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Florida Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Cannabis & Marijuana Law and Federal Crimes for Florida on
Q: Can i buy a gun private sale or a licensed firearm salesman as a medical marijuana holder?

First off i live in florida, polk county to be specific for the law. i do currently hold a medical marijuana license. and im pretty sure if i go into a store to buy a gun they wont let me because of the medical marijuana card. but does that also apply to private sale? like say could i just send my... View More

James L. Arrasmith
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answered on Jun 22, 2024

In general, federal law prohibits users of controlled substances, including medical marijuana, from purchasing or possessing firearms, regardless of state laws. This applies to both licensed dealers and private sales. Having someone else purchase a firearm on your behalf (known as a "straw... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Florida on
Q: did observation of a marijuana grinding device warrant a legal search of driver and vehicle after examining med card

I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched... View More

James L. Arrasmith
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answered on Mar 26, 2024

In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate... View More

1 Answer | Asked in Tax Law, Real Estate Law and Cannabis & Marijuana Law for Florida on
Q: I'm a GM working for a dispensary. I pay federal taxes out of my check but I can't get an FHA mortgage. Is this illegal?

I also get a W2. I work for a reputable dispensary operating over 40 stores in Florida. I understand it's not legal on the federal level but why am I paying federal taxes if they don't recognize cannabis income?

The easy fix would be to have it rescheduled to a schedule III... View More

James L. Arrasmith
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answered on Mar 25, 2024

Your situation reflects a complex intersection of state and federal laws. While cannabis may be legal in certain states, including Florida, it remains illegal under federal law. This legal discrepancy leads to your current dilemma: despite receiving a W-2 and paying federal taxes, your income from... View More

2 Answers | Asked in Cannabis & Marijuana Law and Real Estate Law for Florida on
Q: The HOA send me a notice that a neighbor is complaining there is cannabis smell from my balcony. I dont even smoke. Help

What can I respond to this letter?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 20, 2022

here's a sample of what you should say.

Dear HOA,

I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my...
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1 Answer | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Florida on
Q: I was under the influence of marijuana and I was stop at a stop sign and someone back up into me no one was hurt I didn’
Stephen Arnold Black
Stephen Arnold Black
answered on Aug 31, 2024

If you were hurt then retain counsel here in Florida to file a claim.

2 Answers | Asked in Cannabis & Marijuana Law and Immigration Law for Florida on
Q: Does Biden cannabis pardon effect lawfully permanent immigrants with prior simple possession of cannabis charge?

If I was deported because of a simple possession of cannabis and tampering with physical evidence and was a lawfully permanent resident at the time does president Biden new cannabis pardon grants me relief because immigration does fall under the federal level can I get my immigration case review... View More

Kevin L Dixler
Kevin L Dixler
answered on Oct 10, 2022

Statements by politicians ‘are not enough.’ In addition, if a person is “convicted,” past tense, then this can still be an issue in some Federal jurisdictions.

This is not as simple as it seems. The law was passed by Congress. A President cannot change how the law is written....
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1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: If I smoked weed 2 weeks before driving, Am I still in danger of getting a dui?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 20, 2022

No, unless you have used some other substance much more recently.

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Constitutional Law for Florida on
Q: Can I obtain legal council pro bono I’m so not have a job or any money since being released from prison a year ago

I have a co defendant that is incarcerated for the charges of possession of cannabis greater than 20 grams

It is said that I have charges coming against me for sales of meth months prior

Charles M.  Baron
Charles M. Baron
answered on Mar 28, 2022

If you are charged with a crime and cannot afford a private attorney, the Court will likely appoint an attorney to represent you at no cost to you. If you are seeking advice about your situation though not yet charged with anything, call criminal defense attorneys in your area, and you will... View More

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: Arrested earlier this year and offered a deal. I declined. Charged with the same event months later.

My discovery is completely inaccurate and it states that I waived my Miranda rights and incriminated myslef a great deal. I never waived my Miranda rights and they put all those words in my mouth, I never said I did anything and that's how the report reads is that I said I did this and that... View More

Henry George Ferro
Henry George Ferro
answered on Dec 16, 2021

I’m uncertain about what you are asking…or what the charges are? Hire the best lawyer you can and keep your mouth shut. Please re-ask your question.

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1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: My puppy ate my roommates weed and now she’s asking for the report, is this legal?

