Is Edible Medical Marijuana Legal in FL?

A Legal Alternative to Smoking Medical Marijuana

Although medical marijuana was approved by voters in 2016, smoking the drug became legal in 2019. Now in 2020, the state expanded its medical marijuana laws to include edibles. Edibles are cannabis-infused food and beverages. This significant progression will allow qualified patients to have more alternatives to treat their medical conditions. Typically, such patients have serious conditions such as:

  • Cancer
  • ALS
  • PTSD
  • Epilepsy
  • Parkinson’s

Thus, Florida’s new edible medical marijuana law will broaden the cannabis options these patients can access. Let’s review this new legislation:

  • Edibles cannot have primary or bright colors to minimize attraction to children
  • Edibles can come in the form of lozenges, gelatins, baked goods, chocolates and drink powders
  • Edibles must not resemble any commercially available candy
  • Edibles must be packaged appropriately
  • Tetrahydrocannabinol (THC) levels in edibles must not exceed 10 mg in single servings or 200 mg in multi-servings

Medical Marijuana DUI & Drug Possession Crimes in FL

While these rules are exciting for hundreds of thousands of medical marijuana patients in Florida, there are consequences for those who violate them. You cannot use or administer medical marijuana or any kind in a vehicle or else you may suffer a DUI charge that carries the following penalties:

  • First offense: $500 to $1,000 fine, 6-month driver’s license suspension and/or up to 6 months in prison.
  • Second offense: $1,000 to $2,000 fine, a maximum 1-year license revocation, 1-year ignition interlock device installation and/or up to 9 months in jail.

Further, you could get accused of drug possession if an officer discovers that you possessed edibles and are not a registered Florida medical marijuana patient. Drug crime charges are among the most serious allegations one can get, even if they involve medical marijuana. A drug possession conviction could result in the following penalties.

  • First-degree felony punishable by a $10,000 fine and/or up to 30 years in prison.
  • Second-degree felony punishable by a $10,000 fine and/or up to 15 years in prison.
  • Third-degree felony punishable by a $5,000 fine and/or up to 5 years in prison.
  • First-degree misdemeanor punishable by a $1,000 fine and/or up to 1 year in jail.

If you were accused of a crime involving medical marijuana, it is in your best interests to build your defense right away. The more time a West Palm Beach criminal defense attorney has to strategize your case, the better. Contact the Law Offices of Phillip T. Ridolfo, Jr. at (561) 475-2752 today!


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