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Is Possession of Marijuana a Felony in Florida?

By Hager & Schwartz, P.A.

October 4, 2022

While many states have legalized recreational marijuana, the State of Florida continues to aggressively penalize those who are caught in possession of the substance. If you are caught in possession of marijuana, could you be charged with a felony? Let’s discuss the varying charges for this offense.

Misdemeanor Possession of Marijuana in Florida

The majority of charges for marijuana possession are misdemeanors. If you are found in possession of 20 grams or less of cannabis, the defendant will be charged with a misdemeanor. This can result in up to one year in jail and a fine of up to $1,000.

Felony Possession of Marijuana in Florida

Marijuana possession charges get more serious if the quantity of the substance increases. If the defendant is found with 20 grams to 25 pounds of marijuana in your possession, they can be charged with a felony offense. In this case, the potential penalties increase to up to five years imprisonment and a fine of up to $5,000.

Additional Considerations for Marijuana Charges

While possession is one of the most common marijuana-related charges in Florida, there are a variety of other charges that defendants may face depending on the circumstances of their arrest.

If the defendant transports marijuana across borders, they could be charged with federal trafficking. They may also face trafficking charges if they have over 25 pounds of cannabis.

Charges and penalties may also increase if the defendant is found with marijuana plants in their possession. In this case, they could be charged with felony drug cultivation.

Drug paraphernalia charges often occur at the same time as drug possession charges. This is an additional misdemeanor charge.

Daytona Beach Marijuana Defense Attorneys

Many Floridians are frustrated by the legal status of marijuana in Florida – especially due to its legalized use in other states. If you are facing charges for marijuana possession or any other drug offense, our attorneys at Hager & Schwartz, P.A. are available to help. A drug crime conviction of any kind can have serious consequences and working with a defense attorney is the best way to protect yourself. Reach us at (386) 693-1637 or click here.