Medical Marijuana

Medical marijuana has become widespread in the United States in the last few years. Florida now joins the many other states to have passed laws legalizing the use of medical cannabis. Federally, marijuana is still an illegal controlled substance.

Qualifying patients must be diagnosed with one of the listed debilitating medical conditions to have access to medical marijuana. In addition, patients are prohibited from smoking cannabis. Instead, Florida law has allowed medical marijuana patients to administer it only through pills, oils, or vaporization.

Even if a person meets all the requirements to legally obtain medical marijuana, they can sometimes have trouble accessing their medication. This especially happens when he or she is suffering from their conditions in a public space. If a person has been charged with a crime due to their use of medical marijuana they should contact a licensed criminal defense attorney.

Lawyer for Medical Marijuana in Brooksville, FL

Have you been arrested for a marijuana crime in Hernando County or its surrounding counties? Do you have a cannabis prescription for a medical condition? It is crucial that you contact an attorney and get legal counsel as soon as possible. Reach out to The Law Office of Ashley Aulls, P.A. to speak to a licensed attorney.

The Law Office of Ashley Aulls, P.A. wants to defend your rights and help you prove your medical needs. If you have been charged with a marijuana possession or a related charge in the Brooksville area, call The Law Office of Ashley Aulls, P.A.. We accept clients throughout the Fifth Judicial Circuit, including Citrus County, and Sumter County.

Dial (352) 593-4115 or fill in an online contact form today to set up your non-obligation initial consultation.

Medical Marijuana under Florida Law

Governor Rick Scott signed the Compassionate Medical Cannabis Act in 2014. The act legalized medical marijuana in the state of Florida. This allowed the cannabis strain “Charlotte’s Web” to be legalized for a very limited group of patients. Charlotte’s Web had only 0.8 percent of tetrahydrocannabinol (THC) and led to positive results for the qualifying patients.

In 2016 the Florida Medical Marijuana Legalization Initiative passed with 71.32 percent of the Florida vote. It is commonly known as Amendment 2. The initiative listed the requirements and medical conditions a person must meet to have access to medical marijuana.

Patients who have been approved to use marijuana for medical purposes are not subject to criminal or civil liability for cannabis possession sanctions under Florida law. Therefore, if a qualifying patient possesses medical marijuana they should not face an arrest.

Some medical conditions listed under Amendment 2 are:

  • Epilespy;
  • Glaucoma,
  • Post-traumatic Stress Disorder (PTSD);
  • Crohn’s Disease;
  • Amyotrophic Lateral Sclerosis;
  • Cancer;
  • Human Immunodeficiency Virus (HIV);
  • Multiple Sclerosis (MS);
  • Parkinson’s Disease;
  • Chronic nonmalignant pain;
  • Medical conditions of the same kind or class as comparable to the aforementioned; and
  • A terminal condition diagnosed by a physician other than the qualified physician.

Possible Defenses for Medical Marijuana in Brooksville, FL

Marijuana may be legalized for medical purposes, but possession of recreational cannabis is still illegal in Florida. If a person possesses marijuana, he or she may face criminal charges. Circumstances surrounding medical marijuana patients can be complex, and misunderstandings can happen.

There are various possible defenses an attorney can utilize to reduce or drop their marijuana charges. One defense is the necessity or behind the duress policy. The necessity defense is when a person is in an emergency situation and, due to extenuating circumstances, finds themselves confronted with a choice of two evils:

  • Committing a criminal offense by the letter of the law with a harmful result; or,
  • Comply with the law but in the process commit an even greater harm.

If the necessity defense is successfully proven to the court, then the crime will likely be excused. See LaFave Scott, 1 Substantive Criminal Law § 5.4, at 627 (1986).

The necessity defense has been exercised before in Florida courts. For instance in Jenks v. State, 582 So. 2d 676 (Florida 1st DCA 1991), the appellate Court reduced a marijuana cultivation conviction where the defendants showed proof of medical necessity. The defense was in compliance with Florida statutes § 2.01 under the following circumstances.

The defendants had no control over the circumstances which required the choice between the lesser of two evils;

  • No less harmful alternative was available; and
  • The harm sought to be avoided was less offensive than the criminal acts committed to avoid it.

Marijuana offenses can carry heavy penalties. However, there are legal routes a person can make to avoid severe consequences. If you have been struggling with a cannabis charge, it is in your best interest to contact a qualified criminal defense attorney.

Additional Resources

Office of Medical Marijuana Use – Visit the Florida Department of Health’s website and read more on the office of medical marijuana. See Florida medical marijuana treatment centers, the medical marijuana use registry, and some physicians who are qualified in prescribing medicinal cannabis.

Drug Facts: Marijuana as Medicine – Visit the National Institute on Drug Abuse’s website to read verified research on medical marijuana. Learn the difference between cannabinoids and standard marijuana, why marijuana isn’t FDA approved, and what conditions medical marijuana can treat.

NORML: Florida Medical Marijuana Law – Visit NORML a nonprofit, public-interest lobby that for more than 40 years has provided a voice for Americans who oppose marijuana prohibition. Read what qualifying conditions fall under Florida medical marijuana laws, see the possession limits that patients have, and the estimated number of registered patients.

Florida Medical Cannabis Clinic – Vist the Florida Medical Cannabis Clinic’s website and read how their team provides individualized and compassionate medical marijuana evaluation and treatment in accordance with Florida State law.

Locating an Attorney for Medical Marijuana in Hernando County, FL

Have you or someone you know been charged with a cannabis offense despite you medical need for marijuana? If this applies to you, then it is essential that you immediately retain legal counsel.

The Law Office of Ashley Aulls, P.A. is passionate about defending individuals all over the Hernando County and it’s bordering counties including Inverness in Citrus County, Bushnell in Sumter County, and Brooksville in Hernando County. .

Ashley Aulls has practiced law since 1996. The Law Office of Ashley Aulls, P.A. is familiar with local law enforcement agencies after an arrest such as the Hernando County Sheriff’s Office, the Brooksville Police Department, the Sumter County Sheriff’s Office, and the Bushnell Police Department; and the Citrus County Sheriff’s Office.

Defend your right to your health and get legal representation from a qualified criminal defense attorney. Call (352) 593-4115 or submit an online contact form today to start a plan today.

This article was last updated by Jordan Anderson, on June 29th, 2018.