Florida

Florida legislators too busy making Florida's marijuana laws tougher that federal law to worry about sick and dying patients this year

Last update: November 7, 2008

2008 session ends with new trafficking law

Gov. Charlie Crist (R) recently signed into law HB173/SB390, which carelessly lumps real drug dealers and small time offenders into the same category by creating the ridiculous judicial presumption that as few as 25 marijuana plants — one-fourth the amount the federal government considers a trafficking threshold — makes one a "drug trafficker." Florida already had the dubious honor of having the nation's harshest marijuana possession laws — less than 20 grams can land you in jail for a year and cost you $1,000. Even worse, possession of more than 20 grams is a felony. This new law puts Florida even further ahead of the draconian pack as the Sunshine State can now claim a trafficking standard 4 times as tough as the federal government's!

Court established defense

Despite the fact that a medical necessity defense has been established by Florida case law, patients remain at risk of being arrested and jailed because legislators have yet to enact a medical marijuana law. To review a 1991 case that outlines Florida's medical necessity defense, click here.

Public opinion in Florida

Not only have Florida courts endorsed the use of medical marijuana, so has the public.

In 1997, 63% of registered Florida voters said they favor approving an amendment to the Florida Constitution legalizing "medicinal" marijuana, according to a poll by The Miami Herald. In 2000, Colorado voters approved a constitutional amendment to allow the seriously ill to use medical marijuana. Interestingly, Florida also allows for constitutional amendment by voter initiative.

Harsh penalties put everyone at risk

Although Florida courts, public opinion, and 13 other states reflect a trend that recognizes the legitimate use of medical marijuana, Florida patients remain exposed to the state's harsh possession laws. Every single medical marijuana patient in Florida continues to live in fear because Florida's penalties for possessing small amounts of marijuana are among the nation's toughest. The result of Florida's inhumane laws are obvious — the 2007 midyear report from the U.S. Bureau of Justice Statistics lists Florida as having the third largest prison population in the nation with 71,319 citizens behind bars. Only Texas and California have more.

Are you a victim of Florida's harsh marijuana laws?

For those who have been convicted of violating Florida's inhumane marijuana laws, life can be difficult for years to come. Public housing eligibility, the ability to adopt or foster a child, the right to vote, and the ability to receive student aid — to name a few — can be affected by a marijuana conviction. Please click here to learn more about what you can do if you or someone you know has been a victim of Florida's draconian marijuana laws.

Future legislation in Florida

Obviously, Florida is in need of marijuana policy reform. The time to act is now. Please contact your state legislators today and ask them to sponsor a medical marijuana bill in the Florida Legislature. After you have e-mailed your legislators, follow up with a call to their office and leave them a message reminding them that their constituents support the right of a patient and doctor to decide what treatment is best. Click here to find out who represents you in Tallahassee and locate their telephone number. If you are able to start a dialogue with one of your legislators, you can send them a copy of MPP's model bill by clicking here and downloading it in PDF form. MPP's model bill is very similar to Rhode Island's law, which has been working well since 2006.

Radio activism

Another excellent way to open up the discussion about medical marijuana is to utilize the airwaves. Please click here to download and share MPP's public service announcements with radio stations that might be interested in airing these educational and entertaining messages.

It is important to remember that legislators, like you, listen to the radio and read newspapers every morning, so please be sure to take advantage of the materials we have available that employ these forms of media.