My 3 month old puppy ate some of my roommates weed and had to have an emergency visit. She is now asking for the vet records because she claims “I am creating false accusations”. She is not planning on doing anything legal with this, however she wants proof of the report saying weed was in my... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2021

Is it "legal" for her to request the records? Yes. Do you have to comply? No.

1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: Would I be able to purchase a firearm in the state of florida once my medical marijuana card expires?

I already have my concealed weapon license but thinking of getting a MM card for my issues. Would i be barred from purchasing a firearm even after my mm card expires and i am clean?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 23, 2021

To my knowledge, having a medical marijuana card doesn't prevent you from buying a firearm. A similar question was asked here a few weeks ago, and that is what I also answered then.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: 17 year old girl had 2 bags of candy endables and they were found at school in her book bag.do we need a lawyer bc the

School said they are only charging her with possession now it was turned over to the school officer and he said he is only charging for possession

Tom Murphy
Tom Murphy
answered on May 25, 2021

She is charged with a crime. The state will automatically assign her an attorney from the Public Defender's office. You can hire your own attorney if you want.

1 Answer | Asked in Business Law and Cannabis & Marijuana Law for Florida on
Q: Are text messages from 3rd party be admissible in Florida state court?

Here is the situation. The defendant is being sued for defamation and trespassing. If the partner of the defendant (who is not involved in the case) turns over text messages where the defendant admits to wrong doing to the plantiff, would these text messages be admissible in Florida state court ?... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 25, 2021

It depends on whether the person sending the text messages and the person receiving them are both in court to answer questions about the text messages.

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Florida on
Q: My neighbors door stairs have a medical card saying the can smoke weed but the smell is getting into my apartment and my

My apartment complex won’t do anything about it what can I do ?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2020

One thing you can do is ask your landlord to move you to another apartment. It would be at your expense. I suppose you've already talked to the neighbor, and he's refused to make accommodations for you.

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: How to drop charges for something he didn't commit?

for being framed

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Sep 27, 2020

What happened is he possessed a package with a controlled substance. This scenario is not as uncommon as you might think. The best way to address this situation is through a qualified and experienced lawyer. There may be other facts that you may not be aware of. Even if the marijuana charge is... View More

2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Florida on
Q: Do I qualify to have my misdemeanor expunged from my records?

My case ended in a plea of Nolo contendere. My case was handled in pinellas county. The alleged offence was possession of marijuana.

Jonathan Blecher
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answered on Jul 14, 2020

Provided you have no convictions for any other offenses in your past, a withhold of adjudication on possession of marijuana should be eligible for a record sealing, not an expungement. Expungements are reserved for charges that have been dismissed by a judge or dropped by the State.

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1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Florida on
Q: Hello! I'm a medical marijuana patient in Florida, am I allowed to carry cannabis in my car?

I'm hoping to learn the statutes, and regulations

Jonathan Blecher
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answered on Jun 5, 2020

Like other prescribed controlled substances, you must carry them in their pharmacy dispensed container with original labeling. Additionally, you must carry your valid MM card with you.

1 Answer | Asked in Cannabis & Marijuana Law for Florida on
Q: I was buying weed & I sent him the money first. Got no product, disputed money with bank. They r going to cops.

I was marijuana from someone. He asked me to send him the money first, I did. He then asked me to do a delivery fee, which I did. I did this all under my name because he never said otherwise. Things then began to get weird. He asked to see my medical card, which is my mothers who I was helping with... View More

Jeffrey Snyder
Jeffrey Snyder
answered on Apr 28, 2020

Time to stop posting facts about your potential criminal case and start contacting criminal law attorneys asap.

2 Answers | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Florida on
Q: My family wants to all of a sudden drug test me to stay in the house.

I’ve been in multiple accidents and have been dealing with pain for a while. I occasionally need it for that. I used to take narcotic and non narcotic prescription drugs prescribed to me by a pain doctor and all the others who saw me. My attitude and my emotions changed for the worse as side... View More

Jean Richardson
Jean Richardson
answered on Apr 13, 2020

Your issue is more personal than legal. Your family can't force you to take a drug test. It sounds like they don't want you to smoke in their house. That is not an unreasonable request. It also sounds like you taking a drug test is a condition precedent to you remaining in their house.... View More

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