Marijuana Possession: Don’t Let Your Defenses Go Up In Smoke

There is no doubt views regarding marijuana usage in the State of Florida are changing. Beginning in 2016, medical marijuana was introduced. Since then, it has been tweaked and expanded in a variety of ways, including the legalization of smokable marijuana for medical card holders.

This year, the legislature will consider a bill to improve access to expungement of misdemeanor marijuana convictions, but make no mistake, recreational marijuana possession is still a crime. Let me walk that back a little bit; the psychotropic component of marijuana (THC or cannabis) is still illegal. The non-psychotropic component (CBD or hemp) is legal. I’m sure you’ve seen CBC shops popping up the past few years.

In response to the introduction of CBD, many law enforcement agencies and state attorneys in Florida changed their positions on how to enforce marijuana possession, some even making policy decisions to discontinue arrests or prosecutions. To my knowledge and experience, that hasn’t occurred in the Jacksonville area. Two weeks into 2021, public records indicate that both the Jacksonville Sheriff’s Office and the Clay County Sheriff’s Office are still making misdemeanor arrests for marijuana possession.

Prior to the legalization of CBD, prosecution for marijuana possession typically involved using its distinct appearance and odor as evidence to identify the substance. Now, police and prosecutors can no longer rely on those characteristics alone as proof the substance in question is illegal.

If you have been arrested or cited for possession of marijuana, the legalization of smokable marijuana for medical card holders and the legalization of CBD may have created potential legal defenses in your case. If this is you, don’t just assume your charges will be dropped, please considering hiring Luke Law, LLC to defend you. We can be reached at 904-637-2700 or contacted anytime through our website.

*Disclaimer: This blog post is not intended to be legal advice. We highly recommend speaking with an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*