Best Cannabis Law Lawyers in Florida

About Cannabis Law in Florida, United States

Cannabis law in Florida is a complex and rapidly changing area of legal practice that governs the cultivation, possession, sale, distribution, and use of marijuana and related substances. While the state has approved medical marijuana for qualified patients under regulated circumstances, recreational use remains illegal. Florida cannabis law involves a mixture of criminal, administrative, and health regulations. Understanding the legal landscape is essential for individuals, businesses, and patients as penalties for violations can be severe.

Why You May Need a Lawyer

Legal assistance is often necessary because cannabis remains a controlled substance under both federal and state law, creating a complicated environment for those looking to use, prescribe, cultivate, or operate businesses involving cannabis. Common situations where people in Florida may need a cannabis law attorney include:

• Being charged with marijuana possession, cultivation, or trafficking
• Navigating the process of obtaining a medical marijuana card
• Dealing with employment issues related to medical marijuana use
• Starting or running a cannabis business (dispensary, cultivation, etc.)
• Handling child custody or family law matters where cannabis use is alleged
• Landlords concerned about tenants using marijuana on their property
• Understanding rights and risks related to CBD, hemp, and medical cannabis products

Because mistakes can result in criminal charges or the loss of business opportunities, legal guidance ensures compliance and protects your rights.

Local Laws Overview

Florida law allows for the use of medical marijuana by qualified patients with a recommendation from a certified physician for certain debilitating medical conditions. Medical marijuana is regulated strictly, and only certain forms may be used. Recreational marijuana remains illegal, and possession of marijuana without a valid prescription can result in misdemeanor or felony charges, depending on the amount involved.

Key points include:

• Medical marijuana is permitted with a valid patient card and must be purchased through licensed dispensaries
• Possession of less than 20 grams of marijuana without authorization is generally a misdemeanor, but higher amounts or intent to distribute can result in felony charges
• Cultivating marijuana plants without proper licensing is a serious offense
• Driving under the influence of marijuana is illegal
• Hemp-derived CBD products are legal but must meet regulatory requirements
• Employers may prohibit marijuana use, even for medical cardholders
• Federal law still classifies cannabis as an illegal substance

Frequently Asked Questions

Is recreational marijuana legal in Florida?

No, recreational marijuana use remains illegal in Florida. Only medical marijuana for approved patients is allowed under state law.

How can I legally obtain medical marijuana?

You must be diagnosed with a qualifying medical condition and receive a recommendation from a state-approved physician. You then apply for a Medical Marijuana Use Registry Identification Card to purchase products from authorized dispensaries.

Can I grow my own marijuana plants at home for personal use?

No, home cultivation of marijuana is not allowed in Florida, even for medical patients. All products must be purchased from licensed dispensaries.

What happens if I am caught with marijuana without a prescription?

Possession of less than 20 grams is a misdemeanor punishable by jail time and fines. Greater amounts or intent to distribute can lead to felony charges.

Are there restrictions on where I can use medical marijuana?

Yes, state law prohibits the use of medical marijuana in public places, at the workplace, in school, or in correctional facilities. Only specific locations are deemed appropriate for use.

Can I be fired for using medical marijuana if I have a card?

Florida law does not require employers to accommodate medical marijuana use, so you may be terminated if your employer has a drug-free workplace policy.

What is the difference between CBD and marijuana in Florida legal terms?

CBD derived from hemp with less than 0.3 percent THC is legal in Florida, but cannabis products with higher THC levels are regulated as controlled substances and are only legal for qualified medical patients.

Can I drive after using medical marijuana?

No, driving under the influence of marijuana is illegal and can result in DUI charges, even if you are a registered medical marijuana patient.

How do I start a cannabis-based business in Florida?

Opening a cannabis business requires going through a highly regulated application and licensing process. Legal guidance is crucial to comply with all state laws and regulations.

What should I do if I am charged with a marijuana-related crime?

You should contact a qualified attorney immediately, as drug charges have serious consequences, including potential jail time, fines, and criminal records. An experienced lawyer can help protect your rights and explore possible defenses.

Additional Resources

If you need more information or assistance regarding cannabis law in Florida, consider the following resources:

• Florida Department of Health, Office of Medical Marijuana Use (OMMU) - Oversees the state's medical marijuana program
• Florida Bar Lawyer Referral Service - Helps connect individuals with qualified cannabis law attorneys
• Local Health Departments - May provide guidance for patients and caregivers
• Florida Statutes Chapter 381.986 - Medical Use of Marijuana
• Law enforcement agencies for local policy information
• Nonprofit legal aid organizations with experience in drug-related cases

Next Steps

If you require legal advice or representation regarding cannabis law in Florida, your best course of action is to consult with an attorney experienced in this area. Start by gathering any relevant documents related to your situation, including any charges, medical cards, or business records. Contact a lawyer through referrals, local bar associations, or professional directories. Be prepared to discuss your case openly and honestly so your attorney can provide the best guidance and representation. Staying informed of changes in Florida's cannabis laws is also important as new regulations may impact your rights and responsibilities.