It looks like an amendment to legalize medical marijuana is going to be back on Florida’s ballot this November. After United for Care, a pro-medical marijuana legalization campaign run by People United for Medical Marijuana, submitted the required petitions needed by the January 31st deadline, the amendment proposal formally made the ballot for this year’s presidential election.
The proposed amendment would make it legal for people suffering from debilitating medical conditions such as cancer, multiple sclerosis, and epilepsy to use marijuana when recommended by doctors. It also sets the mandate for the Florida Department of Health to hand down guidelines for registering and regulating centers to produce and distribute marijuana for medical purposes and issuing patient and caregiver ID cards.
If at least 60 percent of voters approve the amendment on the ballot this fall, the measure will pass, officially legalizing the medical use of marijuana in the state.
Will the Medical Marijuana Amendment Pass?
Although a similar amendment fell just short of passing in 2014, proponents of the measure believe that the larger voter turnout expected this year and the less organized opposition will help push the ballot measure to finally pass. While it’s too soon to say how voters will perceive the specific language in this measure, polling from last year does indicate a high level of support for medical marijuana legalization in Florida. In fact, all polls indicate at least the necessary 60 percent approval, and a Quinnipiac University Poll indicated that support for such a measure could be as much as 84 percent.
If medical marijuana is legalized, compassionate care use will become legal, exempting these seriously ill patients from prosecution for marijuana possession and use under Florida law; however, recreational use will still not be allowed under either Florida or federal law. The average person in Florida can—and will— still be prosecuted for possession, growth, and sales of marijuana. While public perceptions of marijuana may be changing here in Florida, it will likely be a while longer before general use and sales of marijuana will not be a legal issue.
Until that day, even possession of less than 20 g of marijuana is a misdemeanor punishable offense in Florida, and any more will lead directly to felony charges. If you are convicted of misdemeanor possession of marijuana, you face up to a year of incarceration and a fine of up to $1,000. Felony charges carry even harsher sentences, including up to 30 years prison if you are caught with enough of the plant.
How the Florida Marijuana Lawyers at Erika Valcarcel, Criminal Defense Lawyer, P.A. Can Help
If you are arrested for marijuana possession in Florida, it’s still a serious situation that requires a strong, passionate defense. Call the Florida marijuana lawyers at Erika Valcarcel, Criminal Defense Lawyer, P.A. today at (941) 363-7900 for a free consultation. Find out how we may be able to help you fight the charges and get the best possible outcome for your case.
View All Blogs"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
