In Florida, the law establishes clear lines between minor and major marijuana offenses. A key distinction is the classification of a crime as either a misdemeanor or a felony, with felonies representing more serious offenses. A felony conviction carries significant consequences, including potential prison sentences exceeding one year. The specific circumstances, particularly the amount of marijuana involved and the nature of the offense, determine whether an act crosses the threshold into a felony.
Felony Weight for Marijuana Possession
In Florida, the weight of cannabis is a primary factor in determining the severity of a possession charge. Possessing 20 grams or less of marijuana is classified as a first-degree misdemeanor, but the charge escalates if the amount exceeds this threshold. Knowingly possessing more than 20 grams of cannabis is a third-degree felony.1Justia Law. Florida Statutes § 893.13 (2024) – Prohibited Acts; Penalties.
To secure a conviction for felony possession, the prosecution must prove that the individual had knowledge of the marijuana’s presence and that the weight exceeded the 20-gram limit. This weight-based rule means that possessing just over 20 grams, which is less than an ounce, can lead to life-altering legal problems.
Felony Charges for Marijuana Sale or Delivery
The act of selling or delivering marijuana introduces another layer to Florida’s felony laws. Unlike simple possession, the sale, delivery, or possession with intent to sell cannabis is almost always treated as a felony, regardless of the amount. The sale of any amount of marijuana is classified as a third-degree felony.
This means that even selling a quantity that would be a misdemeanor to possess can result in a felony conviction. Law enforcement and prosecutors will look for evidence indicating an intent to sell, such as the presence of scales, individual packaging, or large amounts of cash. The simple delivery of 20 grams or less without payment is a first-degree misdemeanor, but as soon as money changes hands, the act becomes a felony offense.
An enhanced charge may apply if the sale occurs within 1,000 feet of specific locations like a school, park, or place of worship, which can elevate the crime to a second-degree felony.2The Florida Senate. Chapter 893 Section 13 – 2024 Florida Statutes
Marijuana Trafficking Felony Thresholds
Florida law defines marijuana trafficking as a distinct and more severe offense than other felonies. Trafficking charges are triggered by specific weight thresholds and come with mandatory minimum prison sentences and substantial fines. Possessing, selling, purchasing, or manufacturing more than 25 pounds of marijuana or 300 or more cannabis plants constitutes trafficking in cannabis, a first-degree felony.
The penalties are tiered based on the quantity. The lowest tier, for 25 to 2,000 pounds or 300 to 2,000 plants, carries a mandatory minimum prison sentence. For amounts between 2,000 and 10,000 pounds or 2,000 to 10,000 plants, the mandatory minimum sentence increases. The most severe trafficking charges apply to quantities of 10,000 pounds or more, resulting in a lengthy mandatory minimum sentence. These mandatory sentences mean that judges have little discretion to impose a lighter sentence.
Felony for Marijuana Cultivation
The cultivation of marijuana, legally defined as manufacturing, is also treated as a felony in Florida. Growing even a single cannabis plant is a third-degree felony. The law does not differentiate between growing for personal use and growing for distribution at this basic level.
The number of plants can significantly increase the severity of the charges, as intent to sell can be inferred from the circumstances. Cultivating 300 or more plants automatically triggers trafficking charges. If the cultivation occurs in a location where a minor is present or resides, the offense is reclassified to a second-degree felony.
How Cannabis Concentrates and Edibles Affect Felony Charges
Florida law treats cannabis concentrates like oils, waxes, and hashish differently and more harshly than the plant form. Possession of any amount of a cannabis concentrate is a third-degree felony. This means that even possessing a quantity that would be a misdemeanor if it were marijuana flower can result in a felony charge.
When it comes to edibles, the entire weight of the product, not just the amount of THC it contains, is used to determine the charge. This strict interpretation of the law means that individuals in possession of concentrates or edibles can face severe legal consequences.
Penalties for Felony Marijuana Offenses in Florida
A felony marijuana conviction in Florida carries significant penalties that can have a lasting impact on an individual’s life. For a third-degree felony, the most common charge for possessing over 20 grams, selling marijuana, or cultivating plants, the penalties include:
- Up to five years in prison
- Five years of probation
- A fine of up to $5,000
- A mandatory six-month suspension of the individual’s driver’s license3The Florida Senate. Chapter 322 Section 055 – 2024 Florida Statutes
For higher-level felonies, such as trafficking, the penalties are more severe and include the mandatory minimum prison sentences and fines set by law. Beyond incarceration and fines, a felony conviction has numerous long-term consequences. A convicted felon in Florida may lose their right to vote. They are also prohibited from owning a firearm.4Justia Law. Florida Statutes § 790.23 (2024) – Felons and Delinquents; Possession of Firearms, Ammunition, or Electric Weapons or Devices Unlawful. They may also face challenges in finding employment and housing, as a felony conviction will appear on background checks.