Attitudes On Cannabis Are Changing In Florida – But Criminal Penalties Remain

For the sixth time since 2014, the widespread legalization of cannabis is on the ballot in Florida, with Amendment 3 passing the threshold of votes required by Florida’s constitution to appear. Previously, all of the ballot measures – and some intended to expand Floridians’ access to medical cannabis, as well – failed to pass, but there are indications that attitudes are slowly changing. In August 2024, a Broward state’s attorney became the first state official to endorse Amendment 3, citing the damage that strict cannabis laws have done to minority communities.

The Damage Has Been Done

Florida has a long history of prosecuting drug offenses quite aggressively, partly as a reaction to the state’s troubled history with cartels and so-called “pill mills.” However, it has had unexpected consequences over time, not least of all leaving Florida with an incarceration rate higher than any independent developed country on the planet, according to the Prison Policy Initiative (PPI). This is particularly true of people of color, most notably Black people, who are overrepresented in the state’s jails and prisons.

While overall, cannabis-related arrests have begun to drop in recent years, Florida law still requires these offenses to be prosecuted, even those that are nonviolent and only involve minimal amounts of the drug. The Broward state’s attorney cited the “counterproductive use of limited resources” required for his office to prosecute these crimes, as well as a belief that “throwing people into the criminal justice system” for such offenses “ruins lives.” It remains to be seen how the landscape will change if Amendment 3 passes.

The Law Remains Unchanged

Unfortunately, despite wishes expressed by Florida law enforcement to not waste resources on prosecuting nonviolent cannabis crimes, the law requires that they be prosecuted. If you have been charged with this kind of crime, you will still likely face jail time if you are convicted, and the offense will still be on your record unless it can be expunged. That said, if you are found with less than 20 grams of cannabis, it is likely that you will be charged with a misdemeanor, rather than a felony.

If you are charged with possession of more than 20 grams of cannabis, you will likely face felony charges, which can carry a minimum of 3 years behind bars, given that Florida still has mandatory minimum sentences for many drug offenses. The right attorney on your side can help protect your rights during what can be a scary legal process. Times are changing, but if you have been charged with a drug offense, they may not change quickly enough.

Contact A West Palm Beach Cannabis Possession Attorney

With the ultimate fate of Amendment 3 in doubt, it is necessary that the average person still be aware of the penalties facing them if they are found with recreational cannabis in Florida. If you need legal assistance, a West Palm Beach drug crime attorney from Perlet & Shiner, P.A. can help make certain you get your day in court. Contact our office today to speak with an attorney.

Source:

health.wusf.usf.edu/health-news-florida/2024-08-13/what-to-know-about-floridas-amendment-3-and-recreational-marijuana