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Florida Marijuana Laws

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. So far, the Sunshine State has kept it simple -- no pot, no matter what. But that could change with a medical marijuana initiative on the ballot in November 2014. Until then, here’s a look at the state of Florida marijuana laws.

Marijuana Laws in Florida

While some other states have experimented with marijuana legalization and decriminalization, marijuana remains illegal in Florida even 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.

Florida Marijuana Statutes

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.

Code Section

893.13, et seq.

Possession

3rd degree felony;

Under 20 grams: 1st degree misdemeanor;

In excess of 25 lbs. is trafficking (1st degree felony)

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: 10 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.

Related Resources for Florida Marijuana Laws:

State drug laws can change frequently, and their enforcement can vary depending on your specific circumstances. If you need legal assistance with a drug case, you can contact a Florida criminal defense attorney. You can also conduct more of your own research in FindLaw’s drug charges section. If you would like help with a substance abuse problem, the Florida Department of Health can provide drug treatment resources.

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