Driving with Medical Marijuana

marijuana-1Do you have a medical marijuana card? Even if you purchase the marijuana from a state-licensed dispensary, you should carry it with you at all times as it may be necessary if you are pulled over by police.

The legalization of hemp in Florida back in July introduced a law enforcement challenge to find out when to apprehend a driver or seize a drug, because hemp smells and appears similar to cannabis, and is smokeable. Officers make use of a field test that can distinguish between marijuana and hemp, but not Palm Beach or Miami-Dade where the substance is confiscated and checked in a licensed laboratory.

Patients with medical marijuana must be able to produce a valid medical marijuana card if they are stopped with a cannabis product in their vehicle. Choosing not to show the card to an officer is a violation of the law— a misdemeanor of the second degree.

For drivers charged with a violation, you should know that if you are able to produce a Florida medical marijuana registry card that was valid when the charge occurred, either before or at the time of court appearance, you can’t be convicted.

This update is brought to you by Miami traffic ticket lawyer Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions and help you fight your ticket. Please call 305-665-1000 to speak with a Miami expungement attorney.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.

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