For decades, the federal government refused to acknowledge that cannabis or marijuana had any medical use. Currently, the federal government still has marijuana listed as a Schedule I substance, which means it has no acknowledged medical purposes.
Many states, including Florida, have enacted statutes to allow certain people to legally use marijuana for medical purposes. People with debilitating or potentially deadly conditions, including cancer, HIV/AIDS and ALS, may be eligible for a medical marijuana card.For the most part, marijuana possession remains a crime in Florida. However, some people can use medical marijuana to treat certain medical conditions or manage their symptoms.
Is medical use an affirmative defense option when facing Florida drug charges?
Ideally, patients should register in advance
The Florida medical marijuana program extends protection from prosecution to people who comply with the law. Typically, this means they need to have an in-person visit with a physician, receive a written recommendation and adhere to all restrictions on their consumption of marijuana. They can then avoid arrest and prosecution for possession.
Asserting medical possession of marijuana is sometimes a viable affirmative defense strategy. However, there are very strict standards that apply to such defense tactics. Additionally, a conviction for a marijuana-related offense might prohibit an individual from securing a medical marijuana card in the future or could abruptly terminate their participation in the program.
Individuals accused of marijuana-related offenses may need help avoiding a conviction and ensuring they can continue to use their preferred medication in the future. Learning more about Florida’s laws may be the first step toward a viable criminal defense strategy.
