Marijuana is still classified as a Schedule I drug in Florida. Medical marijuana is legal in the state, however, along with hemp, also called CBD. Anyone without a valid medical prescription who possesses marijuana is guilty of a crime. Even small amounts of marijuana can lead to severe penalties in Florida. Anyone can purchase and/or possess hemp/CBD without worry of legal consequences.

Marijuana Possession up to 20 Grams

Marijuana possession up to 20 grams is considered a misdemeanor crime. Unlike other states, Florida does not offer a citation option for this crime. Everyone found in possession of marijuana is arrested and taken to the county jail. Persons convicted of this crime face a fine of up to $1,000 and a maximum one-year in jail.

Over 20 Grams, up to 25 Pounds

Possession of marijuana 21-grams up to 25-pounds is a felony crime. Persons convicted of this crime face a fine of up to $5,000 and up to five-years in prison.

More Than 25-Pounds, Less Than 2,000-Pounds

Also a felony, possession of more than 25-lbs. Marijuna up to 2,000-lbs. Carries a fine of up to $25,000 and the potential of three- 15-years in prison. The mandatory minimum sentences on this crime is three-years.

2,000-Pounds to Less Than 10,000 Pounds

Individuals convicted of possessing 2,000 pounds up to 10,000 pounds of marijuana face a fine of up to $50,000 and seven – 30 years in prison. This carries a mandatory minimum seven-year sentence.

Marijuana Plants

It is illegal to grow or cultivate marijuana without a prescription in Florida. The punishment for possessing marijuana plants varies. The number of plants in your possession impacts the punishment. Persons found guilty of possessing 25 or fewer plants face a fine of up to $5,000 and up to five-years in prison. Possessing more than 25 plants carries a $50,000 fine and a mandatory minimum sentence of seven years, up to 30-years in prison.

Hash and Concentrates

Hash and concentrates are considered schedule 1 narcotic. Possession of either is a third-degree felony. A conviction can result in a fine up to $5,000 and up to 5-years in prison.

Paraphernalia

Possession of drug paraphernalia is a misdemeanor in Florida. A conviction can result in up to one-year behind bars and a $1,000 fine.

Special Circumstances

Florida special circumstances increase the potential sentence of a crime. Possessing, cultivating, selling, etc. marijuana within 1,000-feet of school is one example of a special circumstance in Florida.


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Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.