Florida is now among the many states in the nation that has passed laws legalizing the use of cannabis for medical purposes. Marijuana itself remains a controlled substance for which people who are not authorized patients can face criminal charges for possessing.
Medical marijuana patients are also prohibited from smoking cannabis, as the allowed administration is limited to pills, oils, or vaporization. Qualifying patients for medical marijuana must be diagnosed with one of the listed debilitating medical conditions.
Even those who suffer from serious medical conditions can face challenges accessing medical cannabis when they suffer from conditions other than the qualifying ailments. The only exception to this is if a physician can certify that a patients suffers from "medical conditions of the same kind or class as or are comparable to those enumerated."
Were you recently arrested for a marijuana crime in South Florida even though you needed it for a medical condition? It is important that you exercise your right to remain silent until you retain experienced legal counsel. Consider contacting Meltzer & Bell, P.A..
Lawrence Meltzer and Steven Bell are experienced criminal defense attorneys in West Palm Beach who defend clients facing cannabis charges in Lake Worth, Royal Palm Beach, Riviera Beach, Palm Beach Gardens, Greenacres, and many surrounding areas of Miami-Dade County, Broward County, and Palm Beach County.
You can have our lawyers review your case and answer all of your legal questions when you call (561) 283-3259 to schedule a free, confidential consultation.
On June 16, 2014, Governor Rick Scott signed the Compassionate Medical Cannabis Act of 2014. The bill legalized the low-potency strain of marijuana known as “Charlotte’s Web”—a strain of cannabis containing 10 percent or more cannabidiol (CBD, the compound attributed to medical benefits but not euphoric effects) but 0.8 percent or less tetrahydrocannabinol (THC, the compound that produces the euphoric effects).
Use of Charlotte’s Web was initially approved for a very limited group of patients. In 2016, 71.32 percent of Florida voters passed the Florida Medical Marijuana Legalization Initiative, more commonly known as Amendment 2, which expanded the qualifying medical conditions.
Amendment 2 became effective on January 3, 2017, as Section 29 in Article X of the Florida Constitution. The new section states that "medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law."
Under Amendment 2, qualifying conditions now include:
When a person without a qualifying condition possesses marijuana, he or she can face criminal charges. While possession of less than 20 grams of cannabis is a first-degree misdemeanor, many other marijuana crimes are felony offenses.
While cannabis may be legally available for medicinal purposes in Florida, marijuana remains illegal under federal law. A person in need of cannabis for medical purposes may be able to assert the necessity defense, also known as a "lesser of two evils" defense.
When an alleged offender utilize the necessity defense, he or she essentially argues that they were forced by circumstances beyond their control to pick between two "evils" and chose to commit a criminal offense that caused less harm than the alternative.
Florida courts have upheld the validity of the necessity defense, with the First District Court of Appeal ruling in Jenks v. State, 582 So. 2d 676 (Fla. 1st DCA 1991) that the "medical-necessity defense is merely a more particular application of the necessity defense."
The First District Court of Appeal established that the elements of the necessity defense that were previously addressed by trial courts are as follows:
The Supreme Court of Florida wrote that the District Court of Appeal "correctly determined that the defense of medical necessity to marijuana use still applies in Florida" in affirming the judgment of the Court of Appeals."
The Legislature must speak unequivocally in order to abrogate the common-law defense of necessity as applied to marijuana use, but it has never done so," the Court wrote.
Florida Standard Jury Instruction Chapter 3.6(k) establishes that an alleged offender may be able to use necessity as a defense against marijuana charges when all of the following elements have been proven:
Florida Department of Health | Office of Medical Marijuana Use — The Office of Medical Marijuana Use is charged with writing and implementing the department’s rules for medical marijuana, overseeing the statewide Medical Marijuana Use Registry, and licensing Florida businesses to cultivate, process, and dispense medical marijuana to qualified patients. Use this website to access the patient registry and locate licensed medical marijuana treatment centers. You can also read recent news and answers to frequently asked questions.
Medical Marijuana Use Registry | Florida Department of Health — The Medical Marijuana Use Registry is an online database for the registration of ordering physicians and qualified patients. You can view registry user guides for patients and caregivers, ordering physicians, and law enforcement. Patients and legal representatives can log into the registry using their email addresses once they have been added their physicians.
If you were arrested in South Florida for a cannabis offense despite your medical need for marijuana, it is in your best interest to immediately retain legal counsel.
Meltzer & Bell, P.A. represents individuals in communities all over Palm Beach County, Miami-Dade County, and Broward County, such as Boynton Beach, Delray Beach, Wellington, Jupiter, Boca Raton, and many others.
West Palm Beach criminal defense lawyers Lawrence Meltzer and Steven Bell will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest possible penalties.
Call (561) 283-3259 or submit an online form to have our attorneys provide a complete evaluation of your case during a free initial consultation.