A lot of people in Florida believe that once they get a medical marijuana card, they are completely protected from criminal charges.
That is not always true.
After more than 30 years defending criminal cases, I keep seeing the same pattern involving medical marijuana misuse in Florida. People legally possess marijuana, but then get arrested because of how or where they use it.
And honestly, this is one of those situations where people simply do not realize the law works differently than they think it does.
Florida Medical Marijuana Laws Still Have Restrictions
Under Florida law, qualified patients can legally possess medical marijuana purchased from licensed dispensaries.
That part is true.
The problem starts with how the marijuana is used.
Florida Statute 381.986 contains rules that many medical marijuana patients either overlook or never fully read. One specific section, subsection 12(c), creates criminal penalties for certain types of use.
According to the statute, using medical marijuana in plain view or inside places like vehicles, boats, school grounds, or public areas can lead to criminal charges.
That offense is classified as a first-degree misdemeanor in Florida.
Why Medical Marijuana Misuse Arrests Happen
A lot of these cases begin during ordinary traffic stops.
An officer pulls someone over, realizes the driver has a valid medical marijuana card, and initially cannot arrest them for possession alone.
That is when officers often start looking for evidence of misuse instead.
Sometimes the evidence is surprisingly small.
People leave remnants of marijuana products inside cup holders, center consoles, or visible areas of the vehicle. Others leave behind packaging, ashes, or partially used blunts.
Those details may become evidence suggesting the marijuana was used inside the car.
That is how many medical marijuana misuse arrests happen.
Why Using Marijuana in a Vehicle Creates Problems
Many drivers do not realize the law treats marijuana use inside vehicles very seriously.
Even if someone legally purchased the marijuana, using it while inside a vehicle may still violate Florida law.
The comparison is similar to open container alcohol laws. Just because alcohol itself is legal does not mean someone can openly consume it inside a car.
Medical marijuana works the same way in many situations.
Unfortunately, some people mistakenly assume having the card protects them from everything that follows.
It does not.
How Police Investigate Medical Marijuana Misuse
Officers are trained to look for evidence during traffic stops.
Once they determine someone legally possesses medical marijuana, the focus may quickly shift toward whether the person violated misuse laws instead.
Visible smoke, marijuana odor, ashes, wrappers, or partially used products may all become part of the investigation.
That is why keeping vehicles clean and avoiding marijuana use inside the car matters so much for Florida medical marijuana patients.
A small amount of visible evidence can suddenly turn a routine stop into a criminal case.
Final Thought
Medical marijuana laws in Florida give qualified patients important protections, but those protections still come with limitations.
Understanding where and how marijuana can legally be used matters more than many people realize.
Because in a lot of these cases, people are not getting arrested for possession.
They are getting arrested for misuse.
About John Guidry II
John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
John Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.