ICYMI: Decriminalized Pot May Be In Florida's Future

TALLAHASSEE, FL — While it’s not quite the embracing of recreational marijuana use that other states have passed in recent years, some Florida lawmakers are pushing the state to decriminalize possession when only small amounts are involved.

State Rep. Guillermo Smith of Orlando and Sen. Jeff Clements of Lake Worth, both Democrats, have pushed forward a bill that would recategorize misdemeanor possession of marijuana as a noncriminal civil violation. The bill is similar in nature to those passed by local governments in Hillsborough, Miami-Dade and Volusia counties, among others in the Sunshine State.

Under the bill, adults caught with a “personal use quantity of cannabis,” meaning 1 ounce or less, will face a civil penalty of no more than $100. Violators may request 15 hours of community service in lieu of the civil penalty, the bill’s text proposes. People under the age of 18 caught in possession of cannabis would have to complete 15 hours of community service and/or a drug awareness program, the bill states.

The bill claims that “existing criminal penalties for the possession of small amounts of cannabis or cannabis accessories are often disproportionate to the severity of the offense.”

Current law classifies small possession of marijuana as a misdemeanor offense that is punishable with up to a year of jail time and a find up to $1,000.

It is estimated that more than 40,000 people were charged with misdemeanor drug offenses in Florida during 2016, according to WFLA. About 90 percent of those arrests were marijuana-related.

The bill still has a long way to go before it might reach Gov. Rick Scott’s desk. According to State House records, it has only undergone a first reading there. The Senate has yet to act on it. Should it receive a green light from the House, Senate and Scott, the bill would go into effect on July 1, 2017.

To read the full text of the bill, visit the Florida House of Representatives online.

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