Medical Marijuana: Florida

A defense of medical necessity has been established in Florida case law, however, as legislators have yet to enact a medical marijuana law, those suffering from a variety of serious medical conditions risk arrest and jail for using cannabis. In fact, Florida has the harshest marijuana penalties in the country.

Cases that determined that Medical Necessity is an allowable defense included: State vs Musikka, State vs Jenks, and State vs Sowell. In State vs Baranoff, a Medical Necessity Distribution defense was established allowing patients in need access to their medicine. Despite these precedents, Florida cannabis penalties remain ruthless:

Marijuana Related Penalties in Florida

• Possession of 25 or more plants (formerly 300 plants) is prima facie evidence of intent to sell or distribute, and is a second degree felony carrying a maximum penalty of 15 years in jail and a $10,000 fine
• Possession of 20 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000
• Possession of greater than 20 grams of marijuana is a felony, punishable by up to five years in prison and a fine of up to $5,000
• The delivery of 20 grams or less of marijuana for no consideration is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000
• Sale, delivery or cultivation of any other amount up to 25 lbs is a felony and punishable by up to five years in prison and a fine of up to $5,000
• Sale, delivery or cultivation of greater than 25 pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences:
  

• • For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum sentence of three years and a fine of $25,000
    
  • For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum sentence of seven years and a fine of $50,000
    
  • For 10,000 pounds or 10,000 plants or greater, the mandatory minimum sentence is 15 years in prison and a fine of $200,000
    

• Any sale or delivery occurring within 1,000 feet of a school, college, public park, public housing, daycare center, or church is punishable by up to 15 years in prison and a fine of $10,000
• The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000
  
• Conviction of a drug related offense also requires suspension of the offender’s driver’s license for at least six months but not longer than two years.
  

The Florida Medical Marijuana Initiative petition – the right to marijuana for treatment of certain medical diseases and conditions – failed to appear on the November 2 ballot for 2010. The petition called for:

A proposed amendment designed to create a new Article I, Section 28 (“Right to Marijuana for Treatment Purposes”) of the Florida Constitution so as to permit the cultivation, purchase, possession and use of marijuana to treat Alzheimer’s, Cachexia, Cancer, Chronic Pain, Chronic Nervous System Disorders, Crohn’s Disease, Epilepsy and other seizure disorders, Glaucoma, HIV/AIDS, Multiple Sclerosis, Parkinson’s, diseases causing muscle spasticity, or other diseases and conditions when recommended by a physician.

However, as Florida has a rolling program, activists continue to collect signatures: 676,811 valid signatures are needed by January 2, 2012 and verified signatures currently stand at 24,186 – so there is some way to go. To support the cause, visit People United for Medical Marijuana Florida (PUFFM) and follow the on-screen directions.

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