Florida Marijuana Possession Laws: Charges & Penalties

Florida Marijuana Laws

Florida considers marijuana a controlled substance, and it is regulated accordingly. There are laws against the sale, possession, manufacture, and possession of drug paraphernalia. Marijuana penalties in Florida vary depending on the quality of drugs involved and an offender’s previous history.

There are two main levels of marijuana charges in Florida: misdemeanor and felony. In general, charges involving less than 20 grams of cannabis are misdemeanors punishable by up to one year in jail and a fine of up to $1,000.

Charges involving over 20 grams of cannabis are considered felonies. Certain situations involving children or taking place in schools, parks, or similar locations may qualify as felonies even when the drug quantity is less than 20 grams. Felony drug charges are punishable by up to 30 years in prison and fines up to $200,000 for the most serious offenses.

There are some exceptions to these laws for approved medical use of marijuana by patients with approved conditions and a valid physician’s prescription.

Floridians will be voting on whether to legalize small amounts of recreational marijuana in 2024. The group Smart & Safe Florida filed a petition for a ballot initiative that met the minimum signatures required for inclusion. This initiative establishes possession limits for individuals 21 and over, establishes consistent definitions for use and possession, and grants authority to state entities to grow, manufacture, and sell marijuana products for adult use.

Possession of How Much Weed Is a Felony in Florida?

In general, 20 grams of marijuana is the threshold for felony charges. Individuals possessing under 20 grams of cannabis commit a misdemeanor of the first degree. Misdemeanor marijuana penalties in Florida include a maximum of one year in prison and $1,000 in fines.

Possession of over 20 grams is a felony in Florida, with the severity of charges and penalties increasing with drug amounts.

What About Medical Marijuana?

Medical marijuana is the only use that is currently legal in Florida, and it is only legal within the framework of state statutes. However, its use is highly restricted. Additionally, individuals possessing or using medical marijuana may not share it with others who are not approved.

Patients can use low-THC cannabis to treat approved conditions or others that are similar in nature. You must have a prescription from a qualified and registered prescribing physician. Medical marijuana is available at approved dispensaries, called Medical Marijuana Treatment Centers. Conditions that qualify for medical marijuana prescriptions in Florida include:

Cancer
Crohn’s disease
Epilepsy
Glaucoma
HIV/AIDS
Lou Gehrig’s disease
Multiple sclerosis
Parkinson’s disease
PTSD

Additionally, marijuana researchers may use cannabis for research at approved universities or research institutions. Oversight for these studies is through the Medical Marijuana Research Board. State statutes require registration and approval of any medical cannabis studies.

Marijuana Penalties in Florida

Marijuana penalties in Florida vary depending on the specific charges, the quantity of cannabis involved, and whether this is a first or repeat offense.

Penalties for Felony Marijuana Possession

There are three levels of felony marijuana possession in Florida, ranked first through third degree. First-degree offenses carry the lowest penalties, and judges have the discretion to impose lower sentences than requested. Second and third-degree charges carry mandatory minimum sentences.

Examples of felony possession charges and corresponding maximum penalties imposed by Florida marijuana laws include:

20 grams to under 25 pounds: Third-degree felony punishable by up to 5 years incarceration and a fine of up to $5,000
25 pounds to less than 2,000 pounds: Second-degree felony punishable with a mandatory minimum sentence of three to five years and a fine up to $25,000
2,000 pounds to less than 10,000 pounds: First-degree felony punishable by a mandatory minimum sentence of seven to 30 years and a fine up to $50,000
10,000 pounds or more: First-degree felony punishable by a mandatory minimum sentence of 15 to 30 years and a fine of up to $200,000

As with any rule, there are some exceptions to this one. For example, location can affect how much weed is a felony in Florida. Possession of cannabis within specified areas, including schools, parks, and colleges, is considered a felony even if the amounts are below 20 grams.

Every situation is unique, and the Florida legal system allows for some flexibility when deciding penalties. For example, if this is your first-time offense of possession of weed in Florida, there is a strong likelihood that penalties will be below the maximums listed above. However, if your charges require a minimum mandatory sentence, the judge must impose it regardless of your history.

