June 17, 2023
In 2016, Florida passed the Medical Marijuana Legalization Initiative, known as Amendment 2, allowing licensed physicians to prescribe medical marijuana to patients with qualifying conditions.
Despite the state's medical marijuana program, possession of marijuana is still a criminal offense in Florida. Possession of up to 20 grams is a first-degree misdemeanor (up to one year in jail and a $1,000 fine). More than 20 grams can be a felony.
A valid medical marijuana card does not automatically grant immunity. It can serve as an affirmative defense if you were using the substance legally for medical purposes, and it can support negotiation for pretrial diversion in some cases.
A criminal defense attorney can evaluate the arrest, the card, search and seizure issues, and negotiate a resolution. This post is general information, not legal advice for your facts.
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