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Florida Marijuana Laws

Historically Florida has had a strong anti-marijuana stance — but recently the state has made some significant steps forward. Recreational marijuana remains illegal, but in 2016 voters approved a comprehensive medical marijuana program. Learn more about Florida marijuana laws below.

Recreational Marijuana in Florida

Florida has some of the harshest recreational marijuana laws in all of the United States. The possession of 20 grams or less of marijuana is charged as a misdemeanor with one year imprisonment and a fine of $1,000. Possession, use, or sale of anything greater than 20 grams is charged as a felony with prison time ranging from five years to 30 years and up to $200,000 in fines. Also, if you are convicted of a marijuana-related offense, the state of Florida can suspend your driver’s license for one year.

Mandatory Minimum Sentences for Marijuana

A mandatory minimum sentence is when a judge must sentence the defendant to at least the outlined mandatory minimum amount of jail time for violating a specified law. With other offenses, the judge is given some wiggle room to consider special circumstances, adjusting the defendant’s jail time to reflect the specifics of their individual case. However, with a mandatory minimum sentence, there is no ability to adjust the sentence based on the circumstances.

Many Florida marijuana laws include a mandatory minimum sentence for both possession and sale. For example, possession of between 25 and 2,000 lbs. of marijuana comes with a mandatory minimum sentence of three years, and possession of 2,000 to 10,000 lbs. of marijuana comes with a mandatory minimum sentence of seven years of jail time.

Is Hash Legal Under Florida Marijuana Laws?

Also known as hashish, hash is an extremely potent cannabis product that is made using the resin found on marijuana plants. Hash features high levels of THC, so possessing any amount in Florida is classified as a felony. Being caught in possession of hash can result in up to five years in jail and a $5,000 fine. Selling, delivering, or manufacturing hash is also a felony, and carries the same penalties as a possession.

Marijuana Concentrate in Florida

Marijuana concentrate is another highly potent form of cannabis, with all excess plant materials filtered out of the final product, leaving users with a very strong concentrate that only features cannabinoids like THC and CBD. Marijuana concentrates hold the exact same penalties as hash, with possession, sale, and/or delivery resulting in five years of jail time and a $5,000 fine.

Florida Marijuana Laws Regarding Drug Paraphernalia

“Marijuana paraphernalia” is any product used as an accessory for using marijuana, such as pipes and bongs. The possession of marijuana paraphernalia is a misdemeanor, with Florida marijuana law punishing those in possession of paraphernalia with up to one year of jail time and a $1,000 fine.

Local Decriminalization of Marijuana

Florida has several local jurisdictions that have passed local resolutions or laws that decriminalize the possession of marijuana or other cannabis products. For example, in Miami-Dade County, possessing up to 20 grams of marijuana only comes with a $100 fine.

Compare that penalty to the much more restrictive Florida marijuana law for the entire state, where the penalty for possession of up to 20 grams of marijuana is a misdemeanor that results in a $1,000 fine and up to a year of jail time. Check with your local Florida government for more details regarding the local decriminalization of marijuana.

Medical Marijuana in Florida

Florida had a very restrictive high-CBD, low-THC marijuana law for a couple of years before 71% of voters approved Amendment 2 in November 2016 to allow full medical cannabis. Amendment 2 went into effect January 3, 2017, and the Florida Legislature passed legislation that implemented the amendment in July 2017.

Under Florida’s Right to Medical Marijuana Initiative, patients suffering from debilitating medical conditions are allowed medical use of marijuana provided they have a doctor’s recommendation and an identification card. Home cultivation for medical purposes is not permitted under the law. The law does allow qualifying patients to have a caregiver who is at least 21 years old to assist in the collection and administering of medical cannabis.

Originally, Florida marijuana laws permitted only medical cannabis oils, sprays, tinctures, edibles, and vaping materials. While smoking marijuana was originally not permitted under the law, in 2018 Leon County Circuit Judge Karen Gievers ruled that the constitutional amendment approved by Florida voters in 2016 broadly legalized medical marijuana and gave eligible patients the right to smoke marijuana in private. In March 2019, the Florida Legislature approved SB 182, a bill that overturns the ban on smokable forms of medical marijuana for adults and patients under 18 who are either diagnosed with a terminal illness or who have obtained a second recommendation from a pediatrician.

SB 182 also allows patients to order a 210-day supply of medical marijuana at a time, up from the original 70-day supply limit approved in the initial legislation.

Who Can Be Treated with Medical Marijuana Under Florida Marijuana Laws?

Florida’s medical marijuana program allows medical marijuana to be provided as treatment for patients with the following “debilitating medical conditions”:

  • Amyotrophic Lateral Sclerosis (ALS)
  • Cancer
  • Crohn’s disease
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Multiple sclerosis
  • Parkinson’s disease
  • Post-traumatic stress disorder (PTSD)
  • “Other debilitating medical conditions of the same kind or class as or comparable to those enumerated”

Additionally, in June 2019, Gov. Ron DeSantis signed into law HB 7107 to allow a cannabis-derived drug for children with epilepsy. The bill changes that specific drug’s classification in state law from a Schedule I substance to Schedule V.

Drugged Driving Laws in Florida

Drivers in Florida are forbidden from using their car or some other type of motor vehicle if there is any detectable level of THC and/or marijuana in their system. If you have recently consumed marijuana, even if it is legally obtained medical marijuana, do not operate a motor vehicle under any circumstances.

Consumption of CBD from Hemp Oil in Florida

While hemp-derived CBD products are legal under federal law in the United States, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.

Cultivation of Cannabis in Florida

Even for first-time offenders, the cultivation of cannabis for any purpose is considered a felony in Florida. If found cultivating fewer than 25 plants, it is considered a third-degree felony punishable by incarceration up to five years and fines up to $5,000. If an individual is the owner of the property where more than 25 plants are being illegally cultivated, the offense is charged as a second-degree felony, punishable by 15 years in prison.

Florida’s Right to Medical Marijuana Initiative, signed into law by Gov. Rick Scott in March 2016, permits certain dispensing organizations to grow and distribute cannabis.

In June 2017, Gov. Scott signed the Industrial Hemp Pilot Projects Bill, which gives Florida A&M University and the University of Florida permission to conduct research pilot projects on growing and selling hemp. Nearly two years later, in May 2019, the Florida Legislature passed a bill enabling the commercial production of hemp. Florida had its hemp regulatory plan approved by the U.S. Department of Agriculture in April 2020.

Legal Status of Other U.S. States

Stay up to date on the latest state legislation, referendums, and public opinion polls. Our Marijuana Legalization Map allows you to browse the current status of medical and recreational marijuana laws in other U.S. states and territories.

Sources

  • http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0381/Sections/0381.986.html
  • http://norml.org/laws/item/florida-penalties
  • http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
  • https://www.mpp.org/states/florida/

DISCLAIMER: The information contained in this website is for general information purposes only; it does not constitute legal advice. Although we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Therefore, any reliance you place on such information is strictly at your own risk.

With more states legalizing the use of marijuana it can be hard to stay up to date on Florida marijuana laws. Click to learn more about marijuana laws in FL!

Florida Laws and Penalties

Possession

Hash & Concentrates

Paraphernalia

Miscellaneous

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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • Florida Criminal Code § 322.055 Web Search
  • Florida Criminal Code § 322.056 Web Search
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.

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 in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

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.

Florida Laws and Penalties Possession Hash & Concentrates Paraphernalia Miscellaneous Penalty Details Possession Possession of 20 grams or less of cannabis is a misdemeanor