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Florida Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

20 grams or less misdemeanor 1 year $ 1,000
More than 20 grams felony 5 years $ 5,000
Less than 25 plants felony 5 years $ 5,000
25 plants felony 15 years $ 10,000

Sale

20 grams or less without remuneration misdemeanor 1 year $ 10,000
25 lbs or less felony 5 years $ 5,000
25 - 2000 lbs (or 300-2,000 plants) felony 3* - 15 years $ 25,000
2000 - 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 less than 3 g misdemeanor 1 year $ 1,000
Possession of 3 g or more 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 2 years

Penalty Details

Possession

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

Possession of 25 or more plants is a felony punishable by a maximum sentence of 15 years in jail and a fine of $10,000. Possession of less than 25 plant is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Please see:

  • Florida Criminal Code 893.13
  • Florida Criminal Code § 893.03(c)(35)
  • Florida Criminal Code § 893.13
  • Florida Criminal Code § 775.082(a)

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 lbs. or less is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 25 lbs.-2,000 lbs. (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 lbs.-10,000 lbs. (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 lbs. 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.

Please see:

  • Florida Criminal Code 893.13
  • Florida Criminal Code § 893.03(c)(35)
  • Florida Criminal Code § 893.13
  • Florida Criminal Code § 893.135
  • Florida Criminal Code § 775.082(a)

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See:

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

Possession of less than 3 grams of hashish or concentrates is a misdemeanor of the first degree. A misdemeanor of the first degree is punishable by a term of imprisonment no greater than 1 year and a fine no greater than $1,000. Possession of 3 grams or more 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.

See:

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

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.

See:

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

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

See:

  • Florida Criminal Code §893.145

Paraphernalia

Possession of drug paraphernalia is a misdemeanor punishable by a maximum sentence of one year imprisonmenet and a maximum fine of $1,000.

Please see:

  • Florida Criminal Code § 893.145
  • Florida Criminal Code § 893.145
  • Florida Criminal Code § 893.147

Miscellaneous

Conviction causes a driver's license suspension for a period of 2 years.

Please see:

  • Florida Criminal Code 322.055
  • Florida Criminal Code 322.056
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.






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