Florida Marijuana Penalties & Decriminalization

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.

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.
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About My Florida Green


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