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 Florida Marijuana Law
Mandatory * Details 
Offense Penalty Incarceration   Max. Fine  

Possession

20 grams or less misdemeanor 1 year $ 1,000
More than 20 grams felony 5 years $ 5,000
Less than 25 plants felony 5 years $ 5,000
25 plants felony 15 years $ 10,000

Sale

20 grams or less without remuneration misdemeanor 1 year $ 10,000
25 lbs or less felony 5 years $ 5,000
25 - 2000 lbs (or 300-2,000 plants) felony 3* - 15 years $ 25,000
2000 - 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 less than 3 g misdemeanor 1 year $ 1,000
Possession of 3 g or more felony 5 years $ 5,000
Selling, manufacturing or delivering felony 5 years $ 5,000

Paraphernalia

Possession of paraphernalia misdemeanor 15 years $ 1,000

Miscellaneous

Conviction causes a driver’s license suspension for a period of 2 years


Details

Possession

Possession of 20 grams or less 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 is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of 25 or more plants is a felony punishable by a maximum sentence of 15 years in jail and a fine of $10,000. Possession of less than 25 plant is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

  • Florida Criminal Code 893.13
  • Florida Criminal Code § 893.03(c)(35)
  • Florida Criminal Code § 893.13
  • Florida Criminal Code § 775.082(a)

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 lbs. or less is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 25 lbs.-2,000 lbs. (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 lbs.-10,000 lbs. (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 lbs. 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
  • Florida Criminal Code § 893.03(c)(35)
  • Florida Criminal Code § 893.13
  • Florida Criminal Code § 893.135
  • Florida Criminal Code § 775.082(a)

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

  • Florida Criminal Code §893.03(1)(c)

Possession of less than 3 grams of hashish or concentrates is a misdemeanor of the first degree. A misdemeanor of the first degree is punishable by a term of imprisonment no greater than 1 year and a fine no greater than $1,000. Possession of 3 grams or more 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)
  • Florida Criminal Code §775.083(1)(c),(d)
  • Florida Criminal Code §775.082(3)(d)
  • Florida Criminal Code §775.082(4)(a)

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)
  • Florida Criminal Code §893.13
  • Florida Criminal Code §775.083(1)(b),(c)
  • Florida Criminal Code §775.082(3)(c),(d)
  • Rutherford v. State, 386 So.2d 881 (Fla. 1980).

Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.

  • Florida Criminal Code §893.145

Paraphernalia

Possession of drug paraphernalia is a misdemeanor punishable by a maximum sentence of one year imprisonmenet and a maximum fine of $1,000.

  • Florida Criminal Code § 893.145
  • Florida Criminal Code § 893.145
  • Florida Criminal Code § 893.147

Miscellaneous

Conviction causes a driver's license suspension for a period of 2 years.

  • Florida Criminal Code 322.271
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.

Mandatory Minimum Sentence
In Florida, a person is guilty of a DUI if he or she is driving under the influence of any controlled substance to the extent that the person's normal facilities are impaired. Fla. Stat. Ann. § 316.293 (1)(a) (West 2010). Such normal facilities include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and in general, normally perform the many mental and physical activities of daily life.
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