Florida Marijuana Laws
Florida allows medical marijuana use for a range of qualifying conditions. Patients can purchase a 35-day supply of smokable cannabis or a 70-day supply of products in other forms from a licensed dispensary. The regulations prohibit personal cultivation and possession of more than 4 ounces of marijuana.
LAW BREAKDOWN
LAW BREAKDOWNS
The Sunshine State is not lenient when it comes to marijuana laws. Florida has legalized medical marijuana for a range of debilitating conditions, and while recreational use remains illegal, some local municipalities have decriminalized possession of small amounts.
Possession
It is a misdemeanor in Florida to possess 20 grams of cannabis or less, and the top penalty is 1 year in jail and $1,000 in fines. Possession of more than 20 grams is a felony. Possession of between 20 grams and 25 pounds is punishable by up to 5 years in prison and $5,000.
When the amount is between 25 and 2,000 pounds, there is a mandatory minimum of 3 years in prison, a maximum of 15, and fines of up to $25,000. For quantities of between 2,000 and 10,000 pounds, the minimum prison term is 7 years, the maximum is 30, and the top fine is $50,000. And finally, for possession of more than 10,000 pounds, an extremely high amount, the penalty is between 15 and 30 years in prison and up to $200,000 in fines.
Possession of fewer than 25 marijuana plants is also a felony and carries a maximum sentence of 5 years in prison and $5,000. When the number of plants being cultivated is between 25 and 300 plants, the maximum penalty increases to 15 years in prison and $10,000 in fines.
When the offense involves more than 300 but less than 2,000 plants, a mandatory minimum of 3 years applies, the maximum jail term is 15 years, and the top fine is $25,000. And lastly, when the number of plants cultivated is between 2,000 and 10,000, penalties include between 7 and 30 years in prison and up to $50,000 in fines.
Extra penalties apply for possessing any of the above quantities within 1,000 feet of a school, college, park, and certain other specific areas. This felony comes with a top sentence of 15 years in prison and fines of up to $10,000.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
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 |
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Sale
Selling 20 grams of cannabis or less is a misdemeanor if nothing else of value changes hands, and it comes with a maximum penalty of 1 year in jail and a $1,000 fine.
Sale of between 20 grams and 25 pounds is a felony and is punishable by up to 5 years in prison and $5,000 in fines. If the weight is between 25 and 2,000 pounds, the penalty increases to at least 3 years in prison and as many as 15, plus $25,000 in fines.
If the amount is between 2,000 and 10,000 pounds, the penalty is at least 7 years in prison and at most 30, plus $50,000 in fines. If the amount is greater than 10,000 pounds, the sentence is 15 to 30 years in prison and $200,000 in fines. Sale within 1,000 feet of a school, park, or other restricted area comes with a top penalty of 15 years in prison and a fine of up to $10,000.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
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 |
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Concentrates
Hashish and other marijuana concentrates are treated more harshly than dried cannabis flower. Possession, sale, manufacture, or delivery of any amount is a felony punishable by up to 5 years in prison and $5,000.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Possession of hashish or concentrates | Felony | 5 years | $ 5,000 |
Selling, manufacturing or delivering | Felony | 5 years | $ 5,000 |
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Paraphernalia
It is a misdemeanor to possess any kind of drug paraphernalia in Florida. The maximum penalty is 1 year in jail and $1,000 in fines. Drug paraphernalia includes all items intended for use in the inhaling, ingesting, cultivating, processing, packaging, testing, storing, and transporting of marijuana.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Possession of paraphernalia | Misdemeanor | 1 year | $ 1,000 |
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Miscellaneous
Conviction causes a driver’s license suspension for a period of 1 year.
Medical Marijuana
MEDICAL MARIJUANA
Medical marijuana use is legal in Florida, allowing qualifying patients to legally purchase and possess marijuana for any of a list of conditions.
QUALIFYING CONDITIONS:
- ALS
- Cancer
- Crohn’s disease
- Chronic nonmalignant pain*
- Epilepsy
- Glaucoma
- HIV/AIDS
- Multiple sclerosis
- Parkinson’s disease
- PTSD
- Seizures
- Terminal illness (patients diagnosed with no more than 12-months to live)
- Other debilitating medical conditions comparable to those enumerated *Defined as “pain that is either caused by or originates from a qualifying medical condition”
PATIENT POSSESSION LIMITS:
Qualified patients are legally permitted to possess medical marijuana provided by dispensaries licensed by the state. A qualified physician cannot issue a physician certification for more than three 70-day supply limits of marijuana.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
Yes
CAREGIVERS:
Yes. A caregiver must be at least 21 years of age, must have agreed to assist with a patient’s medicinal use of marijuana, and must have obtained a caregiver ID card from the Department of Health. The Department may place limits on the number of patients a caregiver can assist, and the number of caregivers that can assist a single patient.
RECIPROCITY:
No
Florida Marijuana Attorneys
The following Florida lawyers are actively involved in the practice of cannabis law: