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Florida Possession of Cannabis – How It’s Defined
In Florida, it is a crime to possess any amount of cannabis without a prescription.
In Florida, cannabis is a Schedule I controlled substance and it is a crime to possess any amount of cannabis without a prescription. It is a misdemeanor to possess less than 20 grams of cannabis and a felony to possess more than 20 grams of cannabis. Importantly, cannabis concentrates, such as cannabis resin, cannabis wax, cannabis oil, hashish oil, cannabis budder, and cannabis crumble do not fall under the legal definition of cannabis in Florida and are prosecuted as a separate felony crime.
Penalties for Florida Possession of Cannabis / Marijuana
The penalties for Florida possession of cannabis or marijuana depend on whether you are charged with possession of less than twenty grams of marijuana, which is considered misdemeanor possession, or possession of twenty grams or more of marijuana, which is considered felony possession.
Penalties for Possession of less than 20 grams of Marijuana
In Florida, the crime of Possession of less than 20 grams of Cannabis is a First Degree Misdemeanor and punishable by up to one (1) year in jail, one (1) year of probation, and a $1,000 fine.
Penalties for Possession of 20 grams or more of Marijuana
The crime of Possession of 20 grams or more of Cannabis is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Possession of 20 grams or more of Cannabis is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Possession of 20 grams or more of Cannabis to probation, but may also impose a sentence up to the statutory maximum of five years in prison.
Driver License Suspension
Pursuant to Florida Statute 322.055, any person convicted of Possession of Cannabis will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV.
Defenses to Florida Possession of Cannabis or Marijuana
Possession of Cannabis or Marijuana is a possession offense, and generally the defenses applicable to possession are equally applicable to these charges. Those defenses include:
However Cannabis has some additional evidentiary and suppression issues unlike other controlled substances, for example in the recent appellate case baxter v state, where on august 2nd 2024 the 5th DCA ruled that the “plain smell” of cannabis alone no longer provides reasonable suspicion to detain. This means that the area of law concerning unlawful detention based on marijuana is changing in Florida, and you need an experienced criminal defense attorney to help you.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.