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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 - 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

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.

See

  • Florida Criminal Code § 893.13(h)(3)
  • Florida Criminal Code § 893.03)(1)(c)(7)
  • Florida Criminal Code § 893.135
  • 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 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.

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)
  • Florida Criminal Code § 775.083(1)

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See

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

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.

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

See

  • Florida Criminal Code § 775.083
  • 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 1 year.

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.

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 to treat severe, debilitating epileptic conditions.