Can I Be Charged with Drug Possession If I Have a Medical Marijuana Card?

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Can I Be Charged with Drug Possession If I Have a Medical Marijuana Card?

weed leaf against white backdrop

While marijuana is classified under the strictest category of “Schedule I” controlled substances in Florida, certain individuals are able to obtain this drug legally for medical use. A medical marijuana card is granted to those suffering from “debilitating conditions” enabling them to purchase this drug in restricted quantities from legal dispensaries.

However, just because you have this card doesn’t mean you’re immune to the law. There are strict rules around the purchasing and usage of legal marijuana in the state, and any violations could result in you being prosecuted.

Who Can Obtain a Medical Marijuana Card in Florida?

Marijuana medical cards are reserved for those suffering from chronic illness or conditions, such as epilepsy, glaucoma, PTSD, Crohn’s disease, and multiple sclerosis. If your symptoms do not match the state’s criteria, it’s unlikely that you will receive permission to purchase legal weed.

Before you can get your card, you will have to visit a certified physician and obtain a recommendation that you use medical cannabis. This physician will then enter your details into the Florida’s Marijuana Registry. At this point, you can now apply for your card. (Take note: You will have to visit your doctor once every 210 days to retain your prescription.)

Can I Still Be Arrested with a Medical Marijuana Card?

Yes. Any marijuana purchased using your card is intended to be used for medical reasons only. As such, you are prohibited from using any high-THC medication in a public setting or while making use of public transport.

Additionally, all marijuana must be obtained through a legal dispensary. If you are caught with weed that was purchased from somewhere else, this is considered a violation of the law and you may be charged with possession.

You are also required to keep medical marijuana in its original packaging which displays all relevant information about your prescription. Finally, even if you have a card, you cannot grow your own weed. Growers often face far harsher penalties as they are usually charged with trafficking rather than just possession.

What Happens If I’m Arrested for Marijuana Possession?

While this can be a terrifying ordeal, an arrest doesn’t necessarily mean you will be convicted. You have a right to defend yourself against the charges and—with strong evidence and the right strategies—you may be able to have your penalties reduced or your case dismissed. A criminal defense attorney may be able to help you build a strong defense by investigating the circumstances surrounding your arrest and gathering any evidence that might help show that you’ve been unfairly charged.

Discuss Your Case with a Port St. Lucie Drug Crime Lawyer

If you were arrested for drug possession, it’s important to do everything in your power to fight the charges. A conviction could lead to jail time, fines, and a host of other penalties that may affect your life for years down the line.

Attorney Todd A. Kawecki can help guide you through the weeks ahead, providing support and tenacious representation at each new step. Call us today at 772-485-4500 or tap through to our Contact Page to request a free case review with a Florida drug crime lawyer.

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