Although marijuana is illegal under federal law, 15 states and the District of Columbia allow adults to possess and use limited amounts of recreational marijuana. 36 states also allow the use of medical marijuana. In July, South Dakota will become the 16th state to allow the recreational use of marijuana.
Because federal law supersedes state law, you can be arrested and charged with possession even if you are in a state that allows the use of medical or recreational marijuana.
A 2020 Gallup poll found 68 percent of Americans support the legalization of marijuana. In fact, last year, the House of Representatives passed legislation to decriminalize marijuana. Although the legislation did not pass the Senate, many politicians vow to continue to seek a change in marijuana policies.
What is Medical Marijuana?
All marijuana comes from the Cannabis sativa plant, which contains over 0.3 percent THC. This is why some people refer to marijuana as cannabis. While there are many active compounds in cannabis, it is primarily THC (delta-9 tetrahydrocannabinol) that delivers a “high.”
Another product, known as hemp, also comes from Cannabis sativa but contains less than 0.3 percent THC. Federal law allows the consumption and use of products like CBD that are derived from hemp because they contain only trace amounts of THC.
In states where it is legal, doctors prescribe medical marijuana to relieve pain, nausea, and other serious or chronic symptoms.
State laws vary over which health conditions allow adults, and sometimes children, to qualify for treatment with medical marijuana. In Florida, the following are qualifying conditions:
- Chronic pain
- Post-traumatic stress disorder
- Depression and anxiety
- ALS
- Cancer
- Crohn’s disease
- Epilepsy
- Glaucoma
- HIV/AIDS
- Multiple Sclerosis
- Parkinson’s disease
- Pain from terminal conditions
To legally use medical marijuana in Florida, you must receive a qualifying diagnosis from a medical marijuana licensed physician, then register with the state and complete an application issued by the Florida Office of Medical Marijuana Use. You must also pay a $75 fee to register as a medical marijuana patient.
Patients can only legally purchase medical marijuana from a licensed Medical Marijuana Treatment Center. It is illegal to purchase marijuana that is homegrown.
What is Recreational Marijuana?
People use recreational marijuana for enjoyment rather than for medical conditions. Many users believe marijuana is safe because it is now legal in so many states. But marijuana use can be dangerous.
- Recent data suggest that 30% of those who use marijuana may have a marijuana use disorder. People who begin using marijuana before the age of 18 are four to seven times more likely to develop a marijuana use disorder than adults, according to the National Institute on Drug Abuse (NIDA).
- Individuals who use marijuana on a regular basis may have a higher risk for psychiatric disorders, including schizophrenia, depression, anxiety, and other substance use disorders, according to NIDA.
- Serious side effects can occur, including elevated heart rate, increased risk of heart attack and stroke, hallucinations, impaired memory, and more.
Penalties in Florida for Illegal Possession of Marijuana
A constitutional amendment legalized the use of prescribed medical marijuana in Florida in 2016, but recreational use remains illegal in the state.
In Florida, possession or sale of over 20 grams of marijuana is a felony and can carry a sentence of up to 30 years and a $50,000 fine. Possession or sale of hash or marijuana concentrates is also a felony in the state.
Possession or sale of 20 grams of marijuana or less is a misdemeanor. Those convicted may receive a one-year sentence, a maximum fine of $1,000, and may have their driver’s license suspended.
Penalties for illegal possession or use of recreational or medical marijuana and for the transportation and cultivation of cannabis vary in each state. Wikipedia gives a state-by-state breakdown of penalties.
Marijuana Legislation
In Florida
Orlando Rep. Carlos Guillermo Smith and Pinellas County Sen. Jeff Brandes recently introduced legislation to legalize recreational marijuana in Florida and to prevent employees who test positive for marijuana from receiving punitive action even though they have a prescription.
The bill also seeks to create various licensing categories for growing, processing, selling, and transporting marijuana to allow opportunities for more businesses. Tax revenue generated by these businesses would help address Florida’s current budget deficit, according to Rep. Guillermo Smith.
Brandes says if the bill doesn’t pass this year, he will support a marijuana legalization ballot initiative for the 2022 gubernatorial election.
Federal Legislation
Senate Majority Leader Chuck Schumer of New York and Sens. Cory Booker, of New Jersey and Ron Wyden of Oregon, have stated their intentions to push legislation in 2021 to end the federal prohibition on marijuana.
In an interview with CNBC, Schumer states, “The War on Drugs has been a war on people-particularly people of color.” He believes our law enforcement system unfairly targets people of color through widespread search and seizures and in the length of prison sentences.
The senators also said that by ending the federal marijuana ban and ensuring “restorative justice,” the legislation would “protect public health and implement responsible taxes and regulations.”
As of March 2021, legislators have introduced dozens of bills around the country seeking changes to state cannabis policies. Proponents argue that marijuana reform legislation can provide jobs, increase small business opportunities, and produce hundreds of millions of dollars in tax revenue for states. Opponents of legalization argue that marijuana use can increase substance use disorders and worsen mental health conditions.
Turning Point of Tampa has been offering Licensed Residential Treatment for Addiction, Eating Disorders and Dual Diagnosis in Tampa since 1987.