Penalties for Distributing Marijuana

Selling marijuana in Florida is almost always a felony. The only exception is distributing less than 20 grams of cannabis without accepting payment, which is a misdemeanor punishable by up to a year in prison and $1,000 in fines. Felony charges for selling marijuana are as follows:

Up to 25 pounds: Third-degree felony punishable by up to 5 years in prison and $5,000 in fines
25 pounds to under 2,000 pounds (300 – 2,000 plants): Second-degree felony punishable by three to 15 years in prison and $25,000 in fine; carries a mandatory minimum sentence of three years
2,000 pounds to under 10,000 pounds (2,000 – 10,000 plants): First-degree felony punishable by seven to 30 years in prison and up to $50,000 in fines; carries a mandatory minimum sentence of seven years
10,000 pounds or more: First-degree felony punishable by 15 to 30 years in prison and up to $200,000 in fines; carries a mandatory minimum sentence of 15 years

As with other pot charges in Florida, selling marijuana in or near a school, park, or other restricted area is automatically a felony, with a minimum sentence of three years imprisonment.

Penalties for Driving Under the Influence of Marijuana

Marijuana is a controlled substance and can impair your ability to operate a vehicle. If you are caught driving under the influence of marijuana, you will face charges. DUI is a very serious charge and falls in line with other cases of driving under the influence of drugs or alcohol.

First DUI: Punishable by up to 6 months imprisonment, fines of $500 to $1,000, license suspension of 6 months to a year, community service (50 hours) or an additional $500 charge, and vehicle impoundment (10 days)
Second DUI: Punishable by up to 9 months imprisonment, fines of $1,000 to $2,000, a mandatory ignition interlock device, license suspension for one to five years, one year of probation (plus psychosocial evaluation), 50 hours of community service or an additional $500 charge, and vehicle impoundment (10 days)
Third DUI: Punishable by up to one-year imprisonment, fines of $2,000 to $4,000, license suspension (two to 10 years), one-year mandatory probation (plus psychosocial evaluation), an ignition interlock device, 50 hours of community service or an additional $500 charge, and vehicle impoundment (90 days). Your third DUI is a possible felony charge, regardless of how much marijuana you possess or use.
Fourth DUI: Punishable by up to five years imprisonment, fines up to $5,000, permanent license revocation, 50 hours of community service or an additional $500 charge, and vehicle impoundment (90 days). A fourth DUI is a felony charge.

Aggravating factors, such as driving under the influence with a minor in the car or a DUI that causes injury, death, or property damage, can lead to higher charges and penalties.

Mandatory Minimum Sentencing

Certain situations have established minimum sentences. In these cases, the judge cannot impose a sentence below the minimum threshold, so a conviction can lead to a seemingly disproportionate prison term. Some examples of Florida’s mandatory minimum sentences for drug charges include:

Three years for second-degree felony of possession of up to 2,000 pounds of marijuana
Seven years for first-degree felony possession of 2,000-10,000 pounds
15 years for first-degree felony possession of over 10,000 pounds

Florida Drug Court

Florida’s drug court is a rehabilitative program that aims to reduce imprisonment for drug-related offenses. It is a six-month treatment program for first-time drug offenders to help them overcome addiction. During treatment, clients meet with a Supervision Specialist, attend educational classes, and submit to drug tests.

Who Can Participate in Drug Court?

Not everyone qualifies for drug court. You must generally meet the following requirements to participate:

Have an identified substance abuse problem and be willing to attend treatment
Have no history of violence
Be charged with a non-violent felony
Have two or fewer prior non-violent felony convictions

Certain previous behaviors may exclude you from consideration for this program. Contact Mike G Law to explore your options if you feel you may be a candidate for drug court.

Get the Help You Need to Fight Florida Marijuana Charges

You deserve an attorney who will fight for your rights. As a former prosecutor, Mike G brings insights from both sides of the criminal court system to your case. He can help you understand weed laws in Florida so you know exactly where you stand. Contact the office to schedule a consultation.

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