Marijuana is only legal in Florida for those who obtain a Medical Marijuana Use Authorization. In South Florida, whether you want to open a dispensary or a grow facility, or if you’re a patient, physician, or caregiver, you may need the advice and services of a Miami marijuana attorney.

Florida legalized marijuana for medical purposes in 2016, but Florida remains one of only nineteen states that may still impose a jail or prison sentence for persons convicted of the simple possession of marijuana.

And in just the last five years, hundreds of medical marijuana dispensaries have opened in this state. Those dispensaries – and the companies that own them – are heavily regulated and must take a number of steps to stay compliant with Florida law.

Can you open a dispensary in Florida? What is required? If you’re charged violating the state’s marijuana laws, what are your rights? What is your recourse? When should you speak to a South Florida marijuana attorney? If you’ll keep reading, these questions will be answered below.

How Do You Open a Dispensary?

Quite frankly, it’s almost impossible to open a marijuana dispensary on your own in Florida. Applications are processed by the Florida Office of Medical Marijuana Use (OMMU), which issues a limited number of dispensary licenses. Here are just a few of the requirements:

  1. Applicants must be registered to do business in Florida for at least five consecutive years before applying for a dispensary license.
  2. If your application is approved, you must post a $5 million performance bond issued by an authorized surety insurance company.
  3. You must have the financial ability to maintain dispensary operations for at least two years.
  4. To cultivate marijuana, you must obtain a certificate from the Department of Agriculture and Consumer Services.
  5. Prospective dispensary owners must have a secure premises, the necessary resources, and registered personnel ready before they apply for a dispensary license.

While opening a dispensary independently in Florida is almost impossible, serious investors should check into the franchise opportunities offered by the larger dispensary chains. As of 2019, 82 percent of the dispensaries in Florida were being operated by just five licensed companies.

How Can You Be Approved to Use Medical Marijuana?

To obtain a Florida medical marijuana card, a patient must meet specific requirements. The medical conditions that may be treated with marijuana, according to Florida law, include:

  1. chronic nonmalignant pain
  2. cancer, epilepsy, and glaucoma
  3. HIV and AIDS
  4. post-traumatic stress disorder
  5. amyotrophic lateral sclerosis (Lou Gehrig’s disease)
  6. Crohn’s disease, Parkinson’s disease, and multiple sclerosis
  7. medical conditions of the same kind or class or comparable to those listed above
  8. a terminal condition diagnosed by a physician other than the prescribing physician

Only a medical professional licensed by the State of Florida may evaluate a patient for medical marijuana approval. Medical marijuana may be dispensed in smokable, edible, vaping, or concentrate/oil forms.

What Are the Florida Laws Regarding Marijuana Possession?

If you have not obtained a Florida medical marijuana card, it is against the law to possess marijuana, even for personal use. Possession of less than twenty grams of marijuana is a misdemeanor, but a conviction can still result in a jail sentence.

Possession of twenty grams or more of marijuana is a felony punishable with a prison sentence. The possession of large amounts of marijuana may be considered trafficking, which carries a mandatory prison sentence for a conviction.

Making the law even more confusing, in some Florida jurisdictions – including Tampa, Orlando, Key West, Sarasota, and Miami-Dade County – the possession of a small amount of marijuana is decriminalized and results in a citation and fine rather than an arrest and prosecution.

Possessing any amount of THC concentrate is a felony in this state, even if the THC concentrate was possessed for personal use, such as a cartridge in a vape pen or the possession of a single “gummy” type edible.

If You Are Charged With a Marijuana Violation

If you do not have a medical marijuana card and you are charged with marijuana possession, or if you are charged with any other violation of Florida’s marijuana laws, you must reach out at once to a Miami marijuana attorney for the legal advice and representation you will need.

An arrest or a citation for a marijuana violation is just like any other arrest or citation. You have the right to remain silent and the right to have an attorney present for any questioning.

Your attorney will probably seek to have the charge against you dropped or dismissed. If that’s not possible, and you are innocent of the charge, you should insist on a jury trial where your attorney will explain to the jurors why they should return a not guilty verdict.

However, if the state’s case against you is strong and your conviction is certain, your attorney may recommend – and negotiate for – a plea deal on your behalf. A typical plea deal involves pleading guilty to a lesser charge and agreeing to reduced or alternative sentencing.

What Else Should You Know About Florida’s Marijuana Laws?

In any legal matter related to marijuana in Florida, you should be advised and represented by a South Florida marijuana attorney who stays abreast of the latest legal developments concerning marijuana. These laws are regularly “tweaked” and adjusted by Florida lawmakers.

An initiative to legalize recreational marijuana use for adults in Florida will not be on the statewide ballot in November 2022. The Florida Supreme Court has found that the measure’s ballot language was misleading.

Regulate Florida, the group that was sponsoring the initiative, has been forced to rewrite the ballot petitions and initiative, and the group expects to have an initiative for legalizing recreational marijuana use for adults on the Florida ballot in 2024.

When Should You Contact a Miami Marijuana Lawyer?

The possession of marijuana still constitutes a violation of federal law. That law is enforced in Florida’s national parks, military bases, and all federal buildings and other federal facilities.

Anyone who is a dispensary owner or a prospective dispensary owner, a medical professional, or a patient with concerns or questions about Florida’s marijuana laws should contact a Florida marijuana lawyer – as soon as possible – with those concerns or questions.

If you are charged with any violation of the state’s marijuana possession laws, or if you are dealing with any other marijuana-related legal issue in this state, arrange immediately to speak about the matter with a South Florida marijuana lawyer.