I chose to become a traffic ticket attorney because I have very strong feelings about helping to protect the rights of others. However, as a lawyer, I try to stay neutral on certain issues, and one of those issues is the legalization of marijuana. Marijuana and the effects it has on any individual is not my area of ​​expertise, but defending that I do not engage in any illegal activity is definitely one of my responsibilities as an attorney. To the disappointment of many, the use of marijuana remains illegal in the state of Florida. Consequently, how I feel about its use is irrelevant.

Now that I have clearly established that I am neither an advocate nor a detractor of marijuana use beyond the limitations of the law, I would like to discuss the matter in more detail.

For almost four thousand years, cannabis has been used as an entheogen; that is, as a substance that is used to produce an awakening or a spiritual experience. While it is difficult to discern where this practice originated, there are historical records that indicate that it has been cultivated and harvested since humans became an agrarian society. This justification has been found in numerous countries including Africa, China, Greece, India, and Nepal, among others.

In addition to its use as an entheogen, cannabis has been used in a variety of other forms, such as an industrial fiber. This fiber is used in the manufacture of paper, textiles, and clothing, although when used for clothing, it is often combined with other types of fibers. It is also used in some foods. It has figured prominently in pop culture in the form of movies and songs, as well as becoming a multi-billion dollar industry here in the US alone.

Trying to determine exactly when cannabis became illegal in the United States is no easy task. In the early 1900s, the New York Board of Health classified it as a habit-forming drug. Also during the early years of the 20th century, controversy began to brew at the national level about the effects it has on people. There were many who felt it led to increased sexual desire, violent behavior, irrationality and, according to the New York Board of Health, habituation. As a result of concerns of this nature, the United States government began to require that products containing marijuana or its by-products be labeled “poison.”

Indeed, the Marijuana Tax Act of 1937 was initially what made it illegal. Although this law did not necessarily criminalize the possession of marijuana, it did impose penalties and enforcement provisions on those involved in the use and sale of marijuana. It was a tricky situation: you had to pay taxes if you sold or used it, but by trying to do so, you were admitting that you were in possession of it without paying tax. Consequences for violations of the law could include up to five years in prison and a $ 2,000 fine.

The Comprehensive Drug Abuse Prevention and Control Act of 1970 created legal guidelines related to the safety, record-keeping, and use (or illegality of use) of certain drugs. This law also established a classification system for various drugs, with Schedule 1 drugs being the most strictly regulated. This class of drugs includes illegal substances based on concern for safety and the level of potential addiction because they have a high possibility of abuse without an established medical purpose. Marijuana falls into this classification. Although some states have ruled that it does in fact offer medical benefits, this is a federal law that does not dictate individual state decisions on the matter.

Herein lies the heart of the problem. The debate over whether or not cannabis is harmful has been hotly debated for more than four decades. Additionally, there has been an ongoing debate for the past 20 years as to whether or not marijuana offers medicinal benefits. Recent research seems to support that it does, but there are many researchers who cannot even agree on the data the research provides. The studies that have been carried out on this unpretentious weed have been numerous and the data obtained often appear to be very different.

What has been found to be true is that marijuana contains cannabinoids like tetrahydrocannabinol (THC). This and other chemical compounds found in cannabis act on the brain. THC is a pain reliever, so it helps reduce pain levels while increasing appetite and relaxation, but reduces aggression levels. Reduced pain levels is the reason it is often suggested for use in cancer patients, and increased appetite is the reason it is frequently recommended for HIV / AIDS patients. However, because there are other psychoactive effects that are not understood, medical use remains the subject of much controversy.

One thing that is not up for debate is the passion that supporters / detractors feel for the issue. Like the studies that showed the positive results mentioned above, some studies indicate that long-term use can result in short-term memory loss, skewed perception, loss of balance, and other problems.

It seems that everyone has an opinion on this and very few people adopt an indifferent attitude about whether Cannabis should be legalized or not. There are those who press for its legalization for recreational purposes; some who believe it should only be allowed for medical purposes; And then there are others who think that it is not only harmful but also opens the door to users trying other more dangerous drugs.

In 2014, Florida legislation was drafted in an effort to legalize marijuana for medicinal use. This attempt was widely publicized and under much scrutiny from many Floridians. In fact, it was such a controversial, yet popular topic that many people assumed it would surely pass. After all, in recent news, several other states had successfully tackled similar issues. Naturally, some people, especially those who see marijuana as beneficial or causing little or no harm, assumed the legislation was passed.

Unfortunately for proponents of its legalization, it failed by a narrow margin. This was a great disappointment for many Florida residents. Consequently, it is still illegal and can carry some pretty harsh penalties if found in possession of it.

Some of these penalties can be quite significant, such as deportation of non-native residents. With the diverse ethnic diversity found in Florida, the implications can be great. If a non-native Florida driver is pulled over by a police officer and even a small amount of marijuana is found in the vehicle, you can be deported. It is not even necessary for the person to be found guilty of possession of a felony. This is true regardless of whether a non-native driver is a legal or illegal resident of the state. This can happen even if it is a misdemeanor derived from a small amount for personal use. Again, you don’t even need to be convicted and you still face deportation, and the ramifications of deportation can be devastating, especially for families.

Although we should be able to rely on the Fourth Amendment to protect us in such circumstances, the Florida Supreme Court has determined that if a police officer states that they smell marijuana during a traffic stop or if they see drug paraphernalia in the car, this gives them probable cause for register the vehicle. Another frustrating fact is that if you ask if you can register your vehicle and you refuse, this also establishes probable cause in the eyes of the law.

Yes, marijuana is still illegal in the state of Florida; however, our justice system states that everyone has the right to a fair defense, and that includes both legal and illegal residents. If you’ve been charged with possession during a traffic stop, call us at 954-967-9888 for a free consultation. Each of our residents has the right to be treated equally.