While cannabis has been legalized for medical purposes in half the states in the nation and some have decriminalized or even legalized recreational use of it, marijuana remains classified as a Schedule I controlled substance under both state and federal law in Florida. As a result, people who are accused of possessing even small amounts of this drug can face very serious criminal charges.
Florida has taken small steps toward making it legal for a limited number of people to legally possess medical marijuana, but even approved patients are subject to significant restrictions on how cannabis is consumed. Convictions for marijuana-related crimes not carry possible prison sentences and large fines, but also many long-term consequences that can possibly involve driver’s license suspensions, loss of certain civil rights, and ineligibility for numerous benefits.
Convictions for marijuana-related crimes not carry possible prison sentences and large fines, but also many long-term consequences that can possibly involve driver’s license suspensions, loss of certain civil rights, and ineligibility for numerous benefits.
Attorney for Marijuana Offenses in Miami, FL
If you were arrested for any kind of alleged cannabis-related crime in South Florida, it is in your best interest to immediately retain legal counsel. Hubbs Law aggressively defends clients in Miami, Homestead, Hialeah, Coral Gables, Miami Gardens, and many other nearby towns, villages, and unincorporated areas in Miami-Dade County.
E.J. Hubbs is a criminal defense lawyer in Miami who is Board Certified by the Florida Bar in criminal trial law. You can have him provide an honest and thorough evaluation of your case as soon as you call (305) 665-9040
to take advantage of a free, confidential consultation.
Miami-Dade County Marijuana Crimes Information Center
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Common Marijuana Offenses in Florida
When a person is accused of a cannabis-related crime, the amount of marijuana involved as well as the specific type of alleged activity and the alleged offender’s criminal record can impact the severity of the criminal charges. Law relating to cannabis are established under Chapter 893 of the Florida Statutes, also known as the “Florida Comprehensive Drug Abuse Prevention and Control Act.”
Hubbs Law defends clients who have been accused of such marijuana offenses as:
- Possession of Cannabis (Marijuana) under 20 grams;
- Possession of Cannabis, 20 grams or More;
- Possession of Cannabis with Intent to Sell;
- Delivery of Cannabis; and
- Trafficking of Marijuana.
Many believe that legalizing marijuana will decrease the use of prescription drugs, analog drugs, synthetic opioids compounds, synthetic cannabinoids, and other hard drugs which are more dangerous.
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Medical Marijuana in Miami, FL
The low-potency strain of cannabis known as “Charlotte’s Web” was legalized when Governor Rick Scott signed the Compassionate Medical Cannabis Act of 2014, but the strain of marijuana that is high in cannabidiol but low in tetrahydrocannabinol (THC) was only available to a limited number of approved patients. Additionally, its use was limited to pills, oils, or vaporization, as the bill prohibited administration by smoking.
That same year, a citizen-initiated amendment that sought to expand the number of approved patients and how marijuana could be administered received the support of 57.62 percent of Florida voters. That total, however, failed to satisfy the 60 percent supermajority vote needed to pass a constitutional amendment.
Amendment 2, the Florida Medical Marijuana Legalization Initiative, was passed with a supermajority in November of The amendment allows for medical use of marijuana by individuals with such debilitating medical conditions as “cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.”
The civil citation for misdemeanor possession of marijuana in Miami, FL, was implemented on July 10, 2015. Since its inception, 3,712 civil citations have been issued in lieu of arrest in Miami-Dade County, FL. The marijuana civil citation program has impacted the criminal justice system dramatically by reducing the number of police officer hours needed to enforce this violation of law. More 53 percent of the violators were first-time offenders that were saved from having a criminal arrest record.
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Florida Marijuana Crime Resources
Miami National Organization for the Reform of Marijuana Laws (NORML) (Magic City) — Visit this website to learn more about the Miami chapter of NORML, a nationwide nonprofit organization that opposes prohibition or marijuana and has fought to significantly lower criminal penalties for cannabis-related offenses. You can find information about other Florida chapters, marijuana laws, and the chapter’s officers. You can also view recent news releases, state arrest data, and a “Congressional Scorecard” for state legislators.
United for Care — The United for Care Campaign is run by People United for Medical Marijuana, a Florida-based political action committee (PAC) seeking to legalize medical marijuana. Visit this website to learn more about Amendment 2 ballot language, conditions that are treated by medical cannabis, and endorsements the organization has received. You can also find answers to frequently asked questions, campaign videos, and a calendar of upcoming events.
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Finding an Attorney for Marijuana Offenses in Miami-Dade County, FL
Were you arrested in Miami-Dade County, FL, for any kind of alleged cannabis-related crime? Do not say anything to authorities until you have contacted Hubbs Law.
Miami criminal defense attorney E.J. Hubbs represents clients all over Miami-Dade County, including Miami Beach, Aventura, Doral, Cutler Bay, Palmetto Bay, and many surrounding areas.
Call (305) 665-9040
or complete an online contact form to schedule a free initial consultation that will let our lawyer review your case and discuss your legal options.
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This article was last updated on Tuesday, June 13, 2017.