Medical Marijuana vs. Recreational Marijuana in the Eyes of Florida Law

In recent years, Florida has passed laws legalizing marijuana, a move embraced by many Florida voters. However, while other states like Colorado and California allow recreational marijuana, Florida restrictions only legally permit medical marijuana. For Florida residents, it’s crucial to be aware of the difference between medical marijuana and recreational marijuana and the legal stipulations for use and possession.

Marijuana and Florida Law

Florida’s Senate Bill 8A defines marijuana as: “All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis.”

Changes implemented in 2016 to Florida’s state constitution by way of Amendment 2, also known as Florida Medical Marijuana Legalization Initiative, made the use of marijuana legal for qualifying conditions.

What Constitutes Medical Marijuana?

Medical marijuana is the use of the substance as recommended by a doctor for qualifying conditions like cancer, PTSD, HIV/AIDS, Crohn’s Disease and other debilitating medical conditions. If recommended by a doctor, other conditions considered similar in class could also justify the use of medical marijuana, including mental health disorders, terminal conditions or chronic pain.

Unless it’s dispensed by a state-authorized medical marijuana treatment center, and accompanied by a legitimate medical marijuana card as recommended by a certified doctor, the use of marijuana is considered recreational and is illegal in Florida.

What are the Penalties of Recreational Use in Florida?

Recreational marijuana, is defined as marijuana without medical pretext. While the consumption of medical marijuana is now legal in Florida, recreational use of the substance is still subject to legal charges and penalties.

Possession of 20 grams or less of marijuana can earn you a misdemeanor charge, a year of imprisonment and a $1,000 fine. Possession of higher amounts is considered a felony and carries a potential 15-30 year sentence in prison, depending on the circumstances and quantity. Possessing more than 25 pounds of cannabis is considered drug trafficking in the state of Florida.

Even though medical marijuana is legal, there are specific instances, like vehicle searches and workers’ compensation claims, in which legal marijuana possession can cause problems for Florida residents. It’s best to consult an attorney to help navigate some of these tricky situations as the stigma associated with this particular drug continues.

The Future of Recreational Marijuana Law in Florida

Recently, there was an effort from Florida voters to get the legalization of recreational marijuana added to the 2020 ballot. In a petition, led by Make It Legal, which garnered approximately 295,100 state-verified signatures, the new law would have permitted adults 21 years of age and older to consume, purchase and transport up to 2.5 ounces of recreational marijuana and paraphernalia. However, a change in election law slowed the process and the bill was unable to meet the requirements in time to make it onto the ballot for 2020. Opponents of the bill include the Florida House, Senate, and the Florida Chamber of Commerce, among others.

However, the push for legalizing recreational marijuana continues. In January of 2020, a new bill was filed by Republican Sen. Jeff Brandes to allow for adult recreational use of marijuana, as well as expunge the criminal records of those convicted for simple possession offenses.

When to Consult Gainesville Attorneys About Marijuana in Florida

The use of medical marijuana in the state of Florida carries many legal guidelines in Florida. Avera & Smith has the expertise to answer questions about proper licensing, qualifying medical conditions, workplace drug policies and more. If you have questions about medical marijuana or need legal representation in the face of criminal charges, your Gainesville attorneys are here to help. Contact us today for a free consultation.