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Florida Marijuana Laws

Created byВ FindLaw’s team of legal writers and editors | Last updated March 20, 2018

Lately it seems like every state has a different marijuana law. Between medical marijuana, decriminalization, and legalization, it’s hard to keep track of which laws apply where. Especially when different ballot measures and constitutional amendments keep popping up. The Sunshine State voted to legalize medicinal marijuana in 2016. Here’s a look at the state of Florida marijuana laws.

Marijuana Laws in Florida

While some other states have experimented with marijuana legalization and decriminalization, marijuana remains illegal in Florida unless being used in medicinal cases. Possession of small amounts of marijuana is a crime in the Sunshine State, albeit having less than 20 grams on you is a misdemeanor. While the option of drug diversion programs may be available for some first-time offenders with no criminal history, it’s still a criminal offense.

Medical Marijuana Legal

In 2016, voters passed a constitutional amendment known as the “Florida Medical Marijuana Legalization Initiative,” (Amendment 2). The amendment legalized medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician. It will go into effect will go into effect on January 3, 2017. For more information, speak with an experienced attorney or contact the Florida Department of Health.

Florida Marijuana Statutes

Drug laws can differ from state to state and that’s especially true for state marijuana laws. Learn more about Florida marijuana laws in the table below. Keep in mind, your Florida driver’s license may be suspended for marijuana-related convictions unrelated to driving.

3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084;

Subsequent offense: 15 yrs.

All sentencing done pursuant to sentencing guidelines:

25-2000 lbs.: mandatory $25,000 and 3 yrs.;

2000-10,000 lbs.: mandatory $50,000 and 7 yrs.;

Over 10,000 lbs.: 15 yrs. and mandatory $200,000

No matter what a state’s marijuana laws says, marijuana sale and possession is illegal under the Controlled Substance Act. Where federal and state law clash, federal law always trumps. To date, federal law enforcement agencies haven’t shown an interest prosecuting minor marijuana cases in Colorado and Washington, where recreational use is permitted. But that doesn’t mean the federal government has given up on enforcing restrictions on everything from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of marijuana.

Related Resources for Florida Marijuana Laws:

State drug laws can change frequently, and their enforcement can vary depending on your specific circumstances. You can also conduct more of your own research in FindLaw’s drug charges section.

Additional Information on Florida Marijuana Laws

Charged Under Florida Marijuana Laws? Get Legal Help

Marijuana is still a controversial topic in this country, and is still illegal under federal law. If you or someone you love has been arrested for a marijuana-related crime or want more information surrounding medical marijuana in Florida, your best move is to contact an experienced drug crime lawyer near you today.

Marijuana remains illegal in Florida unless being used for medicinal purposes. To learn more about penalties for trafficking or sales, visit FindLaw.com.

Florida Laws and Penalties

Possession

Hash & Concentrates

Paraphernalia

Miscellaneous

Penalty Details

Possession

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of more than 25 pounds – 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

Any person who is knowingly in active or constructive possession of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

Any person who is knowingly in active or constructive possession of 10,000 pounds of cannabis or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

  • Florida Criminal Code § 893.13(h)(3) Web Search
  • Florida Criminal Code § 893.03)(1)(c)(7) Web Search
  • Florida Criminal Code § 893.135 Web Search
  • Florida Criminal Code § 775.082(a) Web Search
Sale/Delivery

The delivery of 20 grams or less without remuneration is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $1,000.
The sale of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
The sale of more than 25 pounds- less than 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

The sale of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

The sale of 10,000 pounds or more of cannabis is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery of cannabis within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

  • Florida Criminal Code § 893.13 Web Search
  • Florida Criminal Code § 893.03(c)(35) Web Search
  • Florida Criminal Code § 893.13 Web Search
  • Florida Criminal Code § 893.135 Web Search
  • Florida Criminal Code § 775.082(a) Web Search
  • Florida Criminal Code § 775.083(1) Web Search
Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

  • Florida Criminal Code § 893.03(1)(c) Web Search

Possession of hashish or concentrates is a felony in the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

  • Florida Criminal Code § 893.13(6)(b) Web Search
  • Florida Criminal Code § 775.083(1)(c), (d) Web Search
  • Florida Criminal Code § 775.082(3)(d) Web Search
  • Florida Criminal Code § 775.082(4)(a) Web Search

Possessing more than 3 grams of hash, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is a felony of the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

The offense is charged as a felony of the second degree if the offense occurred:

  • Within 1,000 feet of a child care facility between 6 A.M. and 12 midnight;
  • Within 1,000 feet of a park or community center;
  • Within 1,000 feet of a college, university or other postsecondary educational institute;
  • Within 1,000 feet of any church or place of worship that conducts religious activities;
  • Within 1,000 feet of any convenience business;
  • Within 1,000 feet of public housing;
  • Within 1,000 feet or an assisted living facility.

A felony of the second degree is punishable by a term of imprisonment no greater than 15 years and a fine no greater than $10,000.

  • Florida Criminal Code § 893.13(1)(a)(2) Web Search
  • Florida Criminal Code § 893.13 Web Search
  • Florida Criminal Code § 775.083(1)(b), (c) Web Search
  • Florida Criminal Code § 775.082(3)(c), (d) Web Search
  • Rutherford v. State, 386 So.2d 881 (Fla. 1980). Web Search

Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.

  • Florida Criminal Code § 893.145 Web Search
Paraphernalia

Possession of drug paraphernalia is a misdemeanor in the first degree, punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.

  • Florida Criminal Code § 775.083 Web Search
  • Florida Criminal Code § 893.145 Web Search
  • Florida Criminal Code § 893.145 Web Search
  • Florida Criminal Code § 893.147 Web Search
Miscellaneous

Conviction causes a driver’s license suspension for a period of 1 year.

  • Florida Criminal Code § 322.055 Web Search
  • Florida Criminal Code § 322.056 Web Search
More Information
Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Local Decriminalization

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Florida Laws and Penalties Possession Hash & Concentrates Paraphernalia Miscellaneous Penalty Details Possession Possession of 20 grams or less of cannabis is a misdemeanor