Marijuana and a Prescription PadFlorida law allows patients to legally use marijuana for specific medical conditions, including cancer, anxiety, autoimmune disease, PTSD, epilepsy, glaucoma, multiple sclerosis, and other painful or debilitating illnesses. However, there are some instances where you could be arrested for possession even after a doctor has approved your medical marijuana card. Our Florida drug defense attorneys explain how to avoid a conviction and permanent criminal record for medical marijuana possession. 

Can I Be Arrested for Drug Possession With a Medical Marijuana Card?

While many states have decriminalized and legalized cannabis, Florida law still classifies marijuana as a Schedule I controlled substance. Depending on how much is found on your person or your property, you could face significant penalties if you aren’t following the legal guidelines of medical marijuana.

Even if you have a medical marijuana card, you still must follow state laws about obtaining and using cannabis. You could be arrested for possession if you:

  • Use cannabis in public. Florida medical marijuana laws prohibit the usage of high-THC medications in public areas or on public transport. High-THC medications can only be consumed in a private residence. However, low-THC medications (such as CBD) can legally be used publicly.
  • Bought cannabis illegally. All marijuana products in your possession must be obtained through a legal dispensary.
  • Are carrying marijuana without a medical label. Cannabis obtained legally must be carried and stored in its original packaging.
  • Are growing marijuana. Growing marijuana plants is illegal regardless of medical marijuana cardholder status. Growers can face criminal charges for possession of marijuana plants or even trafficking charges.

Contact an Okaloosa County Drug Defense Attorney

If you or a loved one have been charged with a drug crime in Okaloosa County, call Flaherty & Merrifield today at (850) 243-6097 for a free consultation.


Tim Flaherty
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Florida Criminal Defense Attorney
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