Close Menu
We stand in support of Ukraine
Orlando Criminal Attorney
Get Legal Help Today! 407-634-6604
  • Facebook
  • Twitter
  • LinkedIn
  • Youtube
  • Instagram
Orlando Criminal Attorney > Blog > Drug Charge Defense > FAQs Surrounding Driving and Medical Marijuana

FAQs Surrounding Driving and Medical Marijuana

Florida is home to many medical marijuana patients and while these individuals do consume cannabis legally, they can still sometimes get into trouble with the law. One of the main times this happens is when medical marijuana patients are driving and either do not have their card on them, or police officers suspect they are under the influence of cannabis while operating their vehicle. If you legally use medical marijuana in the state of Florida, below are some of the most frequently asked questions, and the answers behind them.


Is it Illegal to have Medical Marijuana in Your Car?

It is not illegal to simply have a container of medical marijuana in your vehicle. However, you must present an officer with your medical marijuana card when asked, and the product should still be in the original packaging. If you do not show your card to law enforcement when asked, you could face misdemeanor charges punishable by up to 60 days in jail and a fine of no more than $5,000. However, you can still present your card either before or at your court hearing.


What Should I Do if I am Pulled Over?

The most important thing you can do if you are pulled over and have medical marijuana in the car is to remain calm. If you have a medical marijuana card, it is legal for you to transport marijuana that is for medical use. While it is natural to become nervous, do not appear anxious to the police officer. If you do, they may suspect that you are driving under the influence, and things could become much worse for you.

Can Police Differentiate Between Pot and Hemp?

When hemp was legalized throughout Florida, law enforcement officials did not have the ability to determine if a substance was cannabis or hemp. There was no device to test it in the field and so, it was nearly impossible. Now though, law enforcement does have the equipment to differentiate between hemp and cannabis so it is important to know what you are carrying, and to ensure you are complying with the law.

Are Law Enforcement Officials Allowed to Search Your Car?

Police can only search your vehicle if they have reason to believe that you are under the influence while you were operating your vehicle. You should never consent to a search of your car, as doing so alleviates the officer of their legal obligations. However, if the officer starts to conduct a search, do not argue and do not interfere. Simply do not say anything and wait until they have conducted their search and you have left the scene to contact a lawyer that can advise if the search was illegal.

Do I Need to Speak to a DUI Lawyer in Orlando?

If you have been charged with a crime, or you believe your rights were violated, you should contact an Orlando drunk driving lawyer as soon as possible. At O’Mara Law Group, we will always stand up to ensure your rights are upheld, and give you the best chance of success with your case. Call us today at 407-634-6604 or contact us online to schedule a consultation.


Facebook Twitter LinkedIn

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission.

© 2019 - 2022 O’Mara Law Group, Attorneys at Law. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.