Marijuana Debate in Florida Florida Legalization of Marijuana

Possession of Marijuana became illegal under Federal law in 1970 when congress passed the Controlled Substance Act of the Comprehensive Drug Abuse and Prevention and Control Act. Soon thereafter efforts to reform the laws surrounding the legalization of marijuana began. Most notably, the National Organization for the Reform of Marijuana Laws (NORML) was created to lobby individual states to decriminalize marijuana.

In the early 1990's various groups began efforts to legalize medical marijuana and eliminate minimum mandatory sentences for marijuana offenses. Successful efforts resulted from petitions to add medical marijuana legalization to the ballot to allow the citizens of each state to vote on the issue, including California and Arizona which approved provisions for medical marijuana.

Legalization Efforts in Other States

Thirteen states have taken steps toward legalizing marijuana, including California, Michigan, Nevada, Colorado, Maine, New Mexico, Montana, Oregon, Vermont, Washington, Rhode Island, Hawaii, and Alaska. Although marijuana is not legal under the laws of other states, physicians are allowed to prescribe marijuana for medical purposes in Arizona. Additional, the State of Maryland recognizes the medical use defense. Nine states, including Florida, could vote on the measures to legalize medical marijuana in 2012.

Efforts to Legalize Medical Marijuana in Florida

Did you know that for the first time in Florida's history, resolutions are pending in both Florida's House and Senate to legalize medical marijuana. Florida House of Representative Jeff Clements of Lake Worth, Florida, filed HJR 353, while State Senator Larcenia J. Bullard of Miami, filed filed companion legislation known as Senate Joint Resolution 1028. This legislation would legalizing marijuana in Florida for medical purposes with the recommendation of a doctor. The legislation would allow for medical marijuana cultivation and dispensaries to operate in Florida.

Get Involved in the Debate over Legalizing Medical Marijuana in Florida in 2012

Groups in Florida are asking citizens to sign petitions demanding that the Florida legislature take a vote on the medical marijuana bill that was filed in the House and Senate. One petition has more than 7,000 signatures asking the legislature to "sign a discharge petitioner to permit a floor debate...." That petition can be found here - petition to vote on pending legislation to legalize medical marijuana in Florida.

The approach being used by another group would bypass the Republican lead Florida legislature entirely. Read more about People United for Medical Marijuana - Florida and PUFMM's 2012 Ballot Initiative to legalize medical marijuana in Florida. Read the petition or contribute with a donation by credit card. At last count, more than 26,000 signatures were verified and more than $34,000 had been contribute. An additional 676,000 signatures are needed by February 1, 2012. The estimated cost of a successful ballot initiative is $5 million dollars. Visit the PUFMM website or e-mail info@pufmm.org to get involved.

Arguments Against the Legalization of Marijuana in Florida

According to a position paper from the Florida Police Chiefs Association concerning the previously proposed language, the ballots in Florida would be misleading because voters would only see the follow language from the Florida Constitutional Amendment Petition Form:

§ Title: Freedom to Use Medicinal Marijuana for Specific Certified Medical Purposes.

§ Summary: Establishes a Right of individuals to choose to obtain and use marijuana for Specific Medical Purposes when certified as Medically Appropriate by a licensed physician; protects physicians and third parties who recommend or provide medicinal marijuana and allows Penalties for Fraudulent Certification or Use.

Groups against the legalization of marijuana argue that maintaining the status quo holds down marijuana abuse and addiction, lessens crime problems, sends the right message to young people, and avoids the slippery slope of legalizing more serious drugs.

Groups that argue against legalization efforts in Florida rely on outdated and incomplete statistics which indicate that few people are incarcerated in Florida State Prison for marijuana offenses. According to Florida Department of Corrections, only 13 (.02%) of the 65,092 inmates in Florida's prisons on September 5, 1997 were incarcerated for the "primary offense" of possession of marijuana while only one percent is in prison for "marijuana production."

The FDLE statistics completely ignore the numbers of individuals incarcerated in county jails throughout the Florida. Furthermore, these statistics ignore the huge number of individuals in Florida State Prison for "non primary offenses" such as violation of probation, sell or delivery and other related offenses.

Read More About the Legalization of Medical Marijuana Debate in Florida:

Marijuana Prohibition Is Alive And Well in Florida - NORML.org blog article about Karen Goldstein with South Florida NORML, and her letter to Florida Governor Charlie Crist about the one-third of United's States citizens living in states that have either decriminalied marijuana or provided for medical marijuana protections and the dismissive response from Bruce D. Grant, Director of the Florida Office of Drug Control.

Making Marijuana Legal Petition - The Legalizing The Dream, Making Marijuana Legal Petition to Florida State Congress was created by and written by Amanda Ball.

Florida Police Chiefs Association - FPCA OnLine: Position Paper - In January 1998, The Florida Department of Law Enforcement presented a report to the Florida Cabinet on the issue of legalizing marijuana.

Marijuana Anonymous - Marijuana Anonymous uses the basic 12 Steps of Recovery founded by Alcoholics Anonymous to help those suffering from marijuana abuse or addiction. Includes marijuana stories of recovery, cannabis cross addiction information, and the "twelve questions that may help you determine if marijuana is a problem in your life."

Push to Legalize Medicinal Marijuana in Florida - Local News on Debate to Legalize Medicinal Marijuana in Florida including a discussion about the push by students at Florida State University to legalize marijuana.

Legalizing Cannabis in Florida - A proposed constitutional amendment would legalize marijuana in Florida.

History of how Marijuana became illegal - Article traces the history of marijuana from 7000-8000 B.C. when hemp was first used for woven fabric, to the United States from the 1937 Marihuana Tax Act, Pub. 238, 75th Congress, 50 Stat. 551 (Aug. 2, 1937), to the Title II Controlled Substance Act of the Comprehensive Drug Abuse and Prevention and Control act of 1970, and beyond.

Back to top

Florida Marijuana Cannabis Information Center

Tampa Marijuana Attorney - Find out more about possession of marijuana offenses in the Tampa Bay area, including the mandatory driver's license suspension if you are convicted of the charge, even for a misdemeanor offense of possession of cannabis less than 20 grams. See also - Marijuana Defense Attorneys in Brevard County, FL.

Marijuana Cultivation - Find out more about the stiff penalties under Florida law for the offense of "manufacture of cannabis" or marijuana cultivation, including the reason growing more than 20 plants has incredibly harsh consequences under Florida State laws. See also - Marijuana Defense Attorney in Pinellas County, FL.

Marijuana Trafficking - Trafficking in marijuana simply means being in possession of a certain quantity of marijuana. Find out more about how an attorney can aggressively fight the charges by filing innovative motions to suppress and motions to dismiss.

Under 20 Grams - Any offense for possession of marijuana less than 20 grams is generally filed as a misdemeanor unless the police try and trump up the charges by alleging "with intent to sell." Find out more about the different ways the possession of marijuana can be charged.

Grow House - New legislation in Florida is aimed at the marijuana grow house. The penalties for growing even 20 plants can lead to a criminal second degree felony charge (which is considerably harsher than federal law for the same offense).

Back to top