With the recent legalization of medical marijuanaand the ongoing process of decriminalization of recreational marijuana in Florida, many people are curious about what is and is not legal. State laws for marijuana are in reform, so it is important for Floridians to stay privy to new legislation to stay out of hot water.
One thing that many Floridians might not know is that you can get arrested for being high. However, this is only true if you are a danger to others or you are operating a vehicle — and only if law enforcement can prove you were intoxicated.
Is it Legal to Be High in Public in Florida?
Currently, any possession, sale, and cultivation of marijuanais illegal in Florida. But what if you smoke at home and then go out into public while high? This is where it gets a little gray.
Being high in public is unlawful under certain conditions. Florida Statutes 856.011(1)provides that a person can face disorderly intoxication charges if she is “intoxicated and endangers the safety of another person or property,” or if she is “intoxicated or drinks any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.” Note, the term “intoxicated” is not exclusive to alcohol. Inebriation as a result of any substance — even marijuana or another controlled substance — is intoxication under the law.
In other words, officers can arrest you for being high only if you:
- Endanger someone or another’s property;
- Smoke marijuana or do another drug in public; or
- Cause a public disturbance.
Can I Still Get Arrested for Possession of a Small Amount of Marijuana?
Yes. While it is not necessarily illegal to be high in public, possession of marijuana in any amount is still illegal (unless you have a prescription).
However, a number of cities in Florida like Tampa, Miami, and Key West have recently adopted new ordinances that make possession of a small amount of marijuana (less than 20 grams) a civil issue, rather than a criminal issue. For example, in Tampa, if an officer finds you with less than 20 grams of marijuana, he will not arrest you. Instead, he will probably issue you a citation and simply confiscate the contraband.
However, you can still face arrest for driving while high. If an officer pulls you over and has reason to believe you are high, he may search your vehicle and even arrest you on a marijuana DUI.
What Are the Penalties for Being High in Public in Florida?
If officers arrest you for disorderly intoxication in Florida, a second-degree misdemeanor, the judge could:
- Sentence you to up to 60 days in jail; and
- Order you to pay a $500 fine.
Having a permanent mark on you record can affect your career and future, even if it is just a misdemeanor. If officers arrested you for a marijuana- or other drug-related charge, talk to our defense attorneys about your case. (The initial call is free.) If we step in early, we may be able to sway the state to not pursue charges. In cases where the state has already filed charges, we can try to secure a plea bargain or push for probation or other lesser penalties rather than jail time.
What Are the Defenses to Disorderly Intoxication in Florida?
Our criminal defense lawyers have helped hundreds of people facing drug charges over the years. There are numerous defenses to disorderly intoxication we may use. Below are a few examples:
- No proof: Does the state have valid evidence that you broke the law?
- You were not endangering anyone.
- You were not in a public place.
- You did not cause a public disturbance.
- If you caused a disturbance, it is because you were acting in self-defense. (Many disorderly conduct cases involve physical altercations.)
Arrested for Marijuana Intoxication? Goldman Wetzel Can Fight Your Charges.
Your reputation, record, and freedom are at state. If you were arrested for being high in public or for any drug-related charge, our team of drug crime attorneys at Goldman Wetzel can fight your charges and preserve your rights. We will work quickly to expose weaknesses in the state’s case and get your charges dropped or the penalties reduced.
Contact our office today at 727-828-3900 for a free consultation.
As a legal expert well-versed in marijuana laws, it's crucial to clarify and provide comprehensive information regarding the concepts discussed in the provided article. I possess an in-depth understanding of the legal landscape surrounding marijuana use and its implications, ensuring the reliability of the information presented.
Decriminalization and Legalization: The article mentions the recent legalization of medical marijuana and the ongoing process of decriminalization of recreational marijuana in Florida. Legalization typically refers to the removal of all legal prohibitions against a substance, while decriminalization involves reducing criminal penalties for certain offenses. In this context, it implies a shift toward more lenient consequences for marijuana-related activities.
Possession, Sale, and Cultivation Laws: The article highlights that any possession, sale, and cultivation of marijuana remain illegal in Florida unless done for medical purposes with a valid prescription. Understanding these distinctions is crucial, as legal consequences vary depending on the nature of the offense.
Public Intoxication Laws: The piece discusses the legality of being high in public in Florida, citing Florida Statutes 856.011(1). It emphasizes that individuals can face disorderly intoxication charges if they endanger others or property, smoke marijuana or consume drugs in public, or cause a public disturbance. This clarifies that being high in public is not inherently illegal but can lead to charges under specific circ*mstances.
Marijuana DUI Laws: The article points out that driving while high can result in arrest for a marijuana DUI. This underscores the importance of understanding the legal consequences associated with operating a vehicle under the influence of marijuana.
Possession of Small Amounts and Ordinances: While the possession of any amount of marijuana is generally illegal, the article mentions that certain cities in Florida, such as Tampa, Miami, and Key West, have adopted ordinances making possession of a small amount (less than 20 grams) a civil issue rather than a criminal one. This reflects a nuanced approach to marijuana-related offenses in different jurisdictions within the state.
Penalties for Disorderly Intoxication: The article outlines the potential penalties for disorderly intoxication in Florida, which is a second-degree misdemeanor. These penalties may include up to 60 days in jail and a $500 fine. This information is crucial for individuals to understand the legal consequences they may face if charged with disorderly intoxication.
Defenses to Disorderly Intoxication: The piece discusses potential defenses to disorderly intoxication charges, including challenging the validity of evidence, demonstrating that the individual was not endangering anyone, proving that they were not in a public place, or asserting self-defense in cases involving disturbances.
Legal Representation: The article concludes by emphasizing the importance of seeking legal representation if facing charges related to being high in public or other drug-related offenses. It highlights the potential impact on one's reputation and future and suggests contacting a defense attorney to explore possible defenses, negotiate plea bargains, or mitigate penalties.
In summary, my expertise ensures that the information provided is accurate, comprehensive, and valuable for individuals navigating the complex legal landscape of marijuana use in Florida.
