Is Weed Legal in Florida? New Orlando Florida Marijuana Laws
The times they are a changing! The City Beautiful, Orlando that is, recently adopted a new city ordinance relating to the possession of small amounts of Marijuana and some paraphernalia.
By a narrow 4-3 vote, the city enacted the ordinance which allows for civil remedies on possession of less than 20 grams of Marijuana.
This ordinance takes effect October 1, 2016.
Under the new ordinance, persons in possession of less than 20 grams of marijuana and paraphernalia would be eligible to receive a citation as opposed to arrest or a notice to appear for a misdemeanor charge.
– For first time offenders, a $100.00 fine would be imposed.
– For a second offense, a $200.00 fine would be imposed.
– For third and subsequent offenses, there would be a required court appearance and $500.00 fine.
– If an offender cannot afford or chooses not to pay the fine, they can perform eight hours of community service or attend an eight hour substance abuse education course to satisfy the fine.
While this is a step in the right direction, there are still many questions left to be answered. The ordinance does not replace the existing Florida Statute which makes possession of less than 20 grams of marijuana and/or paraphernalia a 1st degree misdemeanor punishable by up to one year in jail and up to a $1000.00 fine. Thus, law enforcement is still able to arrest someone within city limits for possession.
Law enforcement has stated that they still will retain the right to use discretion in determining if someone should receive a citation or face arrest. But what does this discretion mean? Previous criminal history surely will be a factor. As will factors such as was the marijuana for personal use or for sale.
But will other factors come into play such as the persons attitude, the time of day, a particular neighborhood, or race?… Only time will tell.
Moving forward, this is a good first step.
But if you decide to venture out after October 1, 2016 with less than 20 grams of marijuana remember the following:
This ordinance is only enforceable within Orlando city limits. That means you need to know where the city borders are. Outside of Orlando city limits, local law enforcement or the Orange County Sherriff’s office will not be able to offer you this program and you can be arrested under the Florida Criminal Statute.
UCF does not fall within the Orlando city limits. Additionally, UCF follows state laws, so even if Orange County passed a similar ordinance, students on campus would still be punishable under the Florida Criminal Statutes.
Officers within Orlando city limits have the “discretion” to use this citation. They will always retain the right to arrest you, even for having less than 20 grams.
That there is no clear answer on the potential effect receiving such a citation will have.
Under Florida law, paying a civil citation such as a speeding ticket is effectively an admission of guilt. What effect will paying these citations cause? Would paying the citation reflect an admission of guilt? What effect would receiving such a citation have on admission or standing at public schools or universities?
What effect would receiving such a citation have on business licensing both within the city and elsewhere? What about professional licenses? What about the eligibility for future Pre Trial Diversion programs offered by the Courts and State Attorney’s offices?
That the odor of burning marijuana will remain probable cause for law enforcement to subject you and potentially your property to search. If you possess other contraband such as a weapon or other illegal controlled substances, you can still be charged criminally for those items.
These questions will ultimately be answered over time. But until they are, use caution in determining the possible effects this ordinance may have on you.
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