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possession of weed in florida

Marijuana Possession FAQs

First, the maximum sentence for any crime depends classification of the crime.В For example, is it a felony or a misdemeanor?В Subparts or “degrees” are contained within those two broad types of classifications. For drug offenses, quantity of the drug often plays an important part as well.В Any amount of marijuana up to 20 grams is considered a first-degree misdemeanor. A misdemeanor marijuana possession is a first-degree misdemeanor and punishable by up to one year in jail. Anything over 20 grams can be charged as a felony. Felony offenses range from 5 years of incarceration to life in prison.В These are highly dependent on what the accused is alleged to have done with the marijuana.В For example, sales or trafficking are usually prosecuted more vigorously than personal possession or use cases.

What to do when you are charged with federal possession of marijuana?

Any time you are charged with a crime, it is important to know your rights.В For example, the right to remain silent and to speak with an attorney can be of paramount importance.В Contact a local criminal defense lawyer for more information prior to making any decisions regarding your case.

Is possession of marijuana a 2nd degree a misdemeanor?

There is no second-degree misdemeanor for marijuana in the State of Florida.В There is only a first-degree misdemeanor and then felony level with all the degrees for marijuana possession and related charges.

Can a person become a convicted felon because of being arrested for marijuana possession?

Yes.В Depending on the amount of marijuana or what the allegations are concerning the conduct behind the arrest, a person can be charged and convicted as a felon for marijuana possession.

  • What is the maximum jail sentence for possession of marijuana?
  • Depending on the type of offense as follows:

    1. First-Degree Misdemeanors are punishable by up to 1 year in County Jail
    2. Third-Degree Felonies are punishable by up to 5 years in State Prison
    3. Second-Degree Felonies are punishable by up to 15 years in State Prison
    4. First-Degree Felonies are punishable by up to 30 years in State Prison
    5. PBL; or Punishable by Life carry maximum sentences of natural life in prison
  • How long will possession of marijuana ticket stay on your record?
  • Forever, unless the record is able to sealed or expunged.В Currently, there is no civil infraction (“ticket”) in the State of Florida.В Sometimes officers issue a Notice to Appear in lieu of arresting a person.В The person is then required to show up to court but it not arrested.В However, the record still reflects the criminal event and makes very little difference whether you were physically arrested or just arrested on paper via the notice to appear route.

    Is it illegal to have 3 grams of marijuana in your possession?

    Yes.В Three grams of marijuana would be classified as a misdemeanor, first degree.В The law makes no distinction on the amount of marijuana as long as it is less than 20 grams, it’s a misdemeanor.В .01 grams or 19.9 grams are legally the same offense.

    Is possession of weed a felony?

    It depends, but yes it can be a felony as long as there is over 20 grams of marijuana in someone’s possession, then it can be classified as a felony.В Additionally, if there are allegations of sales, delivery, or trafficking then these facts may enhance the criminal charges to include felony offenses.

    Experienced Orlando Marijuana Possession Defense Attorney

    Charged with Marijuana possession in Orlando or anywhere in Central Florida? Call our Central Florida marijuana possession defense lawyer immediately at 866-680-4LAW to discuss your case. You may also fill out the online form provided at the top of this page and we will contact you shortly. We respond to after-hours messages promptly. Evening or weekend appointments are available on request. We value your privacy and will keep all your information confidential.

    Answers to FAQs about marijuana possession charges under FL law, such as what to do if charged with marijuana possession, & maximum jail sentence for marijuana possession in Florida. Contact us today at 866-680-4529 for a consultation.

    Florida Laws and Penalties

    Possession

    Hash & Concentrates

    Paraphernalia

    Miscellaneous

    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.

    • Florida Criminal Code § 893.13(h)(3) Web Search
    • Florida Criminal Code § 893.03)(1)(c)(7) Web Search
    • Florida Criminal Code § 893.135 Web Search
    • Florida Criminal Code § 775.082(a) Web Search
    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.

    • Florida Criminal Code § 893.13 Web Search
    • Florida Criminal Code § 893.03(c)(35) Web Search
    • Florida Criminal Code § 893.13 Web Search
    • Florida Criminal Code § 893.135 Web Search
    • Florida Criminal Code § 775.082(a) Web Search
    • Florida Criminal Code § 775.083(1) Web Search
    Hash & Concentrates

    Hashish or concentrates are considered schedule I narcotics in Florida.

    • 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.

    • 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.

    • 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.

    • Florida Criminal Code § 893.145 Web Search
    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.

    • Florida Criminal Code § 775.083 Web Search
    • Florida Criminal Code § 893.145 Web Search
    • Florida Criminal Code § 893.145 Web Search
    • Florida Criminal Code § 893.147 Web Search
    Miscellaneous

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

    • Florida Criminal Code § 322.055 Web Search
    • Florida Criminal Code § 322.056 Web Search
    More Information
    Drugged Driving

    Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

    Local Decriminalization

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

    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.

    Florida Laws and Penalties Possession Hash & Concentrates Paraphernalia Miscellaneous Penalty Details Possession Possession of 20 grams or less of cannabis is a misdemeanor