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Marijuana Prosecution Varies by Circuit

On July 1, 2019 Florida Statutes no longer included hemp in the definition of cannabis. So hemp and hemp products with less than 3% THC are legal. Cannabis and hemp cannot be distinguished by sight or smell. And a field test is unable to tell law enforcement what percentage of THC is in an item.

As a result, Alachua county has, essentially, decriminalized marijuana. If there is a sufficient criminal background, or a large amount of marijuana or some other reason to proceed with the case the Eighth Judicial Circuit may find other ways to prosecute a marijuana case, but there has to be a compelling reason.

However, in Marion County, prosecutors are moving forward with cannabis cases. The Fifth Judicial Circuit is addressing these cases on a case by case basis, but overall marijuana is being prosecuted in a business as usual manner.

Even a small amount of marijuana may result in a conviction for a first-degree misdemeanor – carrying up to a year in jail and a one thousand dollar fine, and there can be serious repercussions for your driver’s license. If you need help with a cannabis case in Florida, make sure that you hire an attorney who understands not only the law by the decisions of local prosecutors and law enforcement. Call Dunham and Ingram today.