industry has thrived in Florida over the past five years. The state’s voters decisively approved a constitutional amendment in 2016 legalizing the medical use of marijuana, and the following year the Florida Legislature passed laws creating the framework for a program within the Florida Department of Health.
Florida does not seem likely to join either of those last two groups in the near future. Advocates sought to place a constitutional amendment on the ballot this year to make recreational use of marijuana legal, but a judge struck down the proposed measure as not meeting state guidelines for clear language.
DeSantis’ office did not respond to an email asking if the governor opposes decriminalizing marijuana possession or if he would veto a legalization bill if the Legislature were to pass one. The possession charge jumps to a felony if it occurs within 1,000 feet of a school, college or park. If the amount is 20 grams or more, the charge becomes a felony with a maximum sentence of five years.
“For a long time now, especially for a first offense or second offense, most of the time people are getting court costs and stuff like that — not really any probation anymore,” Minardi said. “Usually they get probation if it's a second or third offense, potentially. Orr said the State Attorney’s Office independently evaluates each case. He said the “vast majority” of misdemeanor defendants are offered diversion, a path that moves the case out of the court system and allows the opportunity to avoid a criminal record.
Turner said he hired a lawyer rather than using a public defender and escaped with a fine and had adjudication withheld.