Legality of Medical Marijuana on a State Level Versus Federal Level
Legality of Medical Marijuana on a State Level Versus Federal Level
In 2016, a constitutional amendment in Florida authorized the use of marijuana for medicinal purposes. The initiative, which appeared on the ballot as Amendment 2, received 71 percent of the vote.
In Florida, marijuana is only allowed if a person has gotten a Medical Marijuana Use Authorization, as defined by Chapter 381 of the Florida Statutes. Regulations for a user registry, caregiver possession, and treatment centers for obtaining consumable marijuana are all included in this statute. Marijuana consumption for recreational purposes is prohibited in Florida. This includes the use of marijuana obtained legally through a medical marijuana card holder and then transferred to another person.
Medical marijuana laws in Florida make it illegal for anybody to possess marijuana flower or buds unless they are packed in a tamper-proof container purchased from a dispensary. It is still unlawful to buy, possess, or use recreational marijuana, even if you are on the Medical Marijuana Use Registry. A dispensary is required to purchase all medical marijuana. Even if they are on the Medical Marijuana Use Registry, it is prohibited to share your medical marijuana with another patient.
t Penalties in Florida for Illegal Possession of Marijuana
In 2016, a constitutional amendment made it lawful to consume prescribed medical marijuana in Florida, but recreational use is still prohibited. Possession or sale of more than 20 grammes of marijuana is a felony in Florida, punishable by up to 30 years in prison and a $50,000 fine. Possession or sale of hash or marijuana concentrates in the state is also a felony.
Possession or sale of marijuana weighing less than 20 grammes is a misdemeanor. Those found guilty face a one-year prison sentence, a $1,000 fine, and the suspension of their driver's license. Each state has its own set of penalties for illegally possessing or using recreational or medical marijuana, as well as for transporting and cultivating cannabis.
t Marijuana Legislation in Florida
Rep. Carlos Guillermo Smith of Orlando and Sen. Jeff Brandes of Pinellas County recently presented legislation to legalize recreational marijuana in Florida and to protect employees who test positive for marijuana despite having a prescription from facing disciplinary action.
The bill also proposes to create different licensing categories for cultivating, processing, selling, and transporting marijuana in order to expand the number of firms that can participate. According to Rep. Guillermo Smith, the tax income collected by these firms will assist alleviate Florida's current budget deficit. If the law fails to pass this year, Brandes says he will back a marijuana legalization ballot initiative in the 2022 governor's race.
t Federal Legislation
Senators Chuck Schumer of New York, Cory Booker of New Jersey, and Ron Wyden of Oregon have declared their intention to introduce legislation ending the federal prohibition on marijuana in 2021."The Assault on Drugs has been a war on people—particularly people of color," Schumer says in an interview with CNBC. He argues that our criminal justice system disproportionately targets persons of color through frequent searches and seizures and jail sentences that are too long. The senators also stated that the bill will "defend public health and impose responsible taxation and regulations" by abolishing the federal marijuana prohibition and establishing "restorative justice."
As of March 2021, legislators around the country had introduced scores of proposals aimed at changing state cannabis policies. Marijuana reform advocates argue that it can create jobs, expand small business prospects, and generate hundreds of millions of dollars in tax income for states. Marijuana opponents argue that legalization will lead to an increase in substance abuse disorders and a worsening of mental health concerns. Medical marijuana, on the other hand, is seen as the future weapon against much of our suffering because every piece of research suggests that the benefits outweigh any potential side effects.
Legalizing marijuana would boost the economy by billions of dollars, create tens of thousands of jobs, free up scarce police resources, and eliminate racial inequities in marijuana enforcement. They argue that by requiring testing, labelling, and child-proof packaging, marijuana regulation will reduce street violence, take business away from drug cartels, and make marijuana consumption safer. They argue that marijuana is less hazardous than alcohol and that adults should be able to consume it if they so choose.
As the first states have started to shift their legal views, the economic benefits of legalizing marijuana have already been obvious. Overall, legalizing marijuana might have a significant impact on state economies and generate significant revenue for both the state and federal governments.
Following Rep. Nancy Mace's proposal of a bill that would decriminalize marijuana and regulate it similarly to alcohol, federal legalization is getting closer. Some marijuana businesses, on the other hand, are still focusing on specific states in order to help push legislation.
The policy gap will continue to hinder legalized state programmed until the federal government takes a firm stance on cannabis. Meanwhile, it will be exciting to watch the numerous interests and nuances that should be considered in what federal cannabis legalization will look like.
References:
1- https://trinityreleaf.com/Education/Legal-Considerations-(1)
2- https://www.tpoftampa.com/understanding-marijuana-legislation/
3- https://defensehelp.com/understanding-marijuana-laws-in-florida/
