Summer 2017


Criminal Penalties There are also many criminal penalties set forth in the bill. There are two activities that law enforcement will likely face. First, a qualified patient or caregiver who cultivates marijuana or who purchases or acquires ma- rijuana from any person other than a medical marijuana treatment center violates s. 893.13 F. S. and is sub- ject to the penalties therein. Second, a qualified patient or caregiver in possession of marijuana or a marijua- na delivery device who fails or refuses to present his or her authorized marijuana registry identification card upon the request of a law enforcement officer commits a misdemeanor of the second degree unless it is de- termined through the medical marijuana use registry that the person is authorized to be in possession of that marijuana or marijuana delivery device.


Governor Scott has stated that he will sign this comprehensive legislation which will likely trigger the Depart- ment of Health’s rule-making process. Expect several groups to attack this implementation of Amendment 2 – some for going too far and some for not going far enough.


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