Florida Marijuana Laws

The Sunshine State is not lenient when it comes to marijuana laws.  As a Florida resident, it is important to know the paraphernalia laws in order to avoid harsh penalties.

Florida Marijuana Attorneys

The following Florida lawyers are actively involved in the practice of cannabis law:

Florida_thewillistonfirm
Florida_miamicriminaldefense

LAW BREAKDOWN

Florida allows the medical use of non-intoxicating CBD marijuana to treat epilepsy in children, but the drug is banned for any other use. Possession, sale, and cultivation are all crimes, as is paraphernalia possession.

Possession

It is a misdemeanor in Florida to possess 20 grams of cannabis or less, and the top penalty is one year in jail and $1,000 in fines. Possession of between 20 grams and 25 pounds is a felony punishable by up to 5 years in prison and $5,000.

When the amount is between 25 and 2,000 pounds, there is a mandatory minumim of three years in prison, a maximum of 15, and fines of up to $25,000. For quantities of between 2,000 and 10,000 pounds, the minimum prison term is seven years, the maximum is 30, and the top fine is $50,000. And finally, for possession of more than 10,000 pounds, an extremely high amount, the penalty is between 15 and 30 years in prison and up to $200,000 in fines.

Possession of fewer than 25 marijuana plants is also a felony and carries a maximum sentence of five years in prison and $5,000. When the number of plants being cultivated is between 25 and 300 plants, the maximum penalty increases to 15 years in prison and $10,000 in fines.

When the offense involves more than 300 but less than 2,000 plants, a mandatory minimum of three years applies, the maximum jail term is 15 years, and the top fine is $25,000. And lastly, when the number of plants cultivated is between 2,000 and 10,000, penalties include between seven and 30 years in prison and up to $50,000 in fines.

Extra penalties apply for possessing any of the above quantities within 1,000 feet of a school, college, park, and certain other specific areas. This felony comes with a top sentence of 15 years in prison and fines of up to $10,000.

Sale

Selling 20 grams of cannabis or less is a misdemeanor if nothing else of value changes hands, and it comes with a maximum penalty of one year in jail and a $1,000 fine.

Sale of between 20 grams and 25 pounds is a felony and is punishable by up to five years in prison and $5,000 in fines. If the weight is between 25 and 2,000 pounds, the penalty increases to at least three years in prison and as many as 15, plus $25,000.

If the amount is between 2,000 and 10,000 pounds, the penalty is at least seven years in prison and at most 30, plus $50,000. If the amount is greater than 10,000 pounds, the sentence is 15 to 30 years in prison and $200,000 in fines. Sale within 1,000 feet of a school, park, or other restricted area comes with a top penalty of 15 years in prison and a fine of up to $10,000.

Hash and Concentrates

Hashish and other marijuana concentrates are treated more harshly than dried cannabis flower. Possession, sale, manufacture, or delivery of any amount is a felony punishable by up to five years in prison and $5,000.

Paraphernalia

It is a misdemeanor to possess any kind of drug paraphernalia in Florida. The maximum penalty is one year in jail and $1,000 in fines. Drug paraphernalia includes all items intended for use in the inhaling, ingesting, cultivating, processing, packaging, testing, storing, and transporting of marijuana.

MEDICAL MARIJUANA

Florida legalized the medicinal use of CBD oil for treating a limited number of specified debilitating conditions. Qualifying patients will be able to obtain CBD extract from five heavily regulated dispensaries across the state.

Qualifying conditions – Cancer, Muscle spasms, Seizures

Patient possession limits – Qualified patients are permitted to possess cannabis oil containing at least 10 percent CBD and no more than eight-tenths of one percent THC.

Home cultivation – No

State-licensed dispensaries – Not yet

Caregivers – No

Reciprocity – No

Contact information – Department of Health

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

20 grams or less Misdemeanor 1 year $ 1,000
More than 20 grams – 25 lbs Felony 5 years $ 5,000
More than 25 – less than 2000 lbs Felony 3* – 15 years $ 25,000
2000 – less than 10,000 lbs Felony 7* – 30 years $ 50,000
10,000 lbs or more Felony 15* – 30 years $ 200,000
Less than 25 plants Felony 5 years $ 5,000
25 – 300 plants Felony 15 years $ 10,000
300 – 2,000 plants Felony 3* – 15 years $ 25,000
2000 – 10,000 plants Felony 7* – 30 years $ 50,000
Within 1000 feet of a school, college, park, or other specified areas Felony 15 years $ 10,000
* Mandatory minimum sentence

Sale

20 grams or less without remuneration Misdemeanor 1 year $ 1,000
25 lbs or less Felony 5 years $ 5,000
More than 25 – less than 2000 lbs (or 300 – 2,000 plants) Felony 3* – 15 years $ 25,000
2000 – less than 10,000 lbs (or 2000 – 10,000 plants) Felony 7* – 30 years $ 50,000
10,000 lbs or more Felony 15* – 30 years $ 200,000
Within 1000 feet of a school, college, park, or other specified areas Felony 15 years $ 10,000
* Mandatory minimum sentence

Hash & Concentrates

Possession of hashish or concentrates Felony 5 years $ 5,000
Selling, manufacturing or delivering Felony 5 years $ 5,000

Paraphernalia

Possession of paraphernalia Misdemeanor 1 year $ 1,000

Miscellaneous

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