Most marijuana use is recreational, but some people have a medical explanation for their usage. Marijuana, also known as cannabis, can be a less-harm alternative to opioid or opiate painkillers. It may help those with epilepsy or cancer.
Many states, including Florida, have enacted medical marijuana laws. These statutes create the legal framework for the medically-authorized use of marijuana. People participating in medical marijuana programs can usually avoid prosecution if they follow the rules imposed by the state.
Sometimes, people facing accusations of illegal marijuana possession or cultivation may claim that they have a medical reason for using marijuana. Can drug defendants use medical necessity as a defense strategy when facing charges in Florida?
Prior registration is usually necessary
The medical marijuana law in Florida imposes several restrictions on patients. They must obtain a recommendation from a licensed physician, which generally means they have to have one of a limited number of qualifying conditions. They also need to register with the state’s medical marijuana program to obtain protection from prosecution.
People who are not registered patients typically do not have protection from prosecution. That being said, there have historically been cases where medical marijuana users and the people who obtain or grow their marijuana have avoided prosecution or secured the dismissal of pending charges.
Cases involving debilitating conditions, such as amyotrophic lateral sclerosis (ALS), could warrant a medical defense strategy even though the patient did not fully comply with the state registration rules. The severity of the medical condition and the criminal record of the patient may influence whether a claim of medical use is likely to be successful.
Reviewing the circumstances surrounding pending marijuana charges with a skilled legal team can help defendants evaluate their options. There are numerous strategies that can help people avoid convictions, and each case requires a different approach.