Recreational marijuana: How would legalizing it impact Florida criminal justice system?
Recreational marijuana: How would legalizing it impact Florida criminal justice system? WPTV News Channel 5 West Palm
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Legalizing Recreational Marijuana in Florida: Impact on Criminal Justice System
WEST PALM BEACH, Fla. — Floridians are months away from deciding whether to legalize recreational marijuana for adults, and those in charge of enforcing the changed laws are sharing their perspectives on how legalized pot would impact Florida’s criminal justice system.
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If at least 60% of Florida voters say “yes” to a proposed amendment in November, after six months it would no longer be a crime for an adult over 21 to possess up to three ounces (85 grams) of marijuana.
While the amendment hasn’t passed yet, marijuana possession convictions have declined dramatically in Florida over the past decade.
- Data from the Florida Department of Law Enforcement shows 13,028 convictions stemming from statewide arrests in 2013. The number of possession convictions from arrests in 2023 was 2,267.
- The data shows convictions slowed dramatically in 2019, dropping to 7,445 from 14,014 in 2018. Although Florida voters approved medical marijuana in 2016, the law took effect in 2017 and smoking marijuana remained illegal for medical patients until state legislators changed the law in 2019.
Defense attorney Ari Goldberg also believes prosecutors are less eager to pursue simple marijuana possession charges unless they happen to accompany other more serious charges.
“Possession of marijuana under 20 grams is a misdemeanor,” Goldberg, whose firm specializes in drug and DUI cases, said. “It’s not even something that we see cited very often anymore, although it is still a crime.”
Personally, Goldberg believes “recreational marijuana use is long overdue.”
When he spoke with WPTV Thursday, Goldberg said he’d just taken on a new client charged with possession of more than 20 grams, a felony in Florida. If the amendment were to pass, that would no longer be a crime.
“If you were in possession of a certain amount of marijuana that was criminal, whether it’s a misdemeanor or felony, prior to the passage of the amendment, then I see nothing preventing legally the state attorney’s office from continuing their prosecution,” Goldberg said. “But I’m not sure that they would.”
Impact on Palm Beach County State Attorney
Palm Beach County’s top prosecutor is waiting to see how he would handle pending marijuana possession charges if the amendment were to pass.
“I’m taking a neutral stance on this referendum,” Palm Beach County State Attorney Dave Aronberg said. “It’s a little premature to speculate on what would happen in the pending cases.”
Aronberg, a former Florida state senator, told WPTV he would continue to enforce laws as they are written. But if the amendment passes, lawmakers would still need to address the specifics of Florida’s new marijuana law.
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