Under Florida law, qualified physicians can recommend marijuana treatment to certified patients in the Florida Medical Marijuana Use Registry, who are then able to obtain their treatment from licensed dispensaries. However, any sale, delivery and/or possession of marijuana not in accordance with the requirements of the Medical Use of Marijuana Act is illegal. The sections below summarize the offenses and penalties involved.
Sale & Delivery
| OFFENSES | CLASSIFICATION | MAXIMUM FINE | INCARCERATION |
|---|---|---|---|
| Within 1000 feet of a school, college, park, or other specified areas | Felony | $10,000 | 15 years |
| 20 grams or fewer (without payment) | Misdemeanor | $1,000 | 1 year |
| 25 pounds or fewer | Felony | $5,000 | 5 years |
| More than 25 to fewer than 2,000 pounds, or 300 to 2,000 plants | Felony | $25,000 | 3 (mandatory minimum) to 15 years |
| 2,000 to fewer than 10,000 pounds, or 2,000 to 10,000 plants | Felony | $50,000 | 7 (mandatory minimum) to 30 years |
| 10,000 pounds or more | Felony | $200,000 | 15 (mandatory minimum) to 30 years |
Possession
| OFFENSE | CLASSIFICATION | MAXIMUM FINE | INCARCERATION |
|---|---|---|---|
| Within 1000 feet of a school, college, park, or other specified areas | Felony | $10,000 | 15 years |
| 20 grams or fewer | Misdemeanor | $1,000 | 1 year |
| More than 20 grams to 25 pounds | Felony | $5,000 | 5 years |
| More than 25 to fewer than 2,000 pounds | Felony | $25,000 | 3 (mandatory minimum) to 15 years |
| 2,000 to fewer than 10,000 pounds | Felony | $50,000 | 7 (mandatory minimum) to 30 years |
| 10,000 pounds or fewer | Felony | $200,000 | 15 (mandatory minimum) to 30 years |
| Fewer than 25 plants | Felony | $5,000 | 5 years |
| 25 to 300 plants | Felony | $10,000 | 15 years |
| 300 to 2,000 plants | Felony | $25,000 | 3 (mandatory minimum) to 15 years |
| 2,000 to 10,000 plants | Felony | $50,000 | 7 (mandatory minimum) to 30 years |
See Florida Criminal Code sections 775.082, 893.03, 893.13 and 893.135.
Hashish, Concentrates & Paraphernalia
| OFFENSE | CLASSIFICATION | MAXIMUM FINE | INCARCERATION |
|---|---|---|---|
| Possession, sale, manufacture or delivery of hashish or concentrate | Felony (third degree) | $5,000 | 5 years |
| Possession, sale, manufacture or delivery of hashish or concentrate (see below) | Felony (second degree) | $10,000 | 15 years |
| Possession of paraphernalia | Misdemeanor | $1,000 | 1 year |
A second degree felony is charged when the offense takes place within 1,000 feet of the following locations: Public housing, Assisted living facilities, Child care facilities (between 6AM and 12AM), Colleges, universities or other post-secondary educational facilities, Churches or other places or worship having religious activities, Convenience businesses and Parks or community centers.
RELATED: Florida Medical Marijuana Blog: Legalities
According to Florida law, any equipment, device or product utilized in making hashish or concentrates is considered drug paraphernalia. See Florida Criminal Code sections 775.082, 775.083, 893.03, 893.13, 893.145, 893.147 and Rutherford v. State, 386 So.2d 881 (Fla. 1980).
Controlled Substance Convictions and Driver’s License Suspension
Under Florida Statute 322.055, judges are required to suspend the driver’s license of any individual convicted of a controlled substance offense, whether it be a misdemeanor or a felony. A person who does not have a driver’s license will be ineligible to obtain one. The period of suspension or ineligibility will be two years.
Drugged Driving
Under Florida law, guilt of driving under the influence of a controlled substance is determined by the extent to which an individual’s faculties are impaired.
| OFFENSE | CLASSIFICATION | MAXIMUM FINE | INCARCERATION | LICENSE SUSPENSION |
|---|---|---|---|---|
| DUI (first offense) | Misdemeanor | $1,000 | Up to 6 months | 180 days to a year |
| DUI (second offense) | Misdemeanor | $2,000 | Up to 9 months in jail and a mandatory year on probation | 180 days to a year |
| DUI (third offense) | Misdemeanor | $5,000 | Up to 12 months in jail and a mandatory year on probation | One year |
| DUI (third offense within 10 years of second) | Felony | $5,000 | Up to 5 years in jail and a mandatory year on probation | 10 years |
| DUI (fourth offense) | Felony | $5,000 | 5 years and a mandatory year on probation | 10 years |
Penalties for DUI in Florida also include community service, vehicle impoundment and other measures. See Florida Criminal Code section 316.193.
Local Decriminalization by Jurisdiction
| JURISDICTION | QUANTITY | PENALTY | MEASURE | DATE PASSED |
|---|---|---|---|---|
| Alachua County | 20 grams | Cite and release | City Council Ordinance | August 2016 |
| Broward County | 20 grams | Cite and release | County Ordinance | November 2015 |
| Cocoa Beach | 20 grams | Civil citation | City Council Ordinance | March 2019 |
| Hallandale Beach | 20 grams | $100 | City Council Resolution | August 2015 |
| Key West | 20 grams | $100 | City Council Resolution | August 2015 |
| Miami Beach | 20 grams | $100 | City Council Resolution | July 2015 |
| Miami-Dade County | 20 grams | $100 | County Ordinance | June 2015 |
| Orlando | 20 grams | $100 | City Council Resolution | May 2016 |
| Osceola County | 20 grams | Cite and release | City Council Ordinance | June 2016 |
| Palm Beach County | 20 grams | Cite and release | City Council Ordinance | September 2015 |
| Port Richey | 20 grams | $155 | City Council Resolution | September 2016 |
| Tampa | 20 grams | $75 | City Council Resolution | February 2016 |
| Volusia County | 20 grams | $100 | City Council Resolution | March 2016 |
| West Palm Beach County | 20 grams | $100 | City Council Resolution | August 2015 |
For further information on local decriminalization and links to local resolutions and ordinances, see NORML’s Florida Local Decriminalization page: norml.org/laws/local-decriminalization/florida-local-decriminalization, last accessed: February 9, 2021.
You can get your medical marijuana card approval by following this guide.
