabis.

For instance, patients diagnosed with debilitating conditions such as cancer, epilepsy, glaucoma, HIV/AIDS, and other specific illnesses are eligible for medical marijuana in Florida. This exemplifies the state’s commitment to providing relief for individuals suffering from serious health conditions through the controlled and supervised use of cannabis. The careful consideration of medical marijuana laws has allowed Florida to balance the need for access to therapeutic treatments while maintaining strict regulations to prevent misuse and abuse of cannabis products. Furthermore, the specific packaging and labeling requirements for medical marijuana products, including child-resistant packaging and warnings for various product types, demonstrate the state’s dedication to ensuring the safe and responsible use of medical cannabis.

For example, the implementation of the Right to Try Act and the expansion of medical marijuana allowances for terminally ill patients in Florida reflect the state’s commitment to compassionate care and patient-centered approaches. By recognizing the unique needs of terminally ill individuals and providing access to cannabis under specific regulations, Florida has demonstrated a commitment to supporting the well-being and dignity of these patients during their end-of-life care.

In summary, although recreational use of cannabis remains illegal in Florida, the introduction of medical marijuana laws and regulations has paved the way for individuals with qualifying medical conditions to benefit from the therapeutic properties of cannabis in a controlled and supervised manner, emphasizing the state’s commitment to compassionate care and patient well-being.

Process for Obtaining Medical Marijuana Use Authorization

The process for obtaining a Medical Marijuana Use Authorization in Florida involves several essential steps. Firstly, individuals must be diagnosed with specific medical conditions that qualify for medical marijuana use. This diagnosis must be conducted by a qualified physician registered with the Florida Department of Health Office of Medical Marijuana Use (OMMU). The physician will evaluate the patient’s medical history, symptoms, and overall health to determine if medical marijuana is a suitable treatment option.

Following the diagnosis, the patient must then apply for a Medical Marijuana Use Authorization through the OMMU. The application process entails providing the necessary medical documentation and personal information, as outlined by the state regulations. Once the application is submitted, it undergoes a review process by the OMMU, which assesses the patient’s eligibility based on the provided medical records and the physician’s diagnosis. This rigorous evaluation ensures that medical marijuana is only prescribed to individuals who genuinely require it for the management of their medical conditions.

Moreover, it is important to note that Florida does not offer reciprocity for medical marijuana cards obtained from other states. Therefore, individuals seeking authorization for medical marijuana use in Florida must adhere to the specific protocols and requirements set forth by the state, irrespective of any previous authorizations they may hold from other jurisdictions. This ensures that the standards and regulations for medical marijuana use in Florida are consistently upheld, maintaining the integrity of the state’s medical marijuana program and safeguarding the well-being of patients.

In summary, the process for obtaining a Medical Marijuana Use Authorization in Florida involves a thorough assessment by a qualified physician, followed by a meticulous application and review process overseen by the OMMU. These measures are in place to ensure that medical marijuana is accessed responsibly and in accordance with the state’s regulations, prioritizing the health and safety of patients [2, 7].

Impact of Cannabis Use on Terminally Ill Patients

Terminally ill patients in Florida are allowed to use cannabis under specific regulations and expansions of the Right to Try Act. This provision enables individuals facing end-of-life care to access cannabis as a potential treatment option, acknowledging the complex health challenges they encounter. For example, patients with advanced stages of cancer or other terminal illnesses may experience severe pain, nausea, and loss of appetite, which are symptoms that medical marijuana has shown to alleviate in some cases. By allowing access to cannabis, the state aims to provide relief and improve the quality of life for terminally ill individuals during their remaining time.

Moreover, the potential benefits and challenges of cannabis use for terminally ill patients should be carefully evaluated. It’s essential to weigh the potential therapeutic benefits of cannabis against the associated risks, especially for patients who may have compromised immune systems or other health concerns. Additionally, the impact on mental and emotional well-being, as well as the implications for palliative care, should be taken into account when considering the use of cannabis for terminally ill patients. Therefore, the decision to allow cannabis use in these circumstances requires a comprehensive assessment of medical evidence, ethical considerations, and the specific needs of terminally ill individuals, highlighting the significance of a thoughtful and compassionate approach to healthcare for this vulnerable population.

