Medical Marijuana Patients: Original Packaging Isn't Optional—It's the Law
Florida Court Rules Medical Marijuana Card Doesn't Protect Against Possession Charges When Cannabis Isn't in Original Packaging
Published on by Attorney Jeff Lotter
A recent Wakulla County court decision serves as a stark reminder to Florida's medical marijuana patients: your medical marijuana card is not a license to possess cannabis in any container you choose. In State of Florida v. Jayden Bartley, the court denied a motion to dismiss criminal charges against a qualified medical marijuana patient who transferred cannabis from its original packaging to a plastic bag—a decision that could affect tens of thousands of Florida cardholders. If you're facing drug offense charges, understanding these requirements is critical.
The Case: What Happened to Jayden Bartley
Case Details:
- Case: State of Florida v. Jayden Bartley
- Court: County Court, 2nd Judicial Circuit, Wakulla County
- Case Number: 24-MM-251
- Decision Date: November 13, 2024
- Judge: Brian D. Miller
- Citation: FLWSUPP 3307BART
On September 6, 2024, Jayden Bartley—a qualified medical marijuana patient with a valid Florida medical marijuana card—legally purchased 28 grams of marijuana from a licensed medical marijuana treatment center. Four days later, on September 10, 2024, everything changed.
The Traffic Stop
Florida Highway Patrol Trooper White stopped a vehicle in which Bartley was a passenger. The trooper detected the odor of cannabis and observed loose cannabis throughout the vehicle. Upon searching Bartley, the trooper discovered approximately 2 grams of cannabis in clear cellophane plastic wrap in Bartley's back right pocket.
The Critical Fact:
The State and defendant stipulated that the 2 grams of cannabis discovered on Bartley was not in the original packaging as purchased on September 6, 2024. Instead, it was in clear cellophane plastic wrap.
Despite having a valid medical marijuana card and legally purchasing the cannabis just four days earlier from a licensed treatment center, Bartley was charged with violating Florida Statute § 893.13(6)(b)—possession of less than 20 grams of cannabis, a first-degree misdemeanor.
Understanding Florida's Medical Marijuana Packaging Law
The key to understanding this case lies in Florida Statute § 381.986(14)(a), which creates an exception to Florida's general prohibition on marijuana possession. Here's what the statute actually says:
Florida Statute § 381.986(14)(a):
"Notwithstanding § 893.13...or any other provision of law, but subject to the requirements of this section, a qualified patient and qualified patient's caregiver may purchase from a medical marijuana treatment center for the patient's medical use a marijuana delivery device and up to the amount of marijuana authorized in the physician certification, but may not possess more than a 70-day supply of marijuana, or the greater amount of 4 ounces of marijuana in a form for smoking or an amount of marijuana in a form for smoking approved by the department pursuant to paragraph (4)(f), at any given time and all marijuana purchased must remain in its original packaging."
Breaking Down the Requirements
To legally possess medical marijuana in Florida under this exception, a qualified patient must meet ALL of the following requirements:
- Be a qualified patient with a valid medical marijuana card issued by the Florida Department of Health
- Purchase marijuana from a licensed medical marijuana treatment center
- Stay within authorized amounts: Not more than a 70-day supply or 4 ounces for smoking
- Keep marijuana in its original packaging
Why This Matters:
The statute is clear: these requirements are not suggestions—they are conditions for the exception to apply. Miss any one of them, and you're back to the general prohibition on marijuana possession under FSS § 893.13(6)(b).
The Court's Analysis and Decision
Bartley's attorney filed a motion to dismiss the charges, arguing that Bartley met the requirements for the medical marijuana exception. The State filed a demurrer, essentially admitting the basic facts but arguing they still had a case.
Reading Statutes Together (In Pari Materia)
Judge Miller applied a principle of statutory interpretation called in pari materia—when statutes relate to the same or closely related subjects, they should be read together. The court noted that:
- FSS § 893.13(6)(b) creates the general prohibition on possessing less than 20 grams of cannabis
- FSS § 381.986(14)(a) creates an exception to that general prohibition
- Both statutes deal with the same substance (cannabis/marijuana)
- Therefore, they must be read together as a cohesive legal framework
The Court's Conclusion
What the Court Found:
- ✓ Bartley was a qualified patient
- ✓ Bartley purchased the marijuana from a licensed treatment center
- ✓ Bartley possessed less than a 70-day supply (2 grams of the original 28 grams)
- ✗ Bartley did NOT keep the marijuana in its original packaging
The court stated plainly:
"The Defendant had the cannabis in a plastic bag. Accordingly, the Defendant did not comply with the requirements of Fla. Stat. § 381.986(14)(a) to meet the exception to the general prohibition on the possession of cannabis in Fla. Stat. § 893.13(6)(b). Presumably, the legislature required all lawfully purchased cannabis to remain in its original packaging precisely to avoid this situation."
