| 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) Web Search
- Florida Criminal Code § 893.03)(1)(c)(7) Web Search
- Florida Criminal Code § 893.135 Web Search
- Florida Criminal Code § 775.082(a) Web Search
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 Web Search
- Florida Criminal Code § 893.03(c)(35) Web Search
- Florida Criminal Code § 893.13 Web Search
- Florida Criminal Code § 893.135 Web Search
- Florida Criminal Code § 775.082(a) Web Search
- Florida Criminal Code § 775.083(1) Web Search
Hash & Concentrates
Hashish or concentrates are considered schedule I narcotics in Florida.
See
- Florida Criminal Code § 893.03(1)(c) Web Search
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) Web Search
- Florida Criminal Code § 775.083(1)(c), (d) Web Search
- Florida Criminal Code § 775.082(3)(d) Web Search
- Florida Criminal Code § 775.082(4)(a) Web Search
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) Web Search
- Florida Criminal Code § 893.13 Web Search
- Florida Criminal Code § 775.083(1)(b), (c) Web Search
- Florida Criminal Code § 775.082(3)(c), (d) Web Search
- Rutherford v. State, 386 So.2d 881 (Fla. 1980). Web Search
Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.
See
- Florida Criminal Code § 893.145 Web Search
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 Web Search
- Florida Criminal Code § 893.145 Web Search
- Florida Criminal Code § 893.145 Web Search
- Florida Criminal Code § 893.147 Web Search
Miscellaneous
Conviction causes a driver's license suspension for a period of 1 year.
See
- Florida Criminal Code § 322.055 Web Search
- Florida Criminal Code § 322.056 Web Search
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.
Florida Marijuana Arrests
| Florida | 2008 | 2009 | 2010 | 2011 | 2012 | ARC |
|---|---|---|---|---|---|---|
| Possession | n/a | n/a | n/a | n/a | n/a | n/a |
| Sales | n/a | n/a | n/a | n/a | n/a | n/a |
| Total | n/a | n/a | n/a | n/a | n/a | n/a |
ARC: Annual Rate of Change
n/a: Not Available
Florida does not report data to the Uniform Crime Report (UCR) program nor does it collect or report data on marijuana arrests from county and/or local agencies.
































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