Florida Medical Marijuana Laws

Like most states, Florida does not explicitly allow medical marijuana despite the efforts by supporters of legalization. Nonetheless, in Jenks v. Florida, the Florida courts recognized using marijuana for medical purposes as a valid necessity defense to marijuana possession charges. This means that if you are a medical user, even though you can still be arrested and charged with possession, you can offer medical necessity as a valid defense against conviction. If you want to know if the medical necessity defense is applicable in your situation, contact a Florida marijuana lawyer.

What is the Medical Marijuana Registry?

States with legalized medical marijuana typically keep a registry to assist law enforcement officials in identifying individuals who have a valid doctor’s recommendation for marijuana. Because Florida does not have legalized medical marijuana by statute, there is no state registry. Those individuals who are on registry lists in other states receive no outright legal benefits from prosecution, but may qualify to use medical need as a defense in Florida.

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