Florida still treats recreational marijuana as a controlled substance, and the amount you are accused of possessing decides everything (Fla. Stat. § 893.13).
- 20 grams or less is a first-degree misdemeanor, punishable by up to 1 year in jail, 12 months of probation, and a $1,000 fine.
- More than 20 grams but less than 25 pounds is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
- 25 pounds or more, or 300 or more plants, is trafficking in cannabis under Fla. Stat. § 893.135, a first-degree felony with mandatory minimum prison terms that climb with the weight.
- Concentrates, vape oil, and edibles are treated differently from plant material. Because the 20-gram misdemeanor rule applies only to cannabis as the statute defines it (Fla. Stat. § 893.02), THC concentrate outside the medical program may be charged as third-degree felony possession even in an amount far below 20 grams, so a single vape cartridge can become a felony case. What the substance actually was, how it was tested and weighed, and whether it was hemp or a lawful medical product all matter to that charge.
Packaging, scales, or cash found with the marijuana can turn a possession case into a possession with intent to sell charge, a felony regardless of weight, and cultivation is charged separately. Read about the penalty for growing marijuana in Florida.
A conviction for possessing, selling, or trafficking a controlled substance, or conspiring to, also brings a driver’s license suspension under Fla. Stat. § 322.055, even when no vehicle was involved. The suspension lasts six months, or longer if you are required to finish a drug treatment program and have not, and a court that finds a compelling reason can allow a restricted license for work. Some Florida cities and counties allow officers to issue a civil citation for small amounts, but the choice between a citation and an arrest belongs to the officer, and outside those programs a small possession charge is a real criminal case.
What About Medical Marijuana Cards?
A valid, active Florida medical marijuana card protects you only while you stay inside the program’s rules (Fla. Stat. § 381.986): a current physician certification, registry identification, the amounts and forms you were certified for, and product obtained through a licensed medical marijuana treatment center or another route the statute allows, such as a registered caregiver. It does not cover cannabis bought outside that system, amounts above your certification, use in places where it is prohibited, or possession after your card has lapsed. If you were arrested for possession while holding a medical card, the source and form of what you possessed usually decides the case, and these charges are frequently beatable.
Defenses to Marijuana Possession Charges
- Unlawful stop or search. Most possession cases begin with a traffic stop. If the stop or the search was illegal, the evidence is suppressed and the case usually collapses. Since hemp became legal, the smell of cannabis alone no longer justifies a stop or a search in much of the state. Baxter v. State, 389 So. 3d 803 (Fla. 5th DCA 2024) (en banc), and Williams v. State, 421 So. 3d 809 (Fla. 2d DCA 2025) (en banc), held that odor by itself cannot supply reasonable suspicion or probable cause because lawful hemp and medical cannabis smell the same as illicit marijuana. Odor still counts as one fact among others, the rule is still developing district by district until the Florida Supreme Court settles it, and whether a particular search was lawful is worth fighting.
- Constructive possession. When drugs are found in a shared car or home, the State must prove you knew they were there and had control over them. Being nearby is not possession.
- Lab proof. Hemp and marijuana look and smell identical, so the State needs laboratory testing to prove the THC content of what was seized.
- Diversion. First-time defendants often qualify for drug court or pretrial diversion, which ends in a dismissal and preserves your eligibility for expungement.
Frequently Asked Questions About Florida Marijuana Charges
Is weed legal in Florida now?
No. Medical use is legal for registered patients who stay within the program’s rules. Recreational possession remains a crime statewide, whatever the law says in other states and whatever a citation program in one city allows.
Will a marijuana charge really go on my record?
Yes. A conviction creates a criminal record that shows up on background checks and cannot be sealed or expunged. A dismissal or a completed diversion program keeps your record clean or leaves it eligible for expungement, which is why a small charge is worth fighting.
Can I lose my driver’s license over a marijuana charge?
Yes. A conviction for possessing, selling, or trafficking a controlled substance brings a six-month license suspension under Fla. Stat. § 322.055, even when no vehicle was involved. A court can allow a restricted license for work or business if it finds a compelling reason, but avoiding the conviction avoids the problem.
