Marijuana and Florida Drug Courts

The first modern drug court in the country was implemented in Florida in 1989. Since their initial use, these courts have proven to reduce the rate of recidivism and the cost to taxpayers when compared to conventional courts and penalty schemes like prison sentences.

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Florida Medical Marijuana Laws

Like most states, Florida does not explicitly allow medical marijuana despite the efforts by supporters of legalization. Nonetheless, in Jenks v. Florida, the Florida courts recognized using marijuana for medical purposes as a valid necessity defense to marijuana possession charges. This means that if you are a medical user, even though you can still be arrested and charged with possession, you can offer medical necessity as a valid defense against conviction.

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Can I be charged with possession of marijuana if I’m a passenger in someone’s car and marijuana is found? What does “possession” mean under Florida’s marijuana laws?

If marijuana is found in a car in which you are a passenger, you can be charged with possession of marijuana. However, if the marijuana was not found on you and was not yours, you likely have a good defense against conviction. Conversely, you can also be charged with possession of marijuana if you are the driver of the car and marijuana was found inside the vehicle, even if it was not yours.

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