Created by FindLaw's team of legal writers and editors | Last reviewed March 20, 2018
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Lately it seems like every state has a different marijuana law. Between medical marijuana, decriminalization, and legalization, it’s hard to keep track of which laws apply where. Especially when different ballot measures and constitutional amendments keep popping up. The Sunshine State voted to legalize medicinal marijuana in 2016. Here’s a look at the state of Florida marijuana laws.
While some other states have experimented with marijuana legalization and decriminalization, marijuana remains illegal in Florida unless being used in medicinal cases. Possession of small amounts of marijuana is a crime in the Sunshine State, albeit having less than 20 grams on you is a misdemeanor. While the option of drug diversion programs may be available for some first-time offenders with no criminal history, it's still a criminal offense.
In 2016, voters passed a constitutional amendment known as the "Florida Medical Marijuana Legalization Initiative," (Amendment 2). The amendment legalized medical marijuana for individuals with specific debilitating diseases or comparable debilitating conditions as determined by a licensed state physician. It will go into effect will go into effect on January 3, 2017. For more information, speak with an experienced attorney or contact the Florida Department of Health.
Drug laws can differ from state to state and that’s especially true for state marijuana laws. Learn more about Florida marijuana laws in the table below. Keep in mind, your Florida driver’s license may be suspended for marijuana-related convictions unrelated to driving.
Code Section |
Florida Statute 893.13, et seq. |
Possession |
|
Sale |
3rd degree felony, unless less than 20 g. for no consideration, then 1st degree misdemeanor: penalty as in §§775.082, 083, 084; Subsequent offense: 15 yrs. |
Trafficking |
All sentencing done pursuant to sentencing guidelines: 25-2000 lbs.: mandatory $25,000 and 3 yrs.; 2000-10,000 lbs.: mandatory $50,000 and 7 yrs.; Over 10,000 lbs.: 15 yrs. and mandatory $200,000 |
No matter what a state’s marijuana laws says, marijuana sale and possession is illegal under the Controlled Substance Act. Where federal and state law clash, federal law always trumps. To date, federal law enforcement agencies haven’t shown an interest prosecuting minor marijuana cases in Colorado and Washington, where recreational use is permitted. But that doesn’t mean the federal government has given up on enforcing restrictions on everything from the manufacturing and cultivation to the trafficking and distribution, as well as the possession of marijuana.
State drug laws can change frequently, and their enforcement can vary depending on your specific circumstances. You can also conduct more of your own research in FindLaw’s drug charges section.
Marijuana is still a controversial topic in this country, and is still illegal under federal law. If you or someone you love has been arrested for a marijuana-related crime or want more information surrounding medical marijuana in Florida, your best move is to contact an experienced drug crime lawyer near you today.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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