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.