Caught With Marijuana in Fort Lauderdale? It Ain’t Legal Yet

Yes, Medical Marijuana will be back on the ballot this November. But, right now if you are caught with it in Fort Lauderdale you have committed a crime.

Marijuana is classified as a Schedule I controlled substance, which means that the drug has a high potential for abuse and has no currently accepted medical use. (Fl. Stat. Ann. § 893.03.)
The possession for personal use, or manufacture, sale, or distribution of marijuana is a crime in Fort Lauderdale. Marijuana trafficking, and possession or sales of drug paraphernalia is a crime.  Florida imposes a range of penalties  under (Fl. Stat. Ann. § 893.13.)

Possession for Personal Use
Possessing 20 or fewer grams of marijuana is a first degree misdemeanor. In Fort Lauderdale this is  punishable with up to one year in jail. (Fl. Stat. Ann. § 893.13(6)(b).)

Purchase or possession of more than 20 grams of marijuana is a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 893.13(2)(a).)

Manufacture and Sale Of Marijuana
It is illegal to manufacture  or sell marijuana in Fort Lauderdale.  Penalties vary based on   the amount manufactured or sold. , It also depends on whether the crime was committed in a drug free area, such as a school or church  (Fl. Stat. Ann. § 893.13(1)(c).)

Manufacturing, selling, or possessing marijuana with the intent to do so, is a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 775.082.)

Marijuana sale or possession within 1,000 feet of a school (between 6 a.m. and midnight), public recreation area, place of worship, public housing facility, or assisted living facility is a second degree felony, punishable with up to 15 years in prison. (Fl. Stat. Ann. §§ 893.13(3)(c)& 775.082.)

Someone who delivers or gives away up to 20 grams of marijuana, without being paid, is guilty of a first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. §§ 893.13(3)(h)& 775.082.)

Someone older than 18 who sells marijuana to a minor is guilty of a second degree felony, punishable with up to fifteen years in prison. Once sentenced, the prison term may not be suspended, reduced, or replaced with probation time. (Fl. Stat. Ann. §§ 893.13(4)(b)& 775.082.)

It is illegal to keep or maintain a store, warehouse, vehicle, or other structure in Florida to cultivate, manufacture, or store marijuana. This is a  first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. § 893.13(7)(a).)

Drug Trafficking
Trafficking is  knowingly selling, buying, or manufacturing marijuana. “trafficking in cannabis,”  is still punishable with up to thirty years in prison, and depending on the specific amounts involved, may include additional penalties. (Fl. Stat. Ann. § 893.135(a).)

Between 25 and 2,000 pounds, or between 300 and 2,000 cannabis plants. Defendants are punished with a mandatory minimum of three years in prison and a fine of up to $25,000. (Fl. Stat. Ann. § 893.135(a)(1).)

Between 2,000 and 10,000 pounds, or between 2,000 and 10,000 plants. Violators are punished with a mandatory minimum of seven years in prison, and a fine of up to $50,000. (Fl. Stat. Ann. § 893.135(a)(2).)

10,000 pounds or more, or 10,000 plants or more. Defendants are punished with a mandatory minimum of fifteen years in prison, and a fine of up to $200,000. (Fl. Stat. Ann. § 893.135(a)(3).)

Importing Marijuana into Fort Lauderdale
It is illegal to bring any amount of marijuana into Fort Lauderdale from out of state. Violations are a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 893.13(5).)

Drug Paraphernalia Charges
It is illegal in Florida to possess, use, manufacture, sell, or deliver drug paraphernalia. This includes objects used to grow, harvest, manufacture, store, or use marijuana. Penalties vary according to the violation. (Fl. Stat. Ann. § 893.147.)

Possession and use. Violations are a first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. § 893.147(1).)

If you manufacture or possesses paraphernalia with the intent to sell it you are  guilty of a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 893.147(2).)

If you are  older than 18 and  who sell drug paraphernalia to a minor you will be  guilty of a second degree felony, punishable with up to 15 years in prison. (Fl. Stat. Ann. § 893.147(3).)

The Future Of Legalization In Florida

The Florida Cannabis Act (#15-19) did not make the November 8, 2016 ballot in the state of Florida as an initiated constitutional amendment.

The measure would have legalized possession of up to one ounce of marijuana by residents at least 21 years old. Residents would have also been allowed to cultivate up to six plants per household, but only three or fewer plants could have been mature or flowering. The plants would have needed to be grown in “an enclosed, locked space,” and users would have not been permitted to sell the plants they grew.

Under the amendment, marijuana would have been treated like alcohol—it would have been prohibited for residents under 21 years of age, consumers would have needed to show proof of age before purchasing marijuana from retail facilities and it would have been illegal for anyone to drive while impaired or under the influence of marijuana. The amendment also outlined regulations for marijuana cultivation, retail marijuana sales and manufacturing marijuana products.

Florida medical marijuana will be on November 2016 ballot

Is There a Next Step? From Medical to Recreational?  Perhaps So.