Let's Talk About Cannabis and The Workplace |
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Marijuana Possession Cases Can Sometimes Be Forgiven |
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How to Get a Florida Medical Marijuana ID Card |
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Learn About Cannabis in The Workplace
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Medical cannabis may be legal in Florida, but it does not mean you are protected from drug-free work policies.
Join the next Conversations on Cannabis live virtual forum on September 22, 2022, at noon to learn about the guidelines for medical marijuana use in Florida and the consequences you could face from your employer if you test positive for any form of cannabis.
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Marijuana Possession Is A Crime That’s Forgiven in Some Cases |
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Editor’s note: This commentary is provided by the Medical Marijuana Education and Research Initiative (MMERI) of Florida A&M University. |
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While possession of marijuana is still a crime in Florida, getting caught with it does not necessarily lead to arrest and criminal prosecution in some cities and counties.
State Attorney Jack Campbell, who represents Florida’s 2nd Judicial Circuit, explains that the charge for marijuana possession ranges from a misdemeanor to a felony depending on the amount and what a person intends to do with it.
For example, possessing less than 20 grams of pot is a misdemeanor punishable by up to a year behind bars and a fine, though resources are available to keep offenders out of jail and wipe their slates clean. Possession cases involving larger amounts of marijuana and suspected criminal intent to distribute it could lead to convictions, prison sentences, and hefty fines.
Law enforcement officers, he says, have discretion in determining how someone possessing less than 20 grams of marijuana is processed through the justice system.
An officer “can arrest you or issue you what's called ‘a notice to appear,’ which has the same legal effect, but you don't go to jail. Or he can write a pre-arrest diversion report, where he would refer that case to our office. That way you don't have a criminal arrest on your record,” says Mr. Campbell.
Interestingly, someone serving probation, regardless of the crime, may still be able to use medical marijuana in Florida, according to Anthony Washington, supervisor of Probation with Leon County Government.
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“If you have a valid medical marijuana card and you keep that card valid, we will still test you, but we will excuse you for the medical marijuana piece,” he says, referring to probationers who are drug tested.
But, Campbell adds, medical marijuana use is prohibited during periods of incarceration.
The state attorney believes Florida will someday legalize adult-use marijuana, but he is concerned there will be unintended consequences from such a move.
“The greatest concern I see with legalization is on traffic safety. That's what we're hearing and seeing from the states that have gone legal; that you're seeing a spike in traffic homicides," he says.
Washington offers a different perspective on legalization, saying, “I just hope that, if we are going to take that route, that we specifically increase programs like FAMU’s Medical Marijuana Education and Research Initiative [MMERI] and we do more research to see what the economic effects, social effects, as well as the effects on some minorities are.”
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Employment
Screening Resources
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How to Get Medical Marijuana in Florida |
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Only a qualified physician can recommend medical marijuana in Florida. However, a patient still must get a Medical Marijuana Use Registry Card to obtain the drug from an approved treatment center.
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The Consequences of Unlawful Marijuana Use in Florida: How to avoid trouble
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Marijuana is still illegal under federal law |
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It’s illegal to share your medical marijuana with others. |
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Only use medical marijuana at home to avoid legal problems.
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Do not smoke or vape medical marijuana in your car; you may give police probable cause if they smell it. |
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Do not leave the state of Florida or visit any federal property with your medical marijuana. |
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What People Are Saying About Marijuana |
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“I'm a former Federal Law Enforcement Officer whose immediate family are all police officers. I had to leave that career for serious health issues. Years later, I went to my primary care physician for a frozen shoulder issue. I expected pills and PT, but he told me that he had just become an MMJ doctor and recommended CBD. Obviously, I was shocked and freaked out that he'd suggest that to me. However, I trusted his judgment, and I'm glad I did. I got full range of motion in less than two months. That sent me on a journey of education and advocacy. I use my story to help others get over their reefer-madness mentality. I got into the industry to change the paradigm and help people succeed in using cannabis as medicine.” - T.H. in Boynton Beach, FL |
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“After having anxiety my whole life and taking prescribed pills, I stopped and have been using medical marijuana ever since. It has saved and given me my life back.” - B.D. in the United States |
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"As a young child, I had the best experience of supporting and learning from my mom’s friend, who passed away from cancer. One of the things that comforted her pain was medicinal marijuana, which was legal at that time in California. Even though she passed away, I can say she did so pain-free." - Y.R. in Tallahassee, FL |
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Join the Conversations on Cannabis on
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Contact us directly by phone at 850-561-2456 or by email at
625 East Tennessee Street, Suite 210, Tallahassee, FL 32308
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