For instance, the experiences of terminally ill patients who have accessed medical marijuana in Florida can provide valuable insights into the impact of cannabis use on their quality of life and symptom management. By gathering data and testimonials from these individuals, policymakers and healthcare professionals can gain a deeper understanding of the potential benefits and challenges associated with cannabis use for terminally ill patients, informing ongoing efforts to support this vulnerable population.

Recap of Marijuana Legalization in Florida

The legalization of marijuana in Florida has followed a distinct path, with recreational use of cannabis remaining illegal in the state while medical use has been legalized. This differentiation in legality has prompted ongoing discussions and potential future changes regarding marijuana legalization in the state, reflecting an evolving and dynamic area of law [5, 7].

For instance, the Compassionate Use Act and Amendment 2 marked pivotal moments in Florida’s marijuana legalization journey, allowing the use of medical marijuana for individuals diagnosed with specific medical conditions. This has led to the regulation of the medical marijuana program in the state by The Florida Department of Health Office of Medical Marijuana Use (OMMU), highlighting the structured approach taken to manage the use of cannabis for medical purposes.

Furthermore, the ongoing discussions and potential future changes in marijuana legalization in Florida have been influenced by the emergence of various initiatives, including a potential 2024 ballot measure for recreational marijuana legalization. Such initiatives have sparked public debate, with proponents and opponents weighing the potential benefits and drawbacks of recreational marijuana legalization in the state, underscoring the importance of carefully considering the impact of such legislative changes. These developments illustrate the dynamic nature of marijuana legalization in Florida and the need for comprehensive evaluation and informed decision-making as the landscape continues to evolve.

Facing Marijuana Charges in South Florida? Take Action Now!

Marijuana possession charges are among the most commonly prosecuted criminal offenses in Florida. With over 42,000 arrests in 2017 alone for misdemeanor cannabis possession, the penalties can be severe. It’s essential to act quickly and obtain strong legal counsel from an expert marijuana defense lawyer like Michael T. Rabideau.

Dedicated solely to criminal defense for the past 20 years and serving Palm Beach, Broward, Martin and St. Lucie counties, attorney Rabideau has amassed an outstanding track record fighting marijuana accusations. He works closely with each client to build a custom-tailored and multi-faceted defense strategy. As an assertive negotiator, he can reduce or even have charges dismissed through effective communication with the prosecuting attorney.

However, acting swiftly is imperative, as delayed action can undermine defense efforts and outlooks moving forward. Attorney Rabideau and his capable team offer convenient office locations, competitive rates, and a dedication to client-focused representation. They dive into each case with diligence to protect your rights, liberty and future.

Potential marijuana possession charges and penalties include:

  • Possession of 20 grams or less – Misdemeanor with up to 1 year in jail and $1,000 fine
  • Possessing 20+ grams – Felony charge with up to 5 years imprisonment and $5,000 fine
  • Possessing 25 pounds or less – Felony up to 5 years behind bars
  • Possessing 25-2,000+ pounds – Mandatory minimum 3 years prison

Facing charges like these in Palm Beach, Broward, and nearby Florida counties? The penalties can be life-changing if aggressively defended legal representation isn’t obtained. Michael T. Rabideau possesses a proven track record achieving positive outcomes for clients accused of marijuana crimes. He works around the clock fighting for reduced or dismissed charges through proficient negotiation and defense preparation.

Don’t wait to get the strong marijuana defense counsel you deserve! Miami-based attorney Michael T. Rabideau offers free case evaluations and works weekends/evenings as needed. Call (561) 820-4848 now or contact the firm online for responsive legal guidance from a trusted marijuana defense lawyer. Swift action is imperative, so call today!

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