What is the penalty for weed possession in Florida?

Possession of under 20 grams of weed without a medical card is a first-degree misdemeanor carrying up to 1 year in jail and a $1,000 fine. Possession over 20 grams is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine.

Is marijuana decriminalized in Florida?

No, Florida has not decriminalized marijuana statewide. Some local jurisdictions like Miami-Dade and Palm Beach County have civil citation programs, but these are at officer discretion and do not eliminate the underlying criminal statute.

What are Florida's marijuana trafficking penalties?

Trafficking 25-2,000 pounds carries a 3-year mandatory minimum and $25,000 fine. Trafficking 2,000-10,000 pounds carries 7 years mandatory minimum. Over 10,000 pounds carries 15 years mandatory minimum and $200,000 fine.

Florida Cannabis Penalties — Fines & Jail Time

Legal Disclaimer: This information reflects Florida cannabis law as of March 2026 and is for educational purposes only. It is not legal advice. Laws and regulations change — always verify current rules with the Office of Medical Marijuana Use or a qualified attorney. Cannabis remains illegal under federal law.

Last verified: March 2026

No Statewide Decriminalization

Florida is one of only 19 states that have not decriminalized simple weed possession. While some local jurisdictions — including Miami-Dade County and Palm Beach County — have adopted civil citation programs for small amounts, these are at officer discretion and do not eliminate the underlying criminal statute. A Florida officer can always choose to arrest rather than cite.

Criminal Penalties by Offense

Offense	Classification	Max Penalty
Possession ≤20 grams	1st degree misdemeanor	1 year jail + $1,000 fine
Possession >20 grams	3rd degree felony	5 years prison + $5,000 fine
Sale/delivery ≤25 lbs	3rd degree felony	5 years prison + $5,000 fine
Trafficking 25–2,000 lbs	1st degree felony	3 years mandatory min + $25,000 fine
Trafficking 2,000–10,000 lbs	1st degree felony	7 years mandatory min + $50,000 fine
Trafficking >10,000 lbs	1st degree felony	15 years mandatory min + $200,000