So, it finally came, your brand new, shiny State issued ID that entitles you to purchase medical marijuana legally through a licensed dispensary. And you’ve gone through the process of purchasing your new medicine…. So now what? Do you have an unfettered license to chill whenever you see fit? Not exactly. Here are three things you must know about your new prescription…
- You may not smoke your prescription. Cannabis dispensaries offer a variety of products, including THC oils, topical creams and actual cannabis flowers or “buds,” however, these flowers may not be smoked legally. They may be consumed with the use of a vaporizer (medical delivery device), however, they must remain in the child proof container in which they came, which fits into the vaporizer like a coffee k-cup…. Additionally, you may only use a vaporizer that is issued by a licensed dispensary. Ordering a vaporizer from an unlicensed dealer on-line, and using it with your legal prescription could cause you problems with the law when you get caught.
- You may not consume your prescription anywhere. It is unlawful to consume your legal medical cannabis within eye distance of a public place, or in a vehicle, boat, train or aircraft. Even if you are safe from the possession laws, you may still be arrested for DUI if you are believed to be driving or in physical control of a motor vehicle while impaired by cannabis.
- You Must Carry Your Card! Not having the card with you can cause you serious problems. They can be remedied to some extent if you can present your card to the clerk of court prior to any court date on the issue. But along the same lines, you must also carry the actual prescription, or print out that comes with the medical marijuana. In other words, you need to be able to show that you have the documentation indicating that whatever medicine is in your hand was provided to you from a licensed dispensary. You are not allowed to go get your own product on the black market.
If you are a legal prescription holder that has been arrested for possession of your legal medicines, or for DUI as a result of those medicines, contact us at the Ferraro Law Group for a confidential consultation.
In November 2016 the most publicized issue at the voting polls was the choice of president, but there were more issues on the election ballot than just the race for the White House. Most states had local issues to decide and here at home one of those issues was the legalization of marijuana for medicinal purposes. Known as Amendment 2, the measure passed with just over 70% of the vote. But the “yes” vote was not an all clear to do as one wishes, and in the months that have followed there have been additional questions that have arisen, and getting answers is imperative if anyone is expected to act within the letter of the law.
A quick three point update on the status of medical marijuana in Florida includes the following information:
- Of key concern to law enforcement officials is clarification on when, where, and how a dispensary will operate. This type of clarification is needed if law and order is to have any place within this new law.
- What type of use will be permitted, vaping or smoking?
- Growers have a large stake in the final version of the law, because they have invested a significant amount of time and money on this issue.
The State’s lawmakers have been tasked with implementing a law that operates in the way the voting public expected. The problem is that it is difficult to write a law that encompasses every voter’s needs or wants. The end result could be a law that sees a lot of legal challenges before there is any set groundwork for what is legal and what is illegal. In the meantime, we will keep our eyes on this very important issue, so we can provide accurate advice when required. It is also important to remember that the law will not give a blank check for things like distribution, possession, or other illegal drug activity. If you have questions about the status of medical marijuana or have another drug crime related mater that needs attention, call our office. We have experience defending people charged with drug crimes and will aggressively defend any charges against you.
For more information about drug charges, call our office. Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.
November brings Thanksgiving and Black Friday, two of America’s favorite days. This year though, November will also bring a vote to Floridians on the issue of medical marijuana. With this vote, there are sure to be more questions than answers. Will we see an increase in claims of medical use, as a defense to possession charges? Will the law be well written so as to avoid confusion over just this issue? Or will we face an onslaught of cases somewhere in the middle, and be left to figure out the intricacies? Regardless of the outcome, the lawyers at the Ferraro Law Group are closely watching this issue so they can be armed with relevant information for their clients.
The proposed law’s history is relatively short. First contemplated at the beginning of the 2013 legislative session, the idea was quickly tabled. Now, just over a year later the issue will be put before the voters. Proponents of medical marijuana argue:
● The health benefits for certain illnesses are served by use of medical marijuana over other, more traditional treatments
● The federal government has held the patent on medical marijuana for three decades
● Much needed grant money would become available to colleges and universities wishing to undertake studies were cannabis not illegal
We endeavor to stay on top of all the latest developments in the law, so we can pass on solid advice when our clients need it most. In the arena of medical marijuana, many questions still remain. However, we work tirelessly in our efforts to continually evolve and educated ourselves. Our mission is to provide zealous advocacy for every case.
Experienced criminal defense attorneys in Stuart and the Treasure Coast fight aggressively for your rights. We offer free initial consultation and remain up to date on the latest legal developments. Call today to schedule an appointment for criminal defense matters.