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Florida Medical Marijuana Legislation, Law and Defense

Written by Moses & Rooth on March 26, 2015

Many states have or are on the verge of legalizing medical marijuana. However, Florida does not have a comprehensive law that legalizes the use of medical marijuana at this point. If you are sick and have questions about Florida laws regarding marijuana use or have been arrested for marijuana possession or selling marijuana, contact the experienced drug defense attorneys at Moses and Rooth.

Florida’s Proposed Medical Marijuana Legislation

Florida senate is currently considering a bill that would legalize the sale and use of medical marijuana in Florida. Senate Bill 528, better known as the “The Florida Medical Marijuana Act,” would allow:

  • Registered patients and designated caregivers to purchase, acquire, and possess medical-grade marijuana subject to specified requirements;
  • A cultivation and processing licensee, employee, or contractor to acquire, cultivate, transport, and sell marijuana under certain circumstances; and
  • A retail licensee to purchase, receive, possess, store dispense, and deliver marijuana under certain circumstances.

In 2014, an attempt to amend Florida’s constitution to allow medical marijuana failed. The amendment failed to receive the 60 percent of votes needed by two percent, however, a very narrow law was passed legalizing the sale of a specific strain of medical marijuana in restrictive circumstances.

Florida’s Current Law Regarding Medical Marijuana

In 2014, Florida’s governor signed one narrow law allowing the use of a type of medical marijuana in restrictive circumstances. The “Compassionate Medical Cannabis Act of 2014,” better known as “Charlotte’s Web” law, allows for the sale of medical marijuana containing 0.8 percent THC or lower and 10 percent CBD or higher to patients with cancer or other conditions that result in chronic seizures or muscle spasms. Under the act, the use of marijuana would have been legal in pill, oil, or vapor form, but smoking it is prohibited. HOWEVER, due to legislative roadblocks the law still has not been finalized, but should be back up for consideration over the next year for consideration.

If you have been charged with the possession, use, or cultivation of marijuana an experienced drug defense attorney can advise you on all possible defenses to the charge.

The full legalization of medical marijuana in Florida might be right around the corner, but it is not here yet. Many hope for the legalization to start with the use for medical purposes in very limited circumstances. If you have questions about the use of marijuana for medical purposes or have been charged with the possession or sale of marijuana, contact the experienced drug defense attorneys of Moses and Rooth for answers to your questions or representation against the charges.

Posted Under: Drug Charges

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