Medical marijuana has been available to those who qualify since 2016 when Amendment 2 passed in Florida. The legislation was then expanded further in 2019 as it allowed patients to purchase “flower” marijuana and legally smoke it. Before then, medical marijuana patients were only permitted to use THC oils or creams.
While medical marijuana industry has grown in Florida, the law hasn’t quite caught up. Many medical marijuana patients are arrested and face criminal charges for possessing or consuming their medication. That is why if you or someone you know has been arrested whilst possessing a medical marijuana card, it’s within your best interest to seek legal representation. An experienced Florida medical marijuana attorney can defend you and your rights to healthcare.
Medical Marijuana Lawyer in Alachua County, FL
Were you arrested for possessing cannabis despite having a medical marijuana card? If so, we urge you to contact Galigani Law Firm. It’s your right to use your medical marijuana as prescribed by a doctor and the Gainesville medical marijuana attorneys at Galigani Law Firm want to help. With over 30 years of collective courtroom experience, the lawyers at Galigani Law Firm have the knowledge needed to defend your rights in court.
Call Galigani Law Firm today at (352) 375-0812 for an initial free no-hassle consultation. Galigani Law Firm accepts clients throughout the greater Gainesville and Alachua County area including Newberry, High Springs, Hawthorne, Micanopy, Archer, Waldo, and La Crosse.
Information Center:
- How to Get Your Medical Marijuana Card in Florida?
- Florida Medical Marijuana Laws
- What is the Punishment for Marijuana Possession in FL?
- Additional Resources
How to Get Your Medical Marijuana Card in Florida?
Amendment 2 became effective in Florida on January 3rd, 2017. The new piece of legislation allowed Floridians to lawfully use low-THC marijuana products for medicinal purposes if they qualified. The only way to legally obtain a medical marijuana card was through a physician certified to prescribe medical cannabis under the regulations of the Compassionate Use law.
All medical marijuana patients are registered within the Compassionate Use Registry run by the U.S. Department of Health. Patients can only qualify for a medical marijuana card if they have one of the following conditions listed in the Compassionate Use law.
- Epilepsy
- HIV
- AIDS
- Post-traumatic Stress Disorder (PTSD)
- Crohn’s Disease
- Amyotrophic lateral sclerosis (ALS)
- Multiple sclerosis (MS)
- Parkinson’s disease
- Cancer
- Glaucoma
- A terminal condition diagnosed by a physician other than the physician issuing the medical marijuana card
- Chronic nonmalignant pain caused by one of the following conditions above or originates from a qualifying medical condition. The pain must persist beyond a usual course of said medical condition.
- Any medical condition of the same kind or class comparable to those above
Florida Medical Marijuana’s Laws
Although medicinal use of marijuana is allowed, patients must follow some strict rules if they want to avoid criminal charges and retain their card. Failure to follow these regulations may result in an arrest and the state of Florida may bar you from obtaining cannabis as a means of medication in the future. Listed below are the rules for using and possessing medical marijuana in the state of Florida.
- No transferring your medicinal marijuana to another person
- You cannot consume or possess marijuana that wasn’t acquired at a certified treatment center
- Follow your physician’s instructions when consuming your medical marijuana
- Do not consume your medical marijuana in a public place
What is the Punishment for Marijuana Possession in Florida?
Possessing marijuana recreationally is still illegal in the state of Florida. In some cases, an officer may mistake you using your medicinal marijuana for recreational use and arrest you as a result. If you’re arrested, you’ll be facing a first-degree misdemeanor charge for possessing less than 20 grams of cannabis. A conviction for a first-degree misdemeanor includes:
- Up to 12 months in jail
- A fine of up to $1,000
If you’re possessing more than 20 grams of cannabis but less than 25 pounds, you’ll be facing a third-degree felony. The maximum sentence a person can receive from a third-degree felony includes the following:
- Up to 5 years in prison
- A fine of up to $5,000
Additional Resources
OMMU| Office of Medical Marijuana Use in Florida – Visit the official website for the Office of Medical Marijuana Use (OMMU) in Florida to learn more about medicinal cannabis and how to apply for a card. Access the site to learn more about their patient registry, qualifying conditions, how to find a physician certified under the Compassionate Use law, and more.
Amendment 2| SB 8-A Medical Use of Marijuana – Visit the official website for the Florida Senate and access the original bill for Amendment 2 that allowed the state to prescribe medical marijuana. Access the site to read the original bill, view any amendments that have been made, and other upcoming marijuana-related bills in the Senate.
Florida Medical Marijuana Lawyer in Gainesville
If you qualified for a medical marijuana card, it’s your right to use your prescription as your doctor intended. The attorneys at Galigani Law Firm have defended numerous people from marijuana-related charges including those who had medicinal cannabis prescribed to them. They can assess the facts of your case to build a defense designed to protect your freedom and health. Contact Galigani Law Firm today to discuss your legal options in further detail.
Galigani Law Firm can be reached at (352) 375-0812 for a free initial consultation or you can simply fill out our online contact form. Galigani Law Firm accepts clients throughout the greater Gainesville and University of Florida (UF) campus area as well as surrounding cities such as Alachua, High Springs, Newberry, Micanopy, Hawthorne, and Archer.