Result: Motion to dismiss DENIED. The case proceeds to trial.
Why Does Florida Require Original Packaging?
While the statute doesn't explicitly state the legislature's intent, the court and legal analysts recognize several important reasons for the original packaging requirement:
1. Verification of Legal Purchase
- Original packaging contains labels from licensed treatment centers
- Labels include batch numbers, testing results, and purchase information
- Law enforcement can verify the marijuana was legally purchased
2. Preventing Diversion to Illegal Market
- Original packaging makes it harder to transfer medical marijuana to non-patients
- Reduces the risk of medical marijuana entering the black market
- Creates accountability in the medical marijuana system
3. Distinguishing Legal from Illegal Possession
- Without original packaging, there's no way to distinguish legally purchased medical marijuana from illegally obtained marijuana
- Anyone could claim a plastic bag of marijuana is their medical marijuana
- The packaging requirement creates a bright-line rule
4. Product Safety and Quality Control
- Original packaging maintains product integrity
- Prevents contamination
- Ensures patients can track which product they're using
What This Means for Florida Medical Marijuana Patients
Common Scenarios That Can Lead to Criminal Charges:
- 1. Pre-Rolling Joints: Many patients pre-roll joints for convenience and store them in a separate container. This violates the original packaging requirement.
- 2. Using Personal Storage Containers: Transferring marijuana to a more discreet or portable container (even with good intentions) is illegal.
- 3. Combining Different Strains: Mixing different products from different containers into one container removes them from original packaging.
- 4. Carrying "Just Enough for the Day:" Taking a small amount from the original container and carrying it separately is not protected.
- 5. Damaged Original Packaging: If the original container breaks or is damaged, you cannot transfer to another container without risking charges.
Essential Advice for Medical Marijuana Cardholders
Best Practices to Avoid Criminal Charges:
- Always keep marijuana in original dispensary packaging
- Never transfer to personal containers
- Keep labels intact and readable
- Maintain all dispensary documentation
- Keep your medical marijuana card with you
- Have it readily accessible when possessing marijuana
- Know your card's expiration date
- Update your card promptly when it expires
- Keep purchase receipts
- Store receipts with the product
- Receipts can help verify legal purchase
- Keep receipts until the product is consumed
- Don't exceed possession limits
- Maximum 70-day supply at any time
- Maximum 4 ounces of smokable marijuana
- Know your physician's authorization limits
- Understand transportation rules
- Keep marijuana in a sealed container during transport
- Store in trunk or locked glove box when in vehicle
- Never use marijuana in public or while driving
If You're Charged: Potential Defense Strategies
Despite the Bartley decision, there are still potential defenses available if you're charged with marijuana possession while holding a medical marijuana card:
1. Challenge the Search and Seizure
- Was there probable cause for the traffic stop?
- Did officers have legal authority to search you or your vehicle?
- Were your Fourth Amendment rights violated?
- Was the detention unreasonably prolonged?
2. Question the Packaging Analysis
- Was the marijuana actually removed from original packaging, or was it still inside a larger original container?
- Can the State prove the marijuana found is different from what was in the original packaging?
- Were there multiple containers, some in original packaging?
3. Constructive Possession Arguments
- If marijuana was in a vehicle, who had control over it?
- Did you have knowledge of the marijuana's presence?
- Can the State prove exclusive or joint possession?
4. Challenge Testing and Measurement
- Was the substance properly tested and confirmed to be marijuana?
- Was the weight accurately measured?
- Were proper chain of custody procedures followed?
Important Note:
The Bartley decision makes clear that arguing "I have a medical marijuana card" alone is not a complete defense if the marijuana wasn't in original packaging. However, that doesn't mean you don't have other viable defenses. Each case is unique and requires careful analysis of all facts and circumstances.
