| 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 | |||
| 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 | |||
Florida Marijuana Penalties
Although some states have legalized the use of marijuana, most states still have harsh laws against the possession and/or sale of marijuana. Absurd, right? In Florida, the possession and/or sale of marijuana is a criminal offense. Possession crimes range from misdemeanor offenses punishable by one year in jail or less to felony offenses punishable by up to thirty years in prison, depending on the quantity possessed. Sale of Marijuana crimes are punishable by five years in prison or less to thirty years in prison, depending on the quantity involved in the sale.
The penalties for possession and sale of marijuana are defines in Florida Statute 893.193. The chart above is an outline of Florida marijuana possession and sale penalties.
Below are some answers to common questions people have about marijuana offenses:
Frequently Asked Questions on How Florida Handles Marijuana
Q: I smoke marijuana in the privacy of my own home. Will I get arrested?
A: Probably not. Most people who smoke marijuana in their own homes are never arrested. However, if you are caught purchasing the marijuana, transporting it in your vehicle or the police enter into your home on an unrelated matter and see marijuana, you may be arrested.
Example: John smokes marijuana in his home that he shares with his girlfriend Ann. John and Ann get into a domestic dispute and Ann calls the police. Ann invites the police into the home when they arrive and they see marijuana on the dining room table. Ann tells the police it is John’s. John can be arrested for possession of marijuana.
Q: What happens if the police find marijuana in my vehicle?
A: If you are the sole occupant of the vehicle, you will likely be arrested. If there is another person with you and they inform the police it is yours, you will likely be arrested.
Example: John and Ann are headed to the grocery store. A police officer pulls over their vehicle because they are speeding. The police officer indicates that he smells an odor of marijuana and conducts a search of the vehicle. The search reveals 4 grams of marijuana in the driver side door compartment. Ann tells the police officer it belongs to John. John will likely be arrested.
Q: Are there any defenses to possession of marijuana?
A: Yes. The state must prove you knew the marijuana was there. Even if you admit to possessing marijuana, they must still prove knowledge.
Example: John and Ann are driving to church. John is pulled over for running a stop sign. The police officer asks for consent to search the vehicle. John gives consent, forgetting that there is marijuana in the center console. The police officer locates the marijuana. John admits that the marijuana is his. John’s defense attorney can file a Motion to Dismiss John’s possession charge and claim that the state cannot prove that John knew the marijuana was in the car.
Note: Possession cases are very difficult for the state to prove when they involve a jointly occupied or owned vehicle or home.
Q: Can law enforcement officers conduct a search for marijuana anytime?
A: No. Searches are deemed illegal if there is no consent for the search OR if a legal basis for the search is not formulated by the law enforcement officer prior to search.
Example 1: John is stopped for speeding. The police officer asks him for consent to search his vehicle. John refuses. The law enforcement officer searches anyways. The encounter is captured by a surveillance video which John’s attorney recovers. Johns’ attorney files a Motion to Suppress due to the evidence being unlawfully detained.
Example 2: John is stopped failure to stop at a stop sign at Justice Ave. and 1st St. A police officer says he smells an odor of marijuana and conducts a search of his vehicle. John is arrested after the police officer finds marijuana. John’s attorney determines there is no stop sign at Justice Ave. and 1st St., so he files a Motion to Suppress Evidence. Since the stop was invalid, all evidence seized as a result is also invalid.
Q: The police found marijuana in my pocket after a valid search, what next?
A: Although there may not be a legal defense to your crime, your attorney can request a reduction of the crime, so that the penalties involved are lessened. In other words, your attorney can do damage control.
Example: John consents to a search of his person, forgetting he has marijuana in his front pocket. John is arrested and hires an attorney. John’s attorney speaks with the prosecutor assigned to John’s case and the charge is reduced to a possession of paraphernalia charge with no conviction. John later seals her arrest, which is permitted due to the outcome his attorney achieved on his behalf.
Q: Will my license be suspended because of a possession and/or sale of marijuana charge?
A: Yes. There is a two (2) year driver’s license suspension for all drug possession and/or sales convictions in Florida. Most individuals are eligible for a hardship license after six 6 months. If you plead to a marijuana crime, but your conviction is withheld you can preserve your license. If your marijuana charge is dismissed, there is no license suspension.
Q: Has the State Attorney’s Office become more lenient on marijuana crimes?
A: Generally, yes. However, they will still prosecute the crimes. It is important to hire an attorney to ensure the best outcome possible.
Criminal Court Process: A Guide to Court Dates and Hearings
