Is my Medical Marijuana Rx a Defense to a Possession Charge?
Out of the gate let’s all be certain that today – recreational possession, use, manufacture or sale of marijuana is illegal in FL; and so if you’re caught with THC in any form – be it plant, ink, oil, chewable or other – and it’s NOT bona fide medicinal, then you’re gonna have a problem.
In order to lawfully possess any THC product in FL it’s gotta be medicinal marijuana, which was legitimately purchased from a licensed dispensary, pursuant to a bona fide prescription, and this can only be lawfully done by someone who possesses a valid medicinal marijuana card.
If you’ve jumped through all of the legal and medical hoops, have acquired BOTH your prescription and your med-mar card, well then you are good to go. You can walk right into your local dispensary and buy whatever they’ll sell you within the parameters of your Rx.
As is the case with any Rx medication, a FL medicinal marijuana card and Rx doesn’t give you Carte Blanche to buy unlimited supplies of whatever THC product that you want. Just like with a pharmacy and any other Rx, the marijuana dispensary and your Rx have limitations.
Still, if you are legally and medically cleared then you are free to buy and to possess all of the “Afghan Slam”, “Bruce Banner”, “Death Star”, “Ghost Train Haze” – whatever – be it plant, cartridge, oil, chewable or other – that your prescription authorizes. If you apply the same rules to your medicinal marijuana as you would to any other Rx (like don’t smoke yourself into a stupor and then drive to 7-11 for Doritos and always carry your med-mar card / Rx with you) then you should be just fine. To paraphrase the world’s most interesting man, is “vape responsibly my friends.
Thank you for your question. I appreciate your having asked it. Please remember that at #HaberPA it’s all about reasonable doubt!
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291) Is my Medical Marijuana Rx a Defense to a Possession Charge in FL? #HaberPA Miami Lawyer