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Florida Marijuana Laws (2019)

January 5, 2019 Patrick OBrien
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Penalty Details

Possession

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

Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of more than 25 pounds – 2,000 pounds of cannabis (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.

Any person who is knowingly in active or constructive possession of 2,000 pounds – less than 10,000 pounds of cannabis (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.

Any person who is knowingly in active or constructive possession of 10,000 pounds of cannabis 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.

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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 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
The sale of more than 25 pounds- less than 2,000 pounds of cannabis (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 pounds – less than 10,000 pounds of cannabis (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 pounds or more of cannabis 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 of cannabis 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.

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Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See

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

Possession 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.

See

  • Florida Criminal Code § 893.13(6)(b) Web Search
  • Florida Criminal Code § 775.083(1)(c), (d) Web Search
  • Florida Criminal Code § 775.082(3)(d) Web Search
  • Florida Criminal Code § 775.082(4)(a) Web Search

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.

See

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

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

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Paraphernalia

Possession of drug paraphernalia is a misdemeanor in the first degree, punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.

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Miscellaneous

Conviction causes a driver’s license suspension for a period of 1 year.

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LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

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.

MEDICAL CBD
This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

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