Page 10 - Florida Sentinel 9-30-22

State News
Marijuana Possession Is A Crime That’s Forgiven In Some Cases
Editor’s note: This com- mentary is provided by the Medical Marijuana Education and Research Initiative (MMERI) of Florida A&M University.
While possession of mari- juana is still a crime in Florida, getting caught with it does not necessarily lead to arrest and criminal prosecution in some cities and counties. Circum- stances have a lot to do with how legal jurisdictions handle marijuana cases, with incarcer- ation a likely avoidable out- come for many offenders caught with less than 20 grams.
As State Attorney Jack Campbell explains, the charge for marijuana posses- sion ranges from a misde- meanor to a felony depending on the amount and what a per- son intends to do with it. For example, possessing less than 20 grams of pot is a misde- meanor punishable by up to a year behind bars and a fine, though there are resources available to keep offenders out of jail and wipe their slates clean. Possession cases involv- ing larger amounts of mari- juana and suspected criminal intent to distribute it that could lead to convictions, prison sen- tences, and hefty fines.
Mr. Campbell represents Florida’s 2nd Judicial Circuit, a jurisdiction that encom- passes six North Florida coun-
STATE ATTORNEY JACK CAMPBELL
ties — Franklin, Gadsden, Jef- ferson, Leon, Liberty, and Wakulla. Leon, in which Talla- hassee is located, is the most populated county his office oversees.
Law enforcement officers, he says, have discretion in de- termining how someone pos- sessing less than 20 grams of marijuana is processed through the justice system.
An officer “can either arrest you or issue you what's called ‘a notice to appear,’ which has the same legal effect, but you don't go to jail. Or he can write a report called a pre-arrest di- version, where he would refer that case to our office. That way you don't have a criminal arrest on your record,” says Mr. Campbell.
Of the thousands of legal cases his office handled last
ANTHONY WASHINGTON
year, he says only 82 were for marijuana crimes, and most of them were sent to a diversion program that offers low-level offenders a second chance.
“They sign a contract, pay the cost of prosecution, and for us to supervise them; our pros- ecutors will sometimes require them to go get a substance- abuse evaluation,” Mr. Campbell says. “We always make them do some commu- nity service, and if they don't get into more trouble. . . in usually three to six months, we will drop the case. That allows them to not have the lasting stigma of having either an ar- rest or a conviction on their record.”
In some cases involving more than 20 grams of pot, a felony, Mr. Campbell says of- fenders may be able to plead down to a misdemeanor or go to “drug court.”
Like the diversion program, drug court (which usually takes 12-18 months to complete) sets rules that must be followed, such as taking urine tests, un-
SHANNON CASH-RUSSELL
dergoing counseling, and ap- pearing in court for status checks, says Shannon Cash- Russell, director of Criminal Courts with the Leon County Clerk of the Circuit Court & Comptroller.
“Once all those conditions have been completed and they have paid a $95 monthly fee, which covers all the services, the state will go ahead and ap- prove dismissing the charges, and we'll get an order of dis- missal,” says Ms. Cash-Rus- sell.
Repeat marijuana offenders usually do not qualify for the more lenient options and wind up on either probation or in jail, but they are not subjected to a three-strikes law that would require more severe terms of punishment.
Interestingly, someone serving probation, regardless of the crime, may still be able to use medical marijuana in Florida, according to An- thony Washington, supervi- sor of Probation with Leon County Government.
“If you have a valid medical marijuana card and you keep that card valid, we will still test you, but we will excuse you for the medical marijuana piece,” he says, referring to probation- ers who are drug tested.
But, Campbell adds, med- ical marijuana use is prohib- ited during periods of incarceration.
The state attorney believes Florida will someday legalize adult-use marijuana, but he is concerned there will be unin- tended consequences from such a move.
“The greatest concern I see with legalization is on traffic safety. That's what we're hear- ing and seeing from the states that have gone legal; that you're seeing a spike in traffic homicides," he says.
Washington offers a dif- ferent perspective on legaliza- tion, saying, “I just hope that, if we are going to take that route, that we specifically in- crease programs like FAMU’s Medical Marijuana Education and Research Initiative [MMERI] and we do more re- search to see what the eco- nomic effects, social effects, as well as the effects on some mi- norities are.”
Visit https://bit.ly/Flori- dasLaws to watch MMERI’s Conversations on Cannabis Virtual Forum featuring State Attorney, State of Florida, Sec- ond Judicial Circuit, Jack Campbell, Supervisor of Pro- bation, Leon County Govern- ment Anthony Washington, and Director of Criminal Courts in Leon County, Florida, Shannon Cash-Russell discuss Florida’s cannabis rules.
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