If you live in Florida, then you know the laws regarding marijuana in Florida can be quite confusing. While the State does allow medicinal use of marijuana, it does not tolerate recreational marijuana use. This means that, unless you have a medical marijuana card, you cannot legally use marijuana in any form. Yes, many cities have decriminalized possession of a small amount of weed. However, generally speaking, in Fort Myers, it is not legal to use marijuana without a medical marijuana card.
It’s important to understand the distinction between legalization of a drug and decriminalization of a drug. Legalization of a drug means that it is legal to use the drug freely, with little to no interference from the state. Decriminalization, on the other hand, means that a state or municipality has chosen to punish offenders in a civil manner rather than a criminal one.
Here, we’ll talk about the laws for marijuana use in Fort Myers, Florida. We’ll also explain how the laws in Fort Myers are different than the state laws.
What are the Laws in Florida on Marijuana?
In Florida, as we said above, it’s illegal to use marijuana. The only time it is acceptable is when it is used for medicinal use. Some people argue that this isn’t fair – the effects of the drug are the same whether you’re sick or not, right? Well, that’s not exactly true. The law distinguishes medicinal marijuana use from recreational use in one important way – patients who are prescribed the drug are using it for pain relief rather than to get high. This is why Florida law requires people to meet certain requirements before they can qualify for a medical marijuana card. These requirements are as follows:
- You must be prescribed marijuana by a licensed and approved doctor
- You must demonstrate that you have a debilitating medical condition. Some of the conditions that are qualifying include:
- Cancer
- Glaucoma
- Tourette’s
- Parkinson’s Disease
- Intractable pain
- Intense Muscle Spasms
- HIV/AIDS
- Crohn’s disease
- You must demonstrate that you’ve tried conventional treatments but that they haven’t helped
- You must receive a prescription from your doctor
- You must pay the requisite fees to the state
If you meet all of these criteria, you’ll be issued a medical marijuana card. If this is the case, then you are allowed to purchase and use marijuana and other cannabis products, with limitations.
What Happens if You’re Caught Using Marijuana in Fort Myers?
If you choose to use marijuana and don’t have a medical marijuana card, you’ll be facing certain penalties. Under state law, you face the following punishment:
- If you’re caught with less than 20 grams of marijuana, you’ll be fined up to $1,000 and face up to 1 year in jail
- If you’re caught selling or using marijuana within 1,000 feet of a schoo, park, college or jail, you face up to $10,000 fine and up to 15 years in jail
In Florida, different cities are allowed to penalize people for minor possession of marijuana in their own way. Fort Myers has decided to follow the state laws for now. There is a petition to have Fort Myers follow Miami and decriminalize the drug, at least for minor amounts. However, that law has not yet passed in Fort Myers. The proponents of this change are hoping the law will be voted on in 2020. Until then, however, if you don’t have a marijuana card, don’t get caught using or carrying any amount of marijuana in Fort Myers, Florida.