Florida Medical Marijuana DUI: Statutes, Definitions, Case Process, Penalties, and Defenses

The use of medical marijuana in Florida has increased since the passage of Amendment 2 in 2016. However, while medical marijuana is legal for certain conditions, it is essential to understand that driving under the influence of marijuana, whether medical or not, is illegal and can result in severe penalties. This article will delve into the intricacies of Florida's medical marijuana DUI laws, the criminal case process, potential penalties, and the top 10 potential defenses. If you or a loved one is facing a medical marijuana DUI charge, contact Musca Law, P.A., available 24/7 at 1-888-484-5057 for a free consultation.

Florida Statutes and Definitions Concerning Medical Marijuana DUIs

The primary statute governing DUI offenses in Florida is Florida Statutes Section 316.193. This law makes it illegal to operate a motor vehicle while under the influence of marijuana or any other controlled substance, including prescription medications, to the extent that it impairs the person's normal faculties.

Medical marijuana is governed by Florida Statutes Section 381.986, which allows for its use by qualifying patients with debilitating medical conditions. However, this statute does not provide immunity from DUI charges.

To understand Florida's medical marijuana DUI laws, it is crucial to familiarize yourself with a few definitions:

  1. Driving Under the Influence (DUI): Operating a motor vehicle while impaired by alcohol, controlled substances, or chemical substances, including marijuana.
  2. Normal Faculties: The ability to perform ordinary mental and physical tasks, such as walking, talking, seeing, hearing, and making judgments.
  3. Controlled Substance: Any substance listed in Florida Statute 893.03, including marijuana, even if it is prescribed for medical use.

The Criminal Case Process in Florida

The criminal case process for a medical marijuana DUI in Florida involves several stages:

  1. Arrest: A law enforcement officer will arrest the suspect if they have probable cause to believe that the person was driving under the influence of marijuana.
  2. Booking: The suspect is processed at the police station, where their personal information, fingerprints, and photographs are taken.
  3. First Appearance: Within 24 hours of the arrest, the suspect appears before a judge, who determines whether there was probable cause for the arrest and sets bail, if appropriate.
  4. Arraignment: The suspect is formally charged with DUI and enters a plea of guilty, not guilty, or no contest.
  5. Pretrial Conference: The defense attorney and prosecutor discuss the case, exchange evidence, and attempt to resolve the case through a plea bargain.
  6. Motions: The defense attorney may file motions to suppress evidence or dismiss the charges.
  7. Trial: If the case goes to trial, the prosecution must prove all elements of the DUI offense beyond a reasonable doubt.
  8. Sentencing: If convicted, the defendant is sentenced according to the penalties prescribed by law.

The Punishments and Penalties for a Medical Marijuana DUI in Florida

Penalties for a medical marijuana DUI in Florida depend on various factors, including the defendant's prior DUI history and whether anyone was injured or killed. Potential penalties include:

  • Fines: $500 to $5,000, depending on the severity of the offense and the number of prior convictions.
  • Imprisonment: Up to one year in jail or up to five years in prison, depending on the circumstances of the case.
  • Probation: Up to one year for a first offense, up to five years for subsequent offenses.
  • Community Service: Mandatory 50 hours for a first offense, additional hours for subsequent offenses.
  • Vehicle Impoundment: 10 days to 90 days, depending on the number of prior convictions.
  • Driver's License Suspension: 180 days to permanent revocation, depending on the number of prior convictions and the severity of the offense.
  • DUI School: Mandatory attendance at a state-approved DUI course.
  • Ignition Interlock Device: Installation of an ignition interlock device on the defendant's vehicle for a specified period.

Elements the Prosecution Must Prove

To secure a conviction for a medical marijuana DUI in Florida, the prosecution must prove the following elements beyond a reasonable doubt:

  1. The defendant was in actual physical control of a motor vehicle.
  2. The defendant was under the influence of marijuana or another controlled substance.
  3. The defendant's normal faculties were impaired as a result of the marijuana or controlled substance use.

The Negative Consequences of a Medical Marijuana DUI Conviction

A medical marijuana DUI conviction in Florida can have lasting negative consequences, including:

  • Criminal Record: A DUI conviction will appear on the defendant's criminal record, which may affect employment, housing, and educational opportunities.
  • Insurance Rates: Auto insurance rates may increase significantly following a DUI conviction.
  • Professional Licenses: Some professional licenses may be suspended or revoked due to a DUI conviction.
  • Immigration Status: Noncitizens may face deportation or denial of naturalization following a DUI conviction.

