296) Can I have a CWP with a Medical Marijuana Rx in FL?  #HaberPA Miami Criminal Defense Lawyer
Channel: Michael Haber
Date: 18/10/2018

Can I have a CWP with a Medical Marijuana Rx?

The answer to this question is yes.

There’s no inherent conflict between the two licenses.

In FL you can be permitted to carry a concealed weapon or firearm by the Department of Agriculture and at the same time you can be given a Medicinal Cannabis Identification card by the Department of Health.

That said there IS the very real possibility of a conflict based on your judgment and behavior.

For instance, F.S. 790.151 makes it 2nd degree misdemeanor for anyone to either hold a loaded firearm in their hand or to discharge it while under the influence of alcohol or any controlled substance (which includes THC) “when affected to the extent that his or her normal faculties are impaired.”  (Note that this is the same standard for a circumstantial DUI case that’s based on marijuana.)

Further, you have to remember that there’s a whole ‘nother body of law out there called federal law, federal law sometimes contradicts State law and marijuana is a great example of this.  

As of today, and per the Controlled Substances Act, as far as the US Government is concerned marijuana is still a controlled substance that has “no accepted medicinal use” and can’t be used safely even under the supervision of a physician.

The best way to avoid a federal problem is to keep your med-mar off of federal property, and if you enter a gun shop then leave your vape pen in the car.

Thank you for your question.  I appreciate your having asked it.  Please remember that at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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