Medical marijuana bill progresses through Florida legislature

April 01, 2014 (Press-News.org) Medical marijuana bill progresses through Florida legislature

Article provided by Stanley E. Peacock, P.A.
Visit us at http://www.stanpeacocklaw.com

While a handful states have already decriminalized the recreational use of marijuana, others are still debating whether to approve the drug for medical purposes, including Florida. However, if one particular piece of Florida legislation eventually becomes law, medical marijuana may become a reality in the Sunshine State.

Recently, House Bill 843 passed a Florida House Appropriations Committee by a vote of 24-0; meaning it will now be reviewed by the Judiciary Committee before moving forward. Specifically, this bill creates an affirmative defense for various marijuana-related drug charges in Florida when the alleged offender is using the drug medically, including several possession offenses. Although, if this bill is passed, the affirmative defense will only apply if the following three requirements are met:
-The only controlled substance involved in the alleged violation is marijuana - referred to as cannabis in the bill
-The alleged offender intends that the cannabis be consumed in a non-smoking manner
-The alleged offender intends that the cannabis be consumed by someone under the supervision of a licensed physician

Additionally, this particular bill will, if passed, allow an alleged offender the opportunity to expunge his or her record if found not guilty at a trial in which he or she successfully argued the above-referenced affirmative defense.

Current penalties in Florida for marijuana-related offenses

Interestingly, Florida's medical marijuana bill goes as far as to say, "The Legislature intends to discourage law enforcement from arresting, and state attorneys from prosecuting, persons who commit [drug] violations [...] when the violation only involves cannabis." Indeed, the is especially important given the fact that those who possess marijuana in Florida may face many criminal penalties under current state law, regardless of whether they are using the drug for medical purposes.

For example, some of the common marijuana-related offenses under Florida law include:
-A first degree misdemeanor charge for a person in possession of 20 grams or less of cannabis
-A third degree felony charge for a person in possession of more than 20 grams of cannabis
-A first degree misdemeanor charge or a person who delivers not more than 20 grams of marijuana

However, these are merely a small sample of the possible criminal charges that may arise in Florida. In fact, Florida marijuana laws - and corresponding federal statutes - can be quite complex. Consequently, if you are currently facing drug charges, it is often best to seek the counsel of an experienced criminal defense attorney. A knowledgeable attorney can help review the circumstances of your arrest and help ensure your rights are protected.