Florida Marijuana Laws

Florida marijuana laws are effected by the Controlled Substance Act in the United States that outline the laws regarding marijuana violations. According to the act, marijuana is a Schedule I drug, defining it as highly addictive with no medical purposes. Because it is the most commonly used drug in the US, many state lawmakers have moved to seek the decriminalization of marijuana for small possessing small amounts.http://www.justice.gov/dea/concern/marijuana.html However, Florida has not passed this type of legislation and state law still outlines possession in any amount to be a violation of the law. For example, state law says that possession of 20 grams or less is a misdemeanor charge with a penalty of up to 1 year in jail and up to $1000 fine. This penalty is similar to that of a conviction for sale of less than 20 grams and possession of marijuana paraphernalia.

Florida law has also enacted mandatory minimum sentencing. In a case where a mandatory sentence is given, the convicted is ineligible for parole until the minimum sentence has been completed. Sale or cultivation of 25 grams of prepared marijuana, or 2000 plants constitutes a mandatory minimum sentence. For example, if convicted of sale of marijuana in excess of 10,000 grams, the charge is a felony carrying a mandatory minimum sentence of 15 years and up to a $200,000 fine. In this case, there would be no possibility of parole, until the mandatory 15 year sentence was served. http://norml.org/index.cfm?Group_ID=4530

Although 14 other states have successfully passed medical marijuana laws, Florida still remains a state where there is no legal protection for those using marijuana for treating symptoms due to illness.http://medicalmarijuana.procon.org/viewresource.asp?resourceID=000881 Even though Florida has not passed a medical marijuana law, there have been cases in which the defense for use of marijuana to treat symptoms from terminal illness has been seen in court.

During Jenks v. State of Florida in 1991, A couple infected with the AIDS virus used marijuana to reduce their nausea symptoms. They were convicted of cultivation and paraphernalia possession. In this case, the couple argued that the severity of their symptoms were detrimental to their health and if not controlled could result in death. Doctor testimony stated that the only effective method for controlling these symptoms was the use of marijuana. Taking the couples medical condition into account, the judge ruled against the defense and found the couple guilty of the charges. They were both sentenced to one year unsupervised probation and 500 hours of community service, only to be discharged by the care and and comfort they provided to each other. http://www.mpp.org/states/florida/jenks-v-state-of-florida.html

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.