In November, Floridians will make a decision. They will choose to vote yes or no on limiting the criminality of marijuana possession.
If the amendment passes, what criminal laws will change? And what does it mean for people who face drug charges in the meantime?
Current Marijuana Laws in Florida
As of August 2024, marijuana possession in Florida is illegal unless a person has obtained a Medical Marijuana Use Authorization as outlined in Chapter 381 in Florida Statutes. Marijuana is legal for medical use in Florida, but it remains illegal for recreational use. If a person is caught possessing or selling marijuana or marijuana paraphernalia, hash, or concentrates, they can face misdemeanor and felony criminal charges.
In Florida, it is a misdemeanor for possession or sale of 20 grams or less of marijuana and can result in a year in prison and a maximum fine of $1,000. Possession or sale of 20 grams or more can lead to felony criminal charges and result in up to 30 years in prison and a maximum of $200,000 in fines.
Related: Misdemeanor vs Felony: What’s the Difference?
What State Marijuana Laws Could Change?
In November 2024, a constitutional amendment, known as Amendment 3, will appear on the Florida ballot allowing voters to say whether or not they want recreational marijuana to be legalized.
The proposed constitutional amendment allows “adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal consumption by smoking, ingestion, or otherwise; allows Medical Marijuana Treatment Centers, and other state licensed entities, to acquire, cultivate, process, manufacture, sell, and distribute such products and accessories.”
For the amendment to pass, it must receive at least 60% of the vote.
If it passes, it would make it legal for those 21 and over to have up to three ounces (85 grams) of marijuana and up to 5 grams of cannabis concentrate, but the change won’t happen immediately.
If Amendment 3 passes, it will take time for it to become law. The Florida Legislature will need to set rules and regulations about the use and sale of marijuana, such as how much can be purchased, potency limits, and marketing rules.
Related: Facing Florida Drug Possession Charges: 6 Things You Need to Know
What Federal Marijuana Laws Could Change?
Even if Amendment 3 passes and makes it legal for Floridains to possess and use marijuana, marijuana will remain illegal at the federal level. Although 24 states already have legalized marijuana for recreational use, the federal government still sees marijuana as an illegal substance, but this could change too.
In May 2024, the federal government announced it was moving forward with plans to ease federal restrictions on marijuana and reclassify marijuana from a Schedule I drug to a Schedule III drug. Schedule III drugs are still considered a controlled substance. They are subject to federal rules and regulations, but they have fewer restrictions and carry lower criminal consequences.
What If You’ve Been Charged with Possession?
If you have been charged or are charged with marijuana possession in the time leading up to the amendment vote, nothing will change. In fact, nothing will change until weeks or months after the amendment vote as legislators will need time to put new marijuana laws in place.
State criminal guidelines for marijuana use and possession will remain until new laws are adopted.
We don’t yet know what will happen to individuals charged with marijuana crimes if the laws change. The amendment does not include language that would remove past convictions of those charged with marijuana crimes, per the Tampa Bay Times.
Florida has some of the harshest penalties for small amounts of marijuana as well as strict policies for clearing convictions and criminal records. Without clear guidelines of how convictions and consequences might change if Amendment 3 is adopted, anyone charged with marijuana charges should take their charges seriously.
Related: If You’re Arrested for a Crime, Immediately Take These 6 Steps
What If You’ve Been Charged with DWI?
Even if marijuana is made legal on a state and federal level, it will still be illegal to drive while under the influence of marijuana. Drivers can get a DWI, driving while intoxicated, in the same way they can get a DUI, driving under the influence.
If you are found to be under the influence of marijuana while driving a vehicle and arrested for a DUI, you can still face serious criminal charges.
Related: What to Expect From a First Offense DUI
Talk to an Attorney About Your Drug Possession Case
If you have been charged with marijuana drug possession, whether as a misdemeanor or a felony, talk to an attorney right away. A drug possession attorney who is fully up-to-date on changing laws will be able to help you craft a case to lead to the best possible outcome.
Talk to criminal defense attorney TJ Grimaldi today to see how he can help guide you through your case. Request your free consultation or call 813-226-1023 now.
TJ Grimaldi joined McIntyre in 2011. McIntyre recruited TJ to create the divisions of personal injury and family law, as well as to expand the existing criminal defense practice at the firm. During TJ’s tenure at McIntyre, he has helped oversee and grow these practice areas. He continues to practice in these divisions while also expanding his own practice areas to include estate planning and immigration law. TJ is admitted to practice before the Supreme Court of Florida and the United States District Court for the Middle and Southern Districts of Florida.