The Stakes: Consequences of a Marijuana Possession Conviction
Even though possession of less than 20 grams of marijuana is "only" a first-degree misdemeanor in Florida, the consequences can be severe:
Criminal Penalties:
- • Up to 1 year in jail
- • Up to $1,000 in fines
- • Probation (typically 6-12 months)
- • Community service hours
- • Mandatory drug evaluation and treatment
- • Random drug testing during probation
Collateral Consequences:
- • Driver's License Suspension With Drug Convictions
- • Medical Marijuana Card Suspension: Your card may be suspended during criminal proceedings
- • Employment Impact: Criminal record can affect current and future employment
- • Professional Licenses: May affect nursing, teaching, real estate, and other licensed professions
- • Student Financial Aid: Federal student aid can be suspended for drug convictions
- • Housing: May affect ability to rent or qualify for public housing
- • Immigration: Can trigger deportation proceedings for non-citizens
- • Firearm Rights: May affect ability to purchase or possess firearms
The Broader Context: Florida's Complicated Relationship with Marijuana
The Bartley decision highlights Florida's unique and often contradictory approach to marijuana:
On One Hand: Expanding Medical Access
- Over 800,000 registered medical marijuana patients in Florida
- Qualifying conditions have expanded over time
- Smokable marijuana is now allowed (as of 2019)
- Home delivery is permitted
On the Other Hand: Strict Enforcement
- Recreational marijuana remains illegal
- Possession of any amount without a card is criminal
- Medical marijuana patients face strict packaging and quantity requirements
- Courts interpret medical marijuana exceptions narrowly
Looking Ahead:
Florida voters will have the opportunity to vote on Amendment 3 in the next election cycle, which would legalize recreational marijuana for adults 21 and over. However, until (and unless) that passes, medical marijuana patients must strictly comply with current law—including the original packaging requirement.
How Florida Compares to Other Medical Marijuana States
Florida is not alone in requiring medical marijuana to remain in original packaging, but enforcement varies significantly:
| State | Original Packaging Required? | Notes |
|---|---|---|
| Florida | Yes | Strictly enforced, as shown in Bartley |
| California | Yes (in public) | Recreational legal; original packaging required in public |
| Colorado | No | Recreational legal; packaging less critical |
| Arizona | Yes | Required for both medical and recreational |
| Massachusetts | Yes (in vehicle) | Must be in sealed container in vehicle |
I'm Already Facing Charges—What Should I Do?
Immediate Action Steps:
- Do NOT speak to law enforcement without an attorney
- You have the right to remain silent—use it
- Anything you say can be used against you
- Politely decline to answer questions: "I want to speak to my attorney"
- Preserve all evidence
- Keep the original packaging (if you still have it)
- Preserve dispensary receipts and records
- Save text messages or communications about the purchase
- Write down everything you remember about the incident
- Document your medical marijuana patient status
- Get a copy of your current medical marijuana card
- Obtain records from your physician
- Get purchase records from the dispensary
- Document your qualifying medical condition
- Contact an experienced criminal defense attorney immediately
- Time is critical for building your defense
- Evidence can disappear or be lost
- Early intervention can lead to better outcomes
- An attorney can communicate with prosecutors on your behalf
- Do NOT post about your case on social media
- Prosecutors review social media accounts
- Posts can be taken out of context and used against you
- Even "private" posts can be discovered
The Lotter Law Approach to Medical Marijuana Cases
At Lotter Law, we understand the complexities of Florida's medical marijuana laws and have successfully defended numerous marijuana possession cases. Our approach includes:
Thorough Case Investigation
- Detailed review of all arrest reports and evidence
- Analysis of body camera and dash camera footage
- Investigation of the traffic stop or encounter that led to the search
- Review of laboratory testing procedures and chain of custody
Strategic Legal Research
- Analysis of recent case law (including decisions like Bartley)
- Research into Fourth Amendment search and seizure issues
- Identification of applicable legal defenses and procedural challenges
Aggressive Pre-Trial Advocacy
- Filing motions to suppress illegally obtained evidence
- Challenging illegal searches and seizures
- Negotiating with prosecutors for reduced charges or diversion programs
- Seeking dismissal when appropriate
Data-Driven Defense Strategy
As detailed in our other blog posts, we maintain comprehensive databases of Orange County arrest data, allowing us to:
- Identify patterns in marijuana enforcement
- Analyze specific officers' arrest histories
- Understand local prosecution trends
- Build more effective defense strategies based on actual data
Attorney Jeff Lotter's Unique Perspective:
As a former Florida State Trooper and Deputy Sheriff, Attorney Lotter understands law enforcement procedures from the inside. He knows how traffic stops should be conducted, what constitutes a legal search, and when officers overstep their authority. This insider knowledge is invaluable when challenging marijuana possession charges.
