Florida – Laws & Penalties

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

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

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

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

Miscellaneous

Conviction causes a driver’s license suspension for a period of 1 year.

See

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.