Marijuana and Medical Marijuana Drug Offense

Marijuana and Medical Marijuana 

As a rule, marijuana possession is illegal in Florida, and it may be charged as a misdemeanor or as a felony depending on the quantity involved. Possession of synthetic marijuana, however, has a harsher penalty than ordinary marijuana possession.

Moreover, the possession of a large quantity of marijuana, measuring equipment, and other drug paraphernalia may constitute intent to distribute in a charge for possession of marijuana with intent to sell. There is also a presumption of the intent to sell when the defendant possesses at least 25 marijuana plants.

Medical Marijuana

Section 381.986 allows qualified doctors to order medical marijuana (cannabis) for patients with certain conditions. There are two types of cannabis products permitted by law:

• Low-THC Cannabis
  • Allowed for patients with cancer or a condition causing chronic seizures or muscle spasms
  • This type has low levels of the psychoactive ingredient and does not usually produce the same high ordinarily associated with marijuana

• Medical Cannabis
  • Allowed for terminally-ill patients
  • Can have a significant level of THC which can lead to a high that is commonly associated with cannabis

Only qualified doctors who have completed the prescribed physician education and training can order medical marijuana. It is a misdemeanor for a doctor to order medical marijuana when he or she does not have a reasonable belief of the cancer, medical condition causing chronic seizures or muscle spasms, or the terminal illness of the patient.

It is also a misdemeanor for anyone to misrepresent having cancer, a medical condition that produces chronic seizures or severe and persistent muscle spasms or that he has a terminal condition, for purposes of illegally obtaining medical marijuana. Even with authorized use, the law prohibits using medical marijuana or administering it in plain view or while in a public place.

Schedule 2 Drugs

Florida Statutes classifies drugs and illegal substances according to their potential for abuse and dependency and accepted medical use. The drug groupings are found in Schedules 1 to 5 of Florida Statutes Section 893.01.

Schedule 2 drugs have a high potential for abuse and have severely restricted medical use in treatment in the US. They include:

• Opium and its derivatives
• Cocaine and its derivatives and compounds
• Methamphetamine
• Codeine
• Morphine
• Oxycodone

Possession of at least 4 grams of Schedule 2 drugs is a second degree felony that may be punished with imprisonment of up to 5 years and a fine of up to $5,000. Trafficking of any of the Schedule 2 substances further carries a mandatory minimum sentence of 3 years and $50,000 fine. Drug offenses are also punished by suspension of your driving license.

In Stuart, Florida, the Law Offices of Keith Bregoff, PA have more than 2 decades of litigation experience, helping clients charged with drug offenses. We examine all angles of each case, determine drug crime defenses available to the client, and work very hard either to have the charges dismissed or reduced, depending on the circumstances.

Call us today at (772) 492-8967 to set a free consultation with our Attorney Keith Bregoff.