Medical Marijuana

Most people don’t understand the current  marijuana law in Florida. This information is reefersfrom the state’s website.

What is low-THC cannabis?

In Florida, low-THC cannabis is distinct from medical marijuana in that it contains very low amounts of the psychoactive component tetrahydrocannabinol (THC). Because of its low-THC content, it does not have the euphoric properties that full-potency marijuana has.
Who qualifies for low-THC cannabis?

Qualified physicians may order low-THC cannabis for a qualified patient conditions enumerated in section 381.986, Florida Statutes.
Qualifying conditions include:
◦Cancer
◦Epilepsy
◦Glaucoma
◦HIV
◦AIDS
◦Post-traumatic stress disorder (PTSD)
◦Amyotrophic lateral sclerosis (ALS)
◦Crohn’s disease
◦Parkinson’s disease
◦Multiple sclerosis (MS)
◦Medical conditions of the same kind or class as or comparable to those above
◦A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
◦Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition
If a patient is younger than 18 years of age, a second physician must concur with the determination to treat the patient with low-THC cannabis.

What is medical marijuana?

Florida law defines medical marijuana as all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.
Who qualifies for medical marijuana?

A qualified physician may only order medical marijuana for a patient with a qualifying condition that is diagnosed by the patient’s physician.

Qualifying conditions include:
◦Cancer
◦Epilepsy
◦Glaucoma
◦HIV
◦AIDS
◦Post-traumatic stress disorder (PTSD)
◦Amyotrophic lateral sclerosis (ALS)
◦Crohn’s disease
◦Parkinson’s disease
◦Multiple sclerosis (MS)
◦Medical conditions of the same kind or class as or comparable to those above
◦A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification
◦Chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical condition

The medical use of medical marijuana does NOT include the following:
◦The possession, use or administration of medical marijuana by smoking.
◦The transfer of medical marijuana to a person other than the qualified patient for whom it was ordered or their legal representative.
◦The use or administration of medical marijuana on any form of public transportation, in any public place, in a qualified patient’s place of employment, if restricted by his or her employer, in a state correctional institution, on the grounds of a preschool, primary school, or secondary school or any school bus or vehicle.

The medical use of medical marijuana does NOT include the following as stated in Section 381.986(1)(j), F.S.:
1.Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center.
2.Possession, use, or administration of marijuana in a form for smoking, in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping.
3.Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician’s directions or physician certification.
4.Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient’s caregiver on behalf of the qualified patient.
5.Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low-THC cannabis.
b. In any public place, except for low-THC cannabis.
c. In a qualified patient’s place of employment, except when permitted by his or her employer.
d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school, except as provided in s. 1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis

Can I Smoke it?

No. A marijuana delivery device is an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise introducing marijuana into the human body, and which is dispensed from a medical marijuana treatment center for medical use by a qualified patient.

What are the Requirements to receive it?

◦Be diagnosed with a qualifying condition
◦Be entered into the Medical Marijuana Use Registry by a qualified physician
◦Obtain a Medical Marijuana Use Registry Identification Card
◦Be a Florida resident or a seasonal resident

What does it cost to get a Registry Identification Card

A registration card costs $75 (not including the doctor visit). Compassionate Use Registry identification cards remain active for one year.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Ignition Interlock Failure

You may not know it, but ignition interlock devices are required even for fist time ignition interlockoffenders if your blood alcohol level is above a certain limit. But what happens if you have the device installed and when you breathe into the device, you fail the test?

Ignition interlock violation consequences. Your ignition interlock device is designed to prevent you from driving while under the influence of alcohol. It is anticipated that you will never drive under the influence again but judgment can be cloudy after you have been drinking.

Your ignition interlock device is designed to prevent you from driving while under the influence of alcohol. It is anticipated that you will never drive under the influence again but judgment can be cloudy after you have been drinking. You should know that while the ignition interlock device is installed in your vehicle you are responsible for every test result that is registered on your device, including tests that are taken by other individuals who drive your car. You will be required to submit to rolling retests throughout your drive, and if you do not complete those tests or you fail a retest it will be logged for the state or DMV to see.

When you first try to start your vehicle you will be required to submit a breath sample to the ignition interlock device. Once the device determines you are not under the influence of alcohol you will be allowed to start your car. If the device determines you have alcohol on your breath your vehicle will not start. If you are worried this a false positive, wait a few minutes and swish some water in your mouth to be sure you are giving a clean sample. If you have been drinking you should know this result will be logged. The consequences for your violation will vary from state to state. These violations can range from extending the length of time you are required to have your device installed to paying a fine. Check with your state laws to know for sure what your penalties could be.

Once you have completed your test and your car starts, you are not finished. Your ignition interlock device will continue to operate and will require rolling retests throughout your drive. You will have a window of time to complete the rolling retest before it logs it as a violation. If you do not take the test the system will log it as a violation and report it. If you do take the test and you fail it will also be logged as a violation. Either way your car could have a number of responses to the failed test. One thing is for sure, the failed retest will not force your car to stop. Failed retests may have no affect on your car, or it could make your horn being honking, and flashing your lights until the car is turned off. This done to draw attention to your vehicle so potentially a police officer could pull you over. No matter what, your vehicle will not just turn off as that would be unsafe for the roadways.
Ignition Interlock Device Fees:
•First IID Violation Appointment Fee = $25.00
•IID Case Management Appointment Fee = $55.00
•IID Case Management Missed Appointment Fee = $55.00
•IID Monthly Appointment Fee = $25.00
•IID Monthly Missed Appointment Fee = $25.00

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.