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Image via WPTV.com Some Floridians using medical marijuana are getting away with it, others think they are. Using medical marijuana is still not legal in Florida, but some attorneys have found a way to sway a jury.
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Medical marijuana defense winning some cases, users walking free

May 6, 2015

 

WPTV -   Some Floridians using medical marijuana are getting away with it, others think they are. Using medical marijuana is still not legal in Florida, but some attorneys have found a way to sway a jury. 

If you get caught growing marijuana or in possession of it, you can be arrested. But in some cases, defendants proving a severe medical necessity have been able to walk free. 
 
The thought of giving his suffering 9-year-old medical marijuana to treat her constant seizure attacks has crossed Seth Hyman's mind. 
 
"The way she looks at us with her eyes she’s basically saying mom, dad can’t you guys help me? Do something for me," said Hyman who hoped Charlotte's Web could provide some relief after it was signed into law last year. 
 
The production of the actual cannabis oil approved by the law is caught in the red tape between a state health panel and nurseries. 
 
For medical marijuana, nothing has changed legally since Amendment 2 failed last November, but some users are finding a way around the law. 
 
"It’s an affirmative defense which allows people after they arrested and being prosecuted to say 'hey listen, I had a justification. I had a reasonable and legal excuse to use this for medical purposes.'" said attorney Michael Minardi. 
 
This March, Minardi won a landmark case. A jury voted 'not guilty' when Minardi proved his client had been growing pot to treat his severe anorexia. The defense has worked, but it's not a cure all. 
 
"Depending on what county you’re in.  Absolutely, it could depend on what jury you get and what kind of results you get," added Minardo. 
 
Minardi says there are also companies convincing patients they can use medical marijuana legally. The website for Health Law Services in Jacksonville says 'Florida law currently allows the use of cannabis as a medicine based on doctor's orders.'
 
"Unfortunately, I have many clients who are caught in their web by being arrested because they think that what they were doing is legal and they are facing prosecution," said Minardi. 
 
The Hymans say they know its illegal and continue to feel helpless watching their daughter go through dozens of seizures every day.
 
 

“If you choose to consume, please do so responsibly.” 

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