Marijuana Possession in Florida (Charges & Penalties)
Marijuana possession in Florida can still result in criminal charges, even though medical marijuana is legal in certain situations.
Whether a charge is a misdemeanor or felony depends on the amount involved and whether you have a valid medical marijuana authorization.
Understanding the difference is critical.
Is Marijuana Legal in Florida?
Marijuana is legal in Florida only for qualified medical use.
To legally possess marijuana, you must:
Be registered as a medical marijuana patient
Purchase through a licensed dispensary
Possess only authorized forms and amounts
Possession outside these rules may result in criminal charges.
What Are the Penalties for Marijuana Possession in Florida?
Penalties depend on the amount:
20 grams or less
First-degree misdemeanor
Up to 1 year in jail
Up to $1,000 fine
More than 20 grams
Third-degree felony
Up to 5 years in prison
Up to $5,000 fine
What Must the State Prove?
To convict you, the State must prove:
The substance was marijuana
You had possession or control
You knew the substance was present
These elements are important in building a defense.
Actual vs Constructive Possession
Actual possession
Marijuana is found on your person
Constructive possession
Marijuana is found in a vehicle or shared space
Constructive possession cases often involve additional legal issues.
Marijuana DUI and Related Charges
Marijuana possession cases sometimes overlap with DUI investigations.
Learn more:
DUI lawyer →
Can Marijuana Possession Charges Be Dropped?
In some cases, it may be possible to:
Challenge how the evidence was obtained
Question whether possession can be proven
Identify issues with search or probable cause
Each case depends on the facts.
What About Medical Marijuana?
Even with a medical marijuana card, you can still be charged if:
You exceed allowed amounts
You possess marijuana outside approved forms
You are not properly registered
Understanding these rules is important.
Cost of Hiring a Criminal Defense Lawyer
Learn more:
Cost of a Criminal Lawyer
Criminal Defense in Sarasota and Surrounding Areas
We represent clients throughout Sarasota and nearby areas, including:
Bradenton
Venice
North Port
Siesta Key
Longboat Key
Desoto
Hillsborough
Pinellas
Areas we serve →
Speak With a Criminal Defense Lawyer
If you are facing marijuana possession charges in Florida, understanding your options early can help you make informed decisions.
A criminal defense attorney can review your case and help determine the best path forward.
Frequently asked questions
Is marijuana legal in Florida?
Marijuana is legal only for qualified medical use with proper authorization.
Is marijuana possession a felony in Florida?
Possession over 20 grams is typically charged as a felony.
Can you go to jail for marijuana possession?
Yes, depending on the amount and circumstances.
Can marijuana charges be dismissed?
In some cases, yes—depending on the evidence and legal issues.