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

OFFENSESCLASSIFICATIONMAXIMUM FINEINCARCERATION
Within 1000 feet of a school, college, park, or other specified areasFelony$10,00015 years
20 grams or fewer (without payment)Misdemeanor$1,0001 year
25 pounds or fewerFelony$5,0005 years
More than 25 to fewer than 2,000 pounds, or 300 to 2,000 plantsFelony$25,0003 (mandatory minimum) to 15 years
2,000 to fewer than 10,000 pounds, or 2,000 to 10,000 plantsFelony$50,0007 (mandatory minimum) to 30 years
10,000 pounds or moreFelony$200,00015 (mandatory minimum) to 30 years

Possession

OFFENSECLASSIFICATIONMAXIMUM FINEINCARCERATION
Within 1000 feet of a school, college, park, or other specified areasFelony$10,00015 years
20 grams or fewerMisdemeanor$1,0001 year
More than 20 grams to 25 poundsFelony$5,0005 years
More than 25 to fewer than 2,000 poundsFelony$25,0003 (mandatory minimum) to 15 years
2,000 to fewer than 10,000 poundsFelony$50,0007 (mandatory minimum) to 30 years
10,000 pounds or fewerFelony$200,00015 (mandatory minimum) to 30 years
Fewer than 25 plantsFelony$5,0005 years
25 to 300 plantsFelony$10,00015 years
300 to 2,000 plantsFelony$25,0003 (mandatory minimum) to 15 years
2,000 to 10,000 plantsFelony$50,0007 (mandatory minimum) to 30 years

See Florida Criminal Code sections 775.082, 893.03, 893.13 and 893.135.

Hashish, Concentrates & Paraphernalia

OFFENSECLASSIFICATIONMAXIMUM FINEINCARCERATION
Possession, sale, manufacture or delivery of hashish or concentrateFelony (third degree)$5,0005 years
Possession, sale, manufacture or delivery of hashish or concentrate (see below)Felony (second degree)$10,00015 years
Possession of paraphernaliaMisdemeanor$1,0001 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.

OFFENSECLASSIFICATIONMAXIMUM FINEINCARCERATIONLICENSE SUSPENSION
DUI (first offense)Misdemeanor$1,000Up to 6 months180 days to a year
DUI (second offense)Misdemeanor$2,000Up to 9 months in jail and a mandatory year on probation180 days to a year
DUI (third offense)Misdemeanor$5,000Up to 12 months in jail and a mandatory year on probationOne year
DUI (third offense within 10 years of second)Felony$5,000Up to 5 years in jail and a mandatory year on probation10 years
DUI (fourth offense)Felony$5,0005 years and a mandatory year on probation10 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

JURISDICTIONQUANTITYPENALTYMEASUREDATE PASSED
Alachua County20 gramsCite and releaseCity Council OrdinanceAugust 2016
Broward County20 gramsCite and releaseCounty OrdinanceNovember 2015
Cocoa Beach20 gramsCivil citationCity Council OrdinanceMarch 2019
Hallandale Beach20 grams$100City Council ResolutionAugust 2015
Key West20 grams$100City Council ResolutionAugust 2015
Miami Beach20 grams$100City Council ResolutionJuly 2015
Miami-Dade County20 grams$100County OrdinanceJune 2015
Orlando20 grams$100City Council ResolutionMay 2016
Osceola County20 gramsCite and releaseCity Council OrdinanceJune 2016
Palm Beach County20 gramsCite and releaseCity Council OrdinanceSeptember 2015
Port Richey20 grams$155City Council ResolutionSeptember 2016
Tampa20 grams$75City Council ResolutionFebruary 2016
Volusia County20 grams$100City Council ResolutionMarch 2016
West Palm Beach County20 grams$100City Council ResolutionAugust 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.