by Matt Williams

Criminal DefenseApril 20, 20210 comments

It’s 420! Can the Police Still Take Me to Jail in Florida for Weed?

Yes, marijuana is still illegal in Florida and the police can still take you to jail for possessing flower, wax, crumble, RSO, tinctures, edibles or THC oil.  Most jurisdictions in Florida have started handing out citations for possession of less than 20 grams of flower, but the police in Florida will charge you with a third-degree Felony if you are caught with any concentrates, edibles or oils.  Here are some things you should consider if you’re celebrating 420 this year.

1. Possession of less than 20 grams of marijuana in Florida is still a misdemeanor and possession of more than 20 grams of marijuana is a third-degree Felony. 
2. If you are caught with edibles, concentrates, or any form of THC other than flower then you can be charged with a third-degree felony also, even if you have less than 20 grams.
3. If you have your medical marijuana card then you can legally possess up to 2.5 ounces of marijuana at a time.  You can also legally possess THC in any form.  That means you can have edibles, concentrates and oils as long as you have your medical marijuana card.
4. If you have your medical marijuana card then you can consume medical marijuana on private property, but you are not allowed to consume medical marijuana in a vehicle, in a boat or on public property, so plan accordingly.
5. If you have a medical marijuana card then you can still be arrested for DUI, so if you are pulled over then you should never tell an officer that you just finished smoking or consuming marijuana.
6. If you have a medical marijuana card then your probation officer cannot violate you for smoking marijuana.
7. If you have a medical marijuana card you can still get your concealed weapons license in Florida.
8. Your employer can still drug test you and fire you for testing positive for marijuana, even if you have your medical marijuana card.
9. If you do not have a medical marijuana card from Florida then you cannot use your medical marijuana card from another state to purchase or possess marijuana in Florida.
10. Never keep your marijuana in plain view.  If you don’t have a medical marijuana card and an officer sees a joint in your car, then the officer will have probable cause to search everywhere, so make sure you put your weed away before you get on the road.

Enjoy 420, but if an officer stops you, searches you or takes you to jail for possession of marijuana, then you need to call a lawyer.  Regardless of the situation, you need an experienced attorney to review your case, determine if the stop was legal and fight for your rights after your arrest.  

There are many more benefits to hiring an attorney if you were arrested, and it’s important for you to choose the right attorney. Matthew Williams and the Law Office of Matthew Williams focus primarily on criminal defense matters in North Florida, and he’s been handling cases involving illegal traffic stops, possession of marijuana, and interactions with the drug task force his entire career. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let law enforcement, state attorneys, or the criminal justice system stand in the way of getting his clients the justice they deserve. He obtains the best results for his clients and he’ll do the same for you. Give the Law Office of Matthew Williams a call now.