Marijuana “Decriminalized” in Orlando…DON’T BE MISLED!

 On May 9, 2016 media and news sites were full of headlines and stories stating that marijuana in Orlando had been decriminalized.  It is true that the Orlando City Council, by a vote of 4-3, approved the use of civil citations for small amounts of marijuana.  However, don’t think you are automatically entitled to a civil ticket if you get caught with marijuana.  You can still go to jail for a small amount of weed!

Details of the New Ordinance

 The new ordinance which goes into effect on October 1^st applies only to those offenders in possession of 20 grams or less of marijuana.  It allows law enforcement to give a first time offender a $100 citation, $200 for a second offense and a mandatory court appearance for a third offense.  Instead of paying a fine, there is also the option to complete eight hours of community service or eight hours of substance abuse education.  It’s important to note that anything over 20 grams will result in an arrest and felony charge.

The Reality of the Current Marijuana Law in Florida

 Possession of a small amount of marijuana in Florida is still a first degree misdemeanor punishable by a combination of up to one year in jail, one year of probation and a $1,000 fine.  The Orlando ordinance did not exactly decriminalize marijuana in Florida.  A more accurate word would be it “deprioritized” marijuana offenses in Orlando.  The ordinance “allows” police officer to only give a ticket, but possession of even one gram of marijuana is still a misdemeanor in the State of Florida so an officer can arrest you, take you to jail and charge you with a misdemeanor crime if you are in possession.  This is true even if you are a first offender, as it will be left completely to the officer’s discretion.  Since Orlando Chief John Mina did support the passing of the ordinance, it is likely that he would instruct his officers to issue citations for first or second time offenders caught with only a small amount.  However, don’t be misled and think you have a legal defense based solely on the officer’s decision not to give you a citation.