Frequently Asked Questions
Q: Can I put pre-rolled joints in a separate container as long as I keep the original packaging with me?
A: No. The statute requires that the marijuana itself remain in its original packaging. Having the empty original container with you while the marijuana is in a different container does not satisfy the legal requirement. The Bartley decision makes this clear.
Q: What if the original container is too large to carry conveniently?
A: Unfortunately, convenience is not a legal excuse under Florida law. If you cannot conveniently carry the original packaging, consider purchasing smaller quantities that come in more portable containers, or leave the product at home.
Q: Does the medical marijuana card itself provide any protection?
A: Yes and no. The medical marijuana card is essential—without it, you cannot possess marijuana at all. However, the card alone is not enough; you must also comply with all other requirements, including the original packaging requirement. Think of it this way: the card is necessary but not sufficient on its own.
Q: What counts as "original packaging"?
A: Original packaging is the container provided by the licensed medical marijuana treatment center (dispensary) at the time of purchase. It includes:
- The dispensary's label with product information
- Batch/lot numbers
- Testing information (THC/CBD content)
- Purchase date
- Dispensary information
Q: Can I transfer marijuana to a smell-proof container to prevent odor?
A: No. While odor control may seem like a practical concern, transferring marijuana out of its original packaging violates Florida law. If odor is a concern, look for dispensaries that provide smell-proof original packaging, or consider other product forms (such as vape cartridges or edibles) that have less odor.
Q: What if my original container gets damaged or breaks?
A: This is a gray area in the law. Technically, if the original container is damaged, you may need to return to the dispensary for proper repackaging. Do not transfer it to a substitute container yourself. Contact the dispensary that sold you the product for guidance, or consult with an attorney if you're in this situation.
Q: Are there any exceptions to the original packaging requirement?
A: The statute does not provide any explicit exceptions. Some patients have argued that once marijuana is in a vaporizer or other delivery device, it's no longer subject to the packaging requirement, but this has not been definitively addressed by appellate courts. The safest approach is to keep all marijuana in original packaging until the moment of consumption.
Q: Can police search my vehicle if they smell marijuana, even if I have a medical card?
A: This is a complex and evolving area of law. Some courts have held that the odor of marijuana alone is not sufficient probable cause to search a vehicle when the driver has a medical marijuana card. However, if the marijuana is not in original packaging, you may be committing a crime, which could justify the search. The smell of burnt marijuana (indicating recent use) may also create probable cause. Each case depends on specific facts.
Q: How does this affect my rights as a medical marijuana patient?
A: Medical marijuana patients in Florida have limited rights compared to users in recreational states. You have the right to possess marijuana only within the strict confines of the medical marijuana statute. Any deviation from those requirements can result in criminal prosecution. It's essential to understand that you're not exercising a constitutional right—you're participating in a heavily regulated medical program with specific legal requirements.
Conclusion: Compliance is Critical
The State v. Bartley decision sends a clear message to Florida's medical marijuana patients: having a medical marijuana card is not a free pass to possess cannabis in any manner you choose. The original packaging requirement is not a suggestion—it's a legal requirement that, if violated, can result in criminal prosecution.
For the over 800,000 medical marijuana patients in Florida, this decision is a wake-up call. Many patients may be unknowingly violating the law by transferring their legally purchased marijuana to more convenient containers. Until Florida law changes—either through legislative action or voter approval of recreational marijuana—patients must strictly comply with all requirements of the medical marijuana statute.
Key Takeaway:
Keep your medical marijuana in its original dispensary packaging at all times. It may be inconvenient, but it's the law. A moment of convenience is not worth risking criminal charges, fines, jail time, and a permanent criminal record.
Charged with Marijuana Possession Despite Having a Medical Card?
The Bartley decision shows that medical marijuana patients are not immune from prosecution. If you're facing charges, you need an experienced attorney who understands both the medical marijuana laws and criminal defense strategies.
Attorney Jeff Lotter brings a unique perspective as a former Florida State Trooper and Deputy Sheriff. He knows how these cases are built—and how to take them apart.
Free consultation. Flat-fee pricing available. Don't let a marijuana charge ruin your future.
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Legal Disclaimer:
This article is for informational purposes only and does not constitute legal advice. The law is complex and constantly evolving. Every case is unique and depends on specific facts and circumstances. If you're facing criminal charges, consult with a licensed attorney in your jurisdiction. The information in this article is current as of the publication date but may become outdated as laws change.