Floridians recently passed a constitutional amendment allowing for the medical use of marijuana. In order to be approved for the use of medical marijuana, one’s qualified physician must have recommended that a patient be approved for medical marijuana use.

This recommendation is made to the Florida Department of Health, and this department is tasked with accepting the recommendation and approving a person for medical marijuana use.  The person is then sent a medical marijuana card, such that he or she has proof that he or she is approved for medical marijuana use in the State of Florida.

If you have been approved by the Florida Department of Health for medical marijuana use, then it is not a violation of your Florida state probation to consume medical marijuana.

Note, that is not true for those on federal probation (even if the federal probation is occurring in Florida) as marijuana remains illegal at the federal level. Also, there are still some restrictions with respect to the consumption of marijuana, even if you are approved medically.  Specifically, Florida Statute 381.986 governing the use of medical  marijuana prohibits the possession or use of marijuana that was not obtained from a medical marijuana treatment center.  The statute also (at this time) prohibits the smoking of the plant flower/leaf.  Thus, unless and until the Florida legislature changes this prohibition, it would be a violation of probation to smoke or be in possession of the marijuana plant flower/leaf. The statute also prohibits the use of medical marijuana on public transportation or in any public place, except for low THC cannabis.

In summary, if you are a medical marijuana patient that is on probation in the state of Florida, it is not a violation of your state probation to consume medical marijuana.  However, like all prescriptions, it is important that you notify your probation officer that you are indeed prescribed marijuana such that your probation officer is aware that the presence of THC in your system is not a violation of probation.

Please note that this information is only applicable to those that are on state probation in Florida and have a medical marijuana card issued by the Florida Department of Health. Note also that marijuana remains an illegal schedule one substance under federal law.

 

Robertson & Hunter, LLP

(305) 735-4587