Florida 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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