Florida lawmakers implemented Florida Statute § 381.986 in response to the passage of the medical marijuana constitutional amendment on the November, 2016 ballot. 

What are the laws in Florida for edibles containing marijuana for medical use? There are many restrictions outlined in the Florida Statute referenced above which relate specifically to edibles for medical marijuana use. Those restrictions include the specification that edibles may not be attractive to children or “bear any reasonable resemblance to products available for consumption as commercially available candy.” Under this law, edibles, such as pot gummies, that look like candy or are attractive to children are illegal even for medical marijuana use.

Is it a felony in Florida to possess marijuana edibles or oils without a prescription? Yes, a person caught without a prescription in possession of marijuana in the form of an edible or a vape is at risk of being charged with a felony offense pursuant to Florida Statute § 893.13(6)(a) and §893.03(1)(b)(190).

Due to the greater availability of marijuana vapes, oils and edibles, we have seen a number of felony charges for the possession of marijuana oils and edibles by clients who did not have a medical marijuana card at the time of the possession of the marijuana vapes, oils and edibles.

The penalties for a felony offense in the state of Florida are significant.  A third degree felony is punishable by up to five years incarceration and/or probation.  If you find yourself charged in Bay County or the surrounding areas with felony possession of marijuana oils and/or edibles, it is extremely important that you contact a good Panama City criminal defense attorney to assist you in your case. 

If you have been arrested and need legal assistance from a criminal defense attorney with a possession of marijuana oil or marijuana edible charge in Panama City or Panama City Beach, contact The Morris Law Firm for a free consultation.