Top 10 Potential Defenses

A skilled defense attorney may use various defenses to fight a medical marijuana DUI charge, including:

  1. Lack of Probable Cause: Challenging the law enforcement officer's probable cause for the initial traffic stop or arrest.
  2. Inaccurate Field Sobriety Tests: Arguing that the field sobriety tests were administered improperly or are unreliable.
  3. Inadmissible Evidence: Suppressing evidence obtained through an illegal search or seizure.
  4. Medical Conditions: Presenting evidence of a medical condition that could have affected the defendant's performance on field sobriety tests or caused symptoms similar to impairment.
  5. Inaccurate Drug Test Results: Challenging the accuracy and reliability of drug test results, including blood and urine tests.
  6. Chain of Custody Issues: Identifying errors or inconsistencies in the handling and processing of drug test samples.
  7. Prescription Defense: Presenting evidence that the defendant was using marijuana legally and under the supervision of a physician.
  8. Lack of Impairment: Demonstrating that the defendant's normal faculties were not impaired at the time of the arrest.
  9. Miranda Rights Violations: Suppressing statements made by the defendant if their Miranda rights were not properly read or understood.
  10. Plea Bargain: Negotiating a favorable plea bargain with the prosecution to reduce or dismiss the charges.

How Does an Experienced Florida DUI Defense Attorney  Help the Accused? 

An experienced Florida DUI defense attorney plays a crucial role in helping the accused navigate the legal process and achieve the best possible outcome in their case. Here are several ways an experienced DUI defense attorney can help the accused:

  1. Expert Knowledge: DUI laws are complex, and an experienced attorney has a deep understanding of the relevant statutes, case law, and court procedures. They can effectively identify legal issues, defenses, and strategies that may not be apparent to someone without their expertise.
  2. Protecting Rights: A skilled DUI defense attorney ensures that the accused's rights are protected throughout the legal process, including their right to remain silent, right to a fair trial, and right to be free from unreasonable searches and seizures.
  3. Building a Strong Defense: An experienced attorney can thoroughly investigate the case, gather evidence, interview witnesses, and scrutinize the prosecution's evidence to develop a strong defense strategy. They can also identify weaknesses in the prosecution's case and exploit them to the accused's advantage.
  4. Negotiating Plea Bargains: A skilled defense attorney can negotiate with the prosecution to secure a favorable plea bargain that may result in reduced charges or penalties. They can also advise the accused on whether accepting a plea deal is in their best interest.
  5. Representing the Accused in Court: An experienced DUI defense attorney can effectively represent the accused in court by presenting persuasive arguments, cross-examining witnesses, and challenging the prosecution's evidence. They can also ensure that the accused's case is presented in the best light to the judge or jury.
  6. Mitigating Penalties: A skilled attorney can present mitigating factors and argue for leniency during sentencing. They can also help the accused navigate the requirements of probation, community service, DUI school, or other court-imposed conditions.
  7. Handling Appeals: If the accused is convicted, an experienced DUI defense attorney can evaluate the case for potential appealable issues and, if appropriate, represent the accused in the appellate process.
  8. Providing Support and Guidance: Facing a DUI charge can be a stressful and confusing experience. A knowledgeable defense attorney can provide the accused with support, guidance, and reassurance throughout the process, helping them make informed decisions and understand the potential consequences of their choices.

An experienced DUI defense attorney from Musca Law, P.A. plays an essential role in protecting the accused's rights, building a strong defense, and achieving the best possible outcome in their case. If you or a loved one is facing a DUI charge, it is crucial to consult with an experienced defense attorney to ensure the best possible representation and outcome.

Facing a medical marijuana DUI charge in Florida can be a daunting experience with potentially severe consequences. It is crucial to consult with an experienced defense attorney who understands the complexities of Florida's DUI laws and can aggressively advocate on your behalf. Musca Law, P.A., offers a team of skilled attorneys who are available 24/7 to provide a free consultation and discuss your case. Don't let a medical marijuana DUI charge ruin your life – call Musca Law, P.A., toll-free at 1-888-484-5057 today.