Medical marijuana has been legal in Florida since 2016—and nearly 900,000 Floridians use it regularly. But what happens if you’re charged with drug possession despite having a valid medical marijuana card?
You might be surprised to learn that you can still face drug-related charges in Florida—even if you’re a legal medical marijuana patient.
Here’s what to know if you’re facing marijuana charges in Fort Lauderdale or South Florida.
🚨 When Can You Be Charged for Medical Marijuana in Florida?
Although the law protects certified medical marijuana patients, there are specific rules you must follow. Violating any of them could lead to criminal charges.
You may face drug charges if you:
- Use high-THC marijuana products in public (only allowed in private settings)
- Buy marijuana outside a licensed Florida dispensary
- Transport marijuana in unlabeled or unsealed containers
- Are found cultivating marijuana, even for personal us
📌 Florida law does not allow medical marijuana patients to grow cannabis. Cultivation is still considered a felony offense.
✅ How To Avoid Medical Marijuana Charges
Even if you’re a legal medical marijuana user, you must stay compliant with the rules to avoid legal trouble.
Here are steps you can take to stay protected:
- Always carry your Florida medical marijuana card
- Purchase only from licensed dispensaries
- Keep your products in the original packaging
- Avoid consuming marijuana in public or in your car
Following these guidelines shows police and prosecutors that you’re acting in good faith under state law.
📌 Related: 👉Can You Get a Drug Charge Dismissed in Florida?
⚖️ What If You’re Arrested for Medical Marijuana in Florida?
Even if you have a medical marijuana card, you can still be arrested if:
- The officer believes you broke Florida’s marijuana laws
- Your documentation was unavailable during the stop
- The marijuana appears to have been purchased illegally or stored improperly
A defense attorney can evaluate your case and fight for:
- Charge dismissal or reduction
- Use of an affirmative defense
- Entry into a diversion program (if eligible)
- Expungement or sealing of records after resolution
🛡️ Work With a Fort Lauderdale Marijuana Defense Lawyer
Don’t assume your charges will be dismissed just because you’re a medical marijuana patient. Prosecutors may still pursue the case unless you have a knowledgeable defense lawyer on your side.
At Michael White, P.A., we help patients and defendants throughout Fort Lauderdale, Broward County, and South Florida defend against marijuana-related charges.
📲 Call (954) 270-07690 or schedule a consultation to speak with a criminal defense attorney who understands Florida’s medical marijuana laws.
💬 Frequently Asked Questions: Medical Marijuana and Florida Drug Charges
Q1: Can I be arrested for marijuana if I have a medical marijuana card in Florida?
A: Yes. If you violate Florida’s medical marijuana rules—such as using it in public, buying from an unlicensed source, or transporting it improperly—you can still be charged with a drug offense.
Q2: Is it legal to grow my own medical marijuana in Florida?
A: No. Florida law prohibits home cultivation, even for medical marijuana patients. Growing cannabis can result in felony charges, regardless of cardholder status.
Q3: What if I forgot my medical marijuana card during a traffic stop?
A: You may be arrested if you can’t show proof of registration or legal possession at the time. However, your lawyer may be able to present documentation later and argue for dismissal.
Q4: Can I be charged for using medical marijuana in my car or in public?
A: Yes. Florida law restricts usage to private residences. Using high-THC products in your car, on the street, or at a park may result in misdemeanor charges or worse.
Q5: What should I do if I’m charged with illegal marijuana use despite being a registered patient?
A: Contact a criminal defense attorney immediately. A lawyer can help you fight the charges, assert an affirmative defense, and explore options to reduce or dismiss the case.