FL Enters the "Stoned Age" With New Edible Marijuana Laws

FL Patients Get the “Green Light” on Edible Greens

Florida’s medical marijuana patients can look forward to a new, legal way of getting the treatment they need. Effective August 27, 2020, emergency rules governing edible medical marijuana will give qualified patients access to a broader selection of cannabis products. While smoking medical marijuana was legalized in 2019, this new edibles law will give qualified Florida residents a new method to treat their medical conditions.

For those who don’t know, edibles are marijuana-infused food products that can take the form of candy, desserts, beverages and even elaborate culinary dishes. Under the new emergency law, the following regulations apply:

  • Edibles cannot have primary or bright colors to minimize attraction to children
  • Edibles can come in the form of lozenges, gelatins, baked goods, chocolates and drink powders
  • Edibles must not resemble any commercially available candy
  • Edibles must be packaged appropriately
  • Tetrahydrocannabinol (THC) levels in edibles must not exceed 10 mg in single servings or 200 mg in multi-servings

Edible Medical Marijuana Tips

NOTE: Though I’m not a doctor or psychologist, literature from medical and manufacturer sources advise great care when consuming edibles. Always follow prescribed medical advice, and do not drive after taking any THC product.

While this progressive new law helps many qualified patients access alternative medical marijuana treatments, it’s important to consider the following tips to best avoid anxiety, paranoia, and a DUI accusation:

  • FL patients who took advantage of smoking medical marijuana when it was legalized in 2019 have likely felt the immediate effects of THC. But edibles can take one to two hours to fully kick in. Thus, you should avoid consuming too many edibles at once; observe how you feel after two hours before consuming more.
  • Don’t have edibles on an empty stomach or else you may increase your chances of overdosing. For a better experience, you should eat normal food before eating cannabis-infused food.
  • Edibles can last for 6 hours or more. Thus, it’s important to plan ahead to ensure you will not need to get behind the wheel or operate any machinery, or you may suffer a DUI charge as a result.
  • Consume your edibles in a comfortable, relaxing environment, especially if it’s your first time. It’s important to be mindful of who you surround yourself with because you could end up having anxiety or a panic attack if you’re in an unfamiliar setting. Edibles are intended to relax and relieve but can do the opposite if they’re not consumed in an appropriate environment.

FL Drug DUI Penalties

A DUI drug test can detect THC in a person’s system even if they took an edible 90 days ago. Specifically, THC can stay in a person’s blood for 3 to 4 days, saliva for up to 3 days, urine for up to 30 days, and hair for a maximum of 90 days.

These facts bring in to question the reliability of DUI drug tests. If you were sober and got pulled over on the suspicion of being high, your drug test may reflect a falsely positive result from the THC that you consumed or smoked months ago. However, your drug test results combined with a drug recognition expert’s (DRE) testimony may convince a judge that you were DUI.

If convicted of this offense, you may suffer the same penalties as those of alcohol-related DUIs:

  • First offense: $500 to $1,000 fine, 6-month driver’s license suspension and/or up to 6 months in jail.
  • Second offense: $1,000 to $2,000 fine, a maximum 1-year license revocation, 1-year ignition interlock device installation and/or up to 9 months in jail.

To best avoid a Florida DUI conviction, I advise you to secure legal counsel from a former prosecutor with over three decades of experience. I have the qualifications, experience, and skills required to help you fight your Miami drug DUI charges. I understand that edibles are becoming a newly integrated aspect of Florida’s medical marijuana industry but can have costly effects for patients - and I’m not just talking about a bad “high.”

If you are facing DUI charges in Miami, please don’t hesitate to contact me at (305) 707-0036 to learn how I can defend you.