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Summary: A Florida attorney and his law firm claim that medical marijuana is already legal under Florida case law.
Florida residents are gearing up to vote on Amendment 2, which will allow medical marijuana in that state. ActionNewsJax.com reports Ian Christensen, a Florida attorney with the law firm Health Law Services, has commented that, in his opinion, medical marijuana is already legal in his state. In fact, Health Law Services has started issuing ID cards for medical marijuana to patients in the area.
Christensen explained, “It helps or aids the officer in their investigation so they can determine whether there’s probable cause to make an arrest.”
According to Florida’s “Doctrine of Medical Necessity,” Christensen posits that medical marijuana is legal if one’s doctor approves of using the substance and if certain criteria are met by the patient. Christensen adds that the legality of medical marijuana stems from the case Jenks v. Florida. The firm has also referred to other Florida cases to support their position, including a 1991 appellate court decision.
Christensen was an advocate for the medical use of marijuana, saying, “You didn’t cause your illness yourself or intentionally to obtain the controlled substance. That there isn’t a safer medicine available for your condition to treat your illness and that the benefits you would receive on using it would outweigh the harm it would cause to you.”
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If you’re a Florida resident, Health Law Services will charge $799 to gather medical records, cover legal services, and set you up with a doctor who will determine if you qualify for medical marijuana usage.
Law and Safety Expert Dale Carson said, “Know that possession of marijuana, which is a controlled substance, is illegal. And the mere possession of a card certifying you as being able to use medical marijuana in Florida doesn’t have any legal standing.”
Carson admitted that the case law Health Law Services refers to is correct, but feels that the situation is very case-specific, and that only a judge would be able to decide such an issue: “It is true medical necessity may be an absolute defense but it’s what is known as an affirmative defense, which means it works in a courtroom, not on the street.”
Photo credit: thenationalmarijuananews.com
