Florida Laws & Penalties
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.
See
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.
See
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.
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.
See
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.
See
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.
See
Florida Criminal Code § 322.055 Web Search
Florida Criminal Code § 322.056 Web Search
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.
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 Medical Marijuana Law
QUALIFYING CONDITIONS
ALS
Cancer
Crohn’s disease
Chronic nonmalignant pain*
Epilepsy
Glaucoma
HIV/AIDS
Multiple sclerosis
Parkinson’s disease
PTSD
Seizures
Terminal illness (patients diagnosed with no more than 12-months to live)
Other debilitating medical conditions comparable to those enumerated
*Defined as “pain that is either caused by or originates from a qualifying medical condition”
PATIENT POSSESSION LIMITS
Patients who possess a physician’s recommendation may legally obtain medical cannabis provided by state licensed dispensaries. A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana. The Department of Health shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. Although a 2017 law enacted by the legislature stipulated that qualified patients are not permitted to possess use, or administer “marijuana in a form for smoking,” a lower court later struck down this prohibition as unconstitutional — opining that the use of “smokable marijuana in private places” is permissible, and ordering the Health Department to put into action a process that will make smokable marijuana available to patients at dispensaries throughout the state. The state is appealing this ruling.
HOME CULTIVATION
No
STATE-LICENSED DISPENSARIES
Yes
STATE-LICENSED DISPENSARIES OPERATIONAL
Yes
CAREGIVERS
Yes. A “caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient’s medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department of Health. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time.
ESTIMATED NUMBER OF REGISTERED PATIENTS
100,576
Source: Florida Department of Health
RECIPROCITY
No
CONTACT INFORMATION
Department of Health regulators must finalize rules by July 3, 2018. The law must be implemented by October 3, 2018.
Read the full text of SB-8, the Amendment 2 implementation bill » https://www.flsenate.gov/Session/Bill/2017A/8A/BillText/e1/PDF
Florida CBD-Specific Marijuana Law
QUALIFYING CONDITIONS
Cancer
Muscle spasms
Seizures
Terminal illness (patients diagnosed with no more than 12-months to live)
PATIENT POSSESSION LIMITS
State-qualified patients, except in cases where those are diagnosed with a terminal illness, may possess cannabis strains containing ten percent or more of CBD and no more than eight-tenths of one percent of THC. Terminally ill patients may possess strains higher in THC, but these strains must be obtained from a state-licensed producer/dispensary.
HOME CULTIVATION
No
STATE-LICENSED DISPENSARIES
Yes, up to five facilities to dispense high-CBD strains to state-qualified patients.
STATE-LICENSED DISPENSARIES OPERATIONAL
Yes, home delivery from state-licensed dispensaries is also permitted.
CAREGIVERS
No
ESTIMATED NUMBER OF REGISTERED PATIENTS
26,968
Source: Source: Florida Office of Medical Marijuana Use
RECIPROCITY
No
CONTACT INFORMATION
Florida Department of Health, Office of Compassionate Use – http://www.floridahealth.gov/programs-and-services/office-of-compassionate-use/
Florida Hemp Law
Year Passed: 2017
Summary: SB 1726 was enacted on June 16, 2017 and directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. Commercialization projects may be allowed after two years with certain conditions. Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities. Requires a university to submit a report within two years of establishing a pilot program.