As laws change and vary from county to county, it’s important that
you’re up to date with the current Florida cannabis laws and regulations.
Laws governing cannabis are constantly changing across Florida. One county may choose to exercise how they enforce these laws entirely differently than a neighboring county. Before you make a decision regarding cannabis, it’s important to understand what your rights are and where you stand regarding current cannabis laws.
Recent Changes to Florida Cannabis Laws
As of March 18th, 2019, the governor of Florida, Ron DeSantis, signed into law SB 182. This is a repeal on the smoking of medical cannabis. Doctors and patients will now have much greater access to administer medical cannabis and more choices when it comes to how they administer medical cannabis.
SB 182 allows patients to receive up to 2.5 ounces of cannabis flower every thirty-five days if recommended by their doctor. It also allows patients under 18 with a terminal condition to access medical cannabis and to receive a second opinion from a pediatrician.
The History of Medical Cannabis Laws In Florida
Before the passage of Amendment 2, medical marijuana patients in Florida only had access to marijuana, which was less than .08% THC. The first dispensary opened its doors to medical marijuana patients in Tallahassee on July 26th, 2016.
The legislature later expanded this law in 2016 by passing HB 307, which related to terminally ill patients accessing different forms of medical marijuana.
Where Does The Law on Marijuana Stand Now In Florida?
Possession of Marijuana – Currently, possession of small amounts of marijuana (20 grams or less) is a misdemeanor which is punishable by a maximum sentence of one-year imprisonment and a maximum fine of $1,000. Possession of marijuana above 20 grams is considered a felony and punishable by a maximum sentence of five years imprisonment and a maximum fine of $5,000.
Sale or Delivery of Marijuana – Sale or delivery of marijuana qualifies as a felony. However, the sale or delivery of under 20 grams of marijuana is a misdemeanor.
The Decriminalization of Marijuana Across Florida
Since 2015-2016, we’re seeing a push by some cities and counties to give their officers the ability to use discretionary choice when it comes to arresting someone for possession of under 20 grams of marijuana. The jurisdictions following this trend include Miami-Dade County, Tampa, Key West, and Orlando.
For example, if you were found with under 20 grams of marijuana, an officer COULD CHOOSE TO issue you with a citation in conjunction with a $100 fine for a first offense, $200 fine for a second offense, or a $500 fine for repeat offenders plus a court appearance.
It’s important to note this is up to the officer and not a requirement. Also, it’s important to consider that in some counties you could also receive a criminal record in conjunction with the citation.
While this is a positive sign, you must also be aware that some law enforcement officers and jurisdictions have also said they will continue to arrest anyone they find in possession of marijuana.
If you are seeking professional legal advice regarding marijuana laws, don’t hesitate to contact our office directly.