Tampa Attorneys Helping People Fight Marijuana-Related Charges

States differ greatly in how they treat marijuana use; while some permit adults to use marijuana for recreational and medicinal purposes, some outlaw its use altogether, while others fall somewhere in between. As such, “is weed legal in Florida?” is a question frequently asked by Florida visitors and residents. It is important for people to know and understand their rights with regard to marijuana use, especially if they are charged with a crime, and anyone with questions about Florida’s marijuana laws should contact an attorney. The dedicated Tampa marijuana crime defense attorneys of Hanlon Law take pride in helping people charged with drug offenses protect their interests, and if you are charged with a marijuana-related offense, we will work tirelessly to help you protect your rights. We frequently defend people charged with drug crimes and other offenses in Tampa and other cities throughout Florida. 

Is Weed Legal in Florida?

In Florida, recreational marijuana use is illegal, while medicinal use is lawful in certain situations. Specifically, it is not sufficient for a person to suffer from an illness and to use marijuana to abate their symptoms for their marijuana use to be legal. Florida law only permits people who have been added to its medical marijuana use registry to use marijuana for medical purposes, and they can only use marijuana that has been provided to them by a medical marijuana treatment center, in the form and dose prescribed by the physician that deemed them qualified to be added to the registry. Only certain medical conditions qualify a person to be added to the registry; they include cancer, PTSD, multiple sclerosis, epilepsy, glaucoma, Crohn’s disease, and Parkinson’s disease. 

Defenses to Marijuana-Related Crimes

If you are faced with marijuana-related charges, you are presumed innocent until proven guilty. To prove you committed the crime you are charged with, the prosecution must prove each element of the offense beyond a reasonable doubt. While there is no standard definition of what “beyond a reasonable doubt” constitutes, it is the highest burden of proof and has often been explained as evidence that allows for no other reasonable conclusion than that the defendant is guilty. While the prosecution faces a high burden of proof to convict you of marijuana-related charges, you do not have any burden of proof and are not required to present a defense. In many cases, though, presenting a defense at trial is in your best interest. 

What defenses are available will vary depending on the facts of your case, but there could be multiple defenses that apply. For example, you may also be able to argue that you lacked the specific intent required for a conviction. Many marijuana crimes require the State to prove that the defendant knowingly and intentionally possessed marijuana. Thus, if the State cannot show you acted with intent or did not exercise the control over the marijuana needed to establish possession, you may be found not guilty. 

Further, in most marijuana crime cases, the State’s case will principally rest on evidence obtained during a search and seizure. If the evidence was not obtained legally, however, the State may be precluded from introducing it at trial. In other words, both the Florida and the United States Constitutions prohibit the government from subjecting citizens to unreasonable searches and seizures. As such, if the police did not have a valid warrant or reasonable suspicion that a crime was being committed prior to conducting the search, the search may be improper, and any evidence obtained during the search may be inadmissible. Even if the police had a warrant, if they exceeded the scope of the warrant, any evidence they found during the part of the search that was beyond the scope might also be inadmissible. 

Consult a Skilled Tampa Criminal Defense Attorney 

Marijuana laws have undergone changes throughout the state and country in recent years, and it is not surprising that people seek answers to “is weed legal in Florida?” and other marijuana-related questions. If you are charged with violating Florida’s marijuana laws or want to learn more about your rights, it is smart to talk to an attorney as soon as possible. The skilled Tampa marijuana crime defense attorneys of Hanlon Law can assess the facts of your case and develop a strategy designed to provide you with a strong chance of achieving a good outcome. We have an office in Tampa and additional offices in St. Petersburg, Clearwater, Sarasota, and Bradenton. You can contact us through our online form or by calling us at 813.228.7095 to set up a confidential and free conference.