| 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 |
| 10,000 plants or more | Felony | 15* - 30 years | $ 50,000 |
| Within 1000 feet of a school, college, park, or other specified areas | Felony | 3* - 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 | 3* - 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 |
| Selling, manufacturing or delivering within 1,000 ft of a school or child care facility. | Felony | 15 years | $ 10,000 |
Paraphernalia |
|||
| Possession of paraphernalia | Misdemeanor | 1 year | $ 1,000 |
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 and up to 25 pounds of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
Possession of more than 25 pounds and up to 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.
Possession of 2,000 pounds and up to 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.
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 mandatory minimum sentence of 3 years and up to 15 years imprisonment and a maximum fine of $10,000.
- Florida Criminal Code § 893.13(h)(3)
- Florida Criminal Code § 893.135(1)(a)(1)(2)(3)
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 more than 20 grams and up to 25 pounds 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 and up to 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 more than 2,000 pounds and up to 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.
- Florida Criminal Code § 893.13(h)(3)
- Florida Criminal Code § 893.135(1)(a)(1)(2)(3)
- Florida Criminal Code § 893.13(c)
Hash & Concentrates
Possession of hashish or concentrates is a felony punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.
Selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is a felony punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000. If this occurs within 1,000 feet of a school, child care facility, etc., it is punishable by 15 years incarceration and a maximum fine of $10,000.
- Florida Criminal Code § 893.13
Paraphernalia
Possession of drug paraphernalia is a misdemeanor punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.
- Florida Criminal Code § 893.147
More Information
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
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 Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.