Marijuana possession, sale, and manufacture (cultivation) are regulated by both state and federal law. In Florida, marijuana is classified as a Schedule I controlled substance, which means that the drug has a high potential for abuse and has no currently accepted medical use. (Fl. Stat. Ann. § 893.03.)

The possession for personal use, or manufacture, sale, or distribution of marijuana (or possession of marijuana with the intent to do these things), is a crime in Florida. Florida also criminalizes marijuana trafficking, and possession or sales of drug paraphernalia. Florida imposes a range of penalties according to the violation. (Fl. Stat. Ann. § 893.13.) Although not covered in this article, it is also a crime to drive under the influence of marijuana in Florida.

To learn about Florida's DUI laws, see Driving Under the Influence of Marijuana in Florida.

Possession for Personal Use

Marijuana possession is a crime in Florida. The penalties depend on the amount possessed.

Possession for personal use. Possessing 20 or fewer grams of marijuana is a first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. § 893.13(6)(b).)

Purchase or possession of more than 20 grams. Purchasing or possessing more than 20 grams of marijuana is a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 893.13(2)(a).)

Manufacture and Sale

It is illegal to manufacture (grow) or sell marijuana —or possess marijuana with the intent to do those things—or to knowingly maintain a property on which these activities take place. Penalties vary according to the amount manufactured or sold, and whether the crime was committed in a drug free area, such as a school or church (a factor that increases the applicable penalties). (Fl. Stat. Ann. § 893.13(1)(c).)

Manufacture and sales (or possession with intent to manufacture or sell). Manufacturing, selling, or possessing marijuana with the intent to do so, is a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 775.082.)

Manufacture or sales (or possession with intent to manufacture or sell) within 1,000 feet of a drug free area. Marijuana sales or possession within 1,000 feet of a school (between 6 a.m. and midnight), public recreation area, place of worship, public housing facility, or assisted living facility is a second degree felony, punishable with up to 15 years in prison. (Fl. Stat. Ann. § § 893.13(3)(c)& 775.082.)

Delivery of less than 20 grams. Someone who delivers or gives away up to 20 grams of marijuana, without being paid, is guilty of a first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. § § 893.13(3)(h)& 775.082.)

Sale to a person younger than 18. Someone older than 18 who sells marijuana to a minor younger than 18 (or who hires a minor to sell marijuana to other people), is guilty of a second degree felony, punishable with up to fifteen years in prison. Once sentenced, the prison term may not be suspended, reduced, or replaced with probation time. (Fl. Stat. Ann. § § 893.13(4)(b)& 775.082.)

Maintaining a drug property. It is illegal to keep or maintain a store, warehouse, vehicle, or other structure in Florida to cultivate, manufacture, or store marijuana; or use such a structure as a point from which to distribute marijuana or other drugs. Violations are a first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. § 893.13(7)(a).)

Trafficking

Trafficking marijuana includes knowingly selling, buying, or manufacturing marijuana (or bringing marijuana into Florida for the purposes of doing one or more of those things,) when the violation involves more than 25 pounds or 300 or more cannabis plants. Violators are guilty of a first degree felony known as “trafficking in cannabis,” which is punishable with up to thirty years in prison, and depending on the specific amounts involved, may include additional penalties. (Fl. Stat. Ann. § 893.135(a).)

Between 25 and 2,000 pounds, or between 300 and 2,000 cannabis plants. Defendants are punished with a mandatory minimum of three years in prison and a fine of up to $25,000. (Fl. Stat. Ann. § 893.135(a)(1).)

Between 2,000 and 10,000 pounds, or between 2,000 and 10,000 plants. Violators are punished with a mandatory minimum of seven years in prison, and a fine of up to $50,000. (Fl. Stat. Ann. § 893.135(a)(2).)

10,000 pounds or more, or 10,000 plants or more. Defendants are punished with a mandatory minimum of fifteen years in prison, and a fine of up to $200,000. (Fl. Stat. Ann. § 893.135(a)(3).)

Importing Marijuana into Florida

It is illegal to bring any amount of marijuana into Florida from out of state, even if he amount is less than the definition for trafficking. Violations are a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 893.13(5).)

Drug Paraphernalia

It is illegal in Florida to possess, use, manufacture, sell, or deliver drug paraphernalia. This includes objects used to grow, harvest, manufacture, store, or use marijuana. Penalties vary according to the violation. (Fl. Stat. Ann. § 893.147.)

Possession and use. Violations are a first degree misdemeanor, punishable with up to one year in jail. (Fl. Stat. Ann. § 893.147(1).)

Manufacture and sale. Someone who manufactures or possesses paraphernalia with the intent to sell it (or someone who actually sells paraphernalia) is guilty of a third degree felony, punishable with up to five years in prison. (Fl. Stat. Ann. § 893.147(2).)

Delivery to a minor. A person older than 18 who sells drug paraphernalia to a minor younger than 18 is guilty of a second degree felony, punishable with up to 15 years in prison. (Fl. Stat. Ann. § 893.147(3).)

Transporting paraphernalia. Someone who manufactures or uses paraphernalia to transport marijuana (for example, making special storage boxes to transport cannabis plants) – or someone who manufactures paraphernalia when that person should reasonably know that it will be used to transport marijuana –is guilty of a third degree felony. Offenders will face up to five years in prison. (Fl. Stat. Ann. § 893.147(4).)

Advertising. It is illegal to advertise the sale of drug paraphernalia. Doing so is a first degree misdemeanor, punishable with up to six months in jail. (Fl. Stat. Ann. § 893.147(5).)

Does Florida Allow Medical Marijuana Use?

No. All marijuana possession, manufacture, sales, and use is criminalized in Florida. Penalties vary according to the specific crime, as described above.

Additional Information

More information surrounding drug laws in Florida.

• Possession of a Controlled Substance in Florida
• Florida Sale of a Controlled Substance Laws

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

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