There has been a lot of confusion in the general public regarding Florida’s marijuana laws in light of the new “Charlotte’s Web” legislation. The State of Florida has recently legalized the very limited use of medical marijuana, which must be prescribed by a doctor and must only be in the form of cannabis oil. Additionally, there is an amendment pending on Florida’s November ballot, Amendment 2, would allow for much broader medical use of marijuana. However, recreational possession and use of marijuana is still illegal in the State of Florida.
As discussed in my prior article, Marijuana in Florida, the new Florida Medical Marijuana law does not authorize the private use or growing of marijuana. The State of Florida, including the Palm Beach County State Attorney’s Office, is still heavily prosecuting marijuana crimes. Smoking marijuana and possession of marijuana are still considered first degree misdemeanors in the State of Florida under Florida Statute 893.13 and are punishable by up to 1 year in county jail if the possession was under 20 grams. Further, a conviction for marijuana possession will result in a 1-year driver’s license suspension. Possession of drug paraphernalia is also a first degree misdemeanor in the State of Florida, punishable by up to one year in county jail. That means that possession of water pipes, bongs, roach clips, and other objects used for ingesting or inhaling cannabis, hashish, and hashish oil is illegal. Florida Statute 893.145 provides the full list of unlawful drug paraphernalia.
Marijuana charges are serious, and can have severe consequences in the State of Florida. If you are facing marijuana charges, contact a knowledgeable attorney who can review your case and help guide you through the system.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.