Florida has strict marijuana laws, and possessing certain amounts can lead to felony charges with significant long-term legal and personal consequences. This contrasts with some states that have moved towards decriminalization or legalization.
Understanding what triggers a felony charge for marijuana possession in Florida is very important. The amount of marijuana and the circumstances surrounding possession can significantly impact the severity of the charges, distinguishing a misdemeanor from a felony.
Possession Threshold for a Felony
In Florida, the amount of marijuana possessed determines whether the charge is a misdemeanor or a felony. Under Florida Statute 893.13, possessing more than 20 grams of cannabis is a third-degree felony.1The Florida Senate. Chapter 893 Section 13 – 2024 Florida Statutes – Prohibited Acts; Penalties Amounts of 20 grams or less are a first-degree misdemeanor.
The total weight of the cannabis material, including stems and seeds, is what matters, not the THC content. This 20-gram threshold applies to plant-form cannabis; marijuana concentrates like oils or edibles are treated differently under the law.
Consequences of Exceeding the Threshold
Possessing more than 20 grams of cannabis in Florida is a third-degree felony. A conviction can result in up to five years in state prison.2Justia. Florida Statutes § 775.082 (2024) – Penalties
Financial penalties are also possible. Florida Statute 775.083 allows for a fine up to $5,000, in addition to or instead of imprisonment, plus court costs.3The Florida Senate. Chapter 775 Section 083 – 2024 Florida Statutes – Fines
A felony conviction in Florida also means losing certain civil rights, such as the right to vote, serve on a jury, and hold public office. These rights can only be restored through a formal process. Furthermore, under Florida Statute 790.23, convicted felons cannot own or possess firearms or ammunition.4Florida eLaws. Section 790.23 – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful
Driving privileges are also affected. Florida Statute 322.055 requires a one-year driver’s license revocation upon conviction for any felony drug offense.5Justia. Florida Statutes § 322.055 (2024) – Driver License Revocation for Certain Drug Offenses It may be possible to apply for a hardship license for work after part of the revocation period, but the initial license loss is automatic.
Additional Factors That Can Elevate Charges
Beyond quantity, other circumstances can elevate marijuana charges. Evidence of intent to sell, manufacture, or deliver cannabis can change a possession charge to a third-degree felony. Prosecutors consider indicators such as:
- Scales
- Packaging materials like individual baggies
- Large amounts of cash
- Ledgers or transaction records
- Statements from the individual or witnesses
The location of possession can also increase penalties. State law imposes stricter penalties for offenses committed within 1,000 feet of certain protected zones, including:
- A child care facility
- An elementary, middle, or secondary school (between 6 a.m. and 12 midnight)
- A state, county, or municipal park
- A community center
- A publicly owned recreational facility
An offense like possession with intent to sell, normally a third-degree felony, can be enhanced to a second-degree felony if it occurs in these zones.
Involving a minor in a marijuana offense also increases charge severity. State law makes it a second-degree felony for an adult to solicit or use a minor in a marijuana crime, such as having them sell or deliver cannabis.
Marijuana Concentrates in Felony Charges
Florida law treats cannabis concentrates much more strictly than plant-form marijuana. While plant-form marijuana has a 20-gram threshold for a felony, possessing any amount of a cannabis concentrate containing THC is a third-degree felony. This means even a small quantity of cannabis wax, resin, or oil can result in a felony charge.
This strict treatment stems from how Florida law defines cannabis and its exceptions. The misdemeanor exception for possessing 20 grams or less of marijuana specifically excludes cannabis resin and its derivatives.6Florida Legislature Online Sunshine. Florida Statutes Section 893.02 – Definitions Since concentrates are made from these resins, they do not qualify for the leniency applied to small amounts of plant-form marijuana.
Possessing even a tiny amount of THC concentrate, like in a vape pen or edible, can lead to a felony charge, unless the individual has valid medical marijuana authorization under Florida law. There is no minimum weight for concentrates to trigger a felony; any detectable amount is enough. This puts concentrates in a similar legal position to other Schedule I controlled substances.7Florida eLaws. Florida Statutes Section 893.03 – Standards and Schedules