Each of the 50 states has taken a different approach to dealing with the drug marijuana, according to Florida criminal defense attorney John Musca. In states that are relatively tolerant of the drug, like Alaska and California, possession of a small amount of marijuana is considered a minor offense. In Alaska, the state Supreme Court has ruled that the state constitution, which guarantees all citizens the right to privacy, forbids the state from arresting an individual for possession of marijuana. In California, marijuana is widely allowed for medicinal purposes with an estimated 200,000 registered marijuana patients and 1,250 registered marijuana dispensaries across the state. Further, both California's Governor Arnold Schwarzenegger and Alaska's Governor Sarah Palin have admitted to publicly smoking marijuana with little public backlash. Additionally, 11 other states have either decriminalized the offense of possessing a small amount of marijuana or have made prosecuting the crime the lowest level priority of law enforcement.
Florida, however, has taken the approach of 36 other states and criminalized the possession of a small amount of marijuana. Under Florida law, possession of marijuana under 20 grams is considered a misdemeanor offense punishable by up to one year in jail. Possession of more than 20 grams of marijuana is considered a third degree felony, punishable by up to five years in prison. Any time a person is convicted of possession of marijuana or any other drug in Florida he faces serious collateral consequences with regard to his driver's license. Any conviction for possession of any drug automatically suspends a person's license for two years. By way of comparison, a conviction for a first DUI offense results in a person's driver's license being suspended for six months. A conviction for misdemeanor marijuana possession also creates a potential three year on eligibility for public housing, a ban on state financial aid including financial aid for education, a five year ban on eligibility to become a foster parent and a ban on public employment unless you have successfully completed a drug treatment program.
