Protecting Your Legal Right to Medical Marijuana Use in Florida

Written by:Julian Stroleny PortraitJulian Stroleny

Like many states, Florida has enacted legal protections for the use of medical marijuana. Unfortunately, these regulations can often be confusing, technical, or arbitrary. State law also conflicts with federal law, which still bans all marijuana use for any purpose. Because of this, many medical marijuana patients can be threatened with convictions for various offenses related to their use and possession of medical marijuana. An experienced Miami marijuana attorney can help prevent convictions related to medical marijuana.

How Can I Lawfully Use Medical Marijuana in Florida?

The Florida Department of Health maintains an Office of Medical Marijuana Use. The Office maintains a registry of identity cards for medical marijuana users and also provides information about the legal use of medical marijuana. Florida law has a restrictive list of conditions that qualify for medical marijuana use. It can, therefore, be more difficult to obtain a medical marijuana card in Florida than in other states.

Because there are so many administrative restrictions on medical marijuana use, it is important to be familiar with Florida’s medical marijuana laws. Users must be properly registered with the Office of Medical Marijuana Use. They must only use marijuana as provided by law and only possess it in specified quantities. They cannot distribute marijuana to others or sell paraphernalia. And because federal law still prohibits all marijuana use, medical marijuana cardholders cannot use or possess their medical marijuana on federal lands within the state. The National Parks Service, for example, owns the Big Cypress National Preserve, the Biscayne National Park, Canaveral National Seashore, the Castillo de San Marcos National Monument, the DeSoto National Memorial, and many other federal lands throughout Florida.

What Happens if I Am Charged With a Crime Related to Medical Marijuana Use?

If you have been charged with any crime related to your medical marijuana use, it is important to consult with a Miami drug crime attorney who has experience with marijuana cases. It is also important to do this before you make any statements to police officers, investigators, or prosecutors. These statements can limit an attorney’s ability to defend your case later in court. An experienced marijuana defense attorney will also be able to determine the best manner of defending your case. A minor technical infraction (such as a medical marijuana card that is one day expired) must be defended very differently than a case involving complex conflicts in state and federal law. It is important to be represented by an experienced medical marijuana attorney who knows these differences and understands how to approach them.

Aggressive Defense of Marijuana Charges

Florida law protects the right of doctors to prescribe – and patients to use – medical marijuana. Administrative challenges and conflicts in federal versus state law can impinge upon this right. It is important for patients to consult with an experienced criminal defense attorney to prevent and defend charges related to the use, possession, or distribution of medical marijuana. Call (305) 615-1285 today to schedule a consultation with an experienced Miami marijuana attorney.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Marijuana Attorney.


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