Using Medical Necessity as a Defense for Miami Drug Charges
Using Medical Necessity as a Defense for Miami Drug Charges
Getting charged with a drug crime in Miami can be really scary. You might feel like your life is over, or that you don’t have any options. But there are actually some legal defenses that can help you fight the charges, including something called “medical necessity.”
So what is medical necessity? Basically, it’s when you broke the law in order to prevent some greater harm from happening. For example, let’s say you were caught with marijuana, but you were only using it because you have a serious medical condition like cancer or AIDS. The medical necessity defense argues that it was necessary for you to use the illegal drug, in order to treat your medical condition.
There are a few requirements you have to meet in order for medical necessity to work as a legal defense in Florida:
- You have to have a serious medical condition that is supported by medical evidence
- Standard treatments weren’t working for your condition
- Using marijuana was the only reasonable way to treat your condition
- The harm from using marijuana is less than the harm from your medical condition
So if you meet all those requirements, you may be able to avoid a drug conviction by arguing medical necessity. There is some legal precedent for this in Florida. For example, in a 1991 case called Jenks v. State, a couple was able to successfully use the medical necessity defense after being charged with growing marijuana. The key factors were:
- They had serious medical conditions that were not being adequately treated with legal medications
- Using marijuana was the only way to effectively treat their conditions
- The harm from using marijuana was less than the harm from their untreated medical conditions
Based on those factors, the court agreed that medical necessity applied and dismissed the charges. So this case helps establish that medical necessity can be a valid defense against drug charges in Florida.
That being said, it’s not a get-out-of-jail-free card. The courts look at medical necessity on a case-by-case basis. You need strong evidence to prove that you meet all the requirements. And the amount of marijuana has to be reasonable based on your medical needs – you can’t be stockpiling huge amounts.
You’ll also need testimony from your doctor explaining your condition, past treatments, and why marijuana was medically necessary. The more evidence you have, the better your chances with this defense.
It’s important to work with an experienced criminal defense attorney if you want to pursue a medical necessity defense. A good lawyer can help gather all the necessary evidence and make the best legal arguments on your behalf.
Some other things to keep in mind about medical necessity in Florida:
- It applies to charges for possession, use, and cultivation of marijuana. But likely not trafficking or sales charges.
- The medical condition has to be very serious – things like back pain probably won’t qualify.
- You can’t cause the situation that made marijuana medically necessary (for example, by deciding to suddenly stop your treatment medications).
- You have to show there were no reasonable legal alternatives to treat your condition.
- The amount of marijuana must be proportional to your medical needs.
The bottom line is that medical necessity can potentially help you avoid a conviction, but your defense absolutely has to meet all the requirements under Florida law. It’s not as simple as just saying “I needed it for medical purposes.” You need strong proof.
Some other defenses that could apply to Miami drug charges include:
- Lack of knowledge – you didn’t know the drugs were there
- Entrapment – you were illegally coerced into committing the crime
- Illegal search – the police violated your 4th Amendment rights
But medical necessity has the potential to completely excuse the criminal charges, versus just getting evidence thrown out. So if you have a documented medical condition that was untreated and marijuana was your only option, it’s worth exploring this defense.
Having an experienced Miami criminal defense lawyer is key, because they can properly investigate your case, gather evidence, and argue for medical necessity in court. Some good attorneys to contact include:
Don’t just give up if you’re facing drug charges in Miami. Take a close look at the details of your case and consider whether a medical necessity defense might apply. With the right evidence and legal argument, you may be able to avoid a conviction even if you broke the law. There are options – talk to a lawyer to protect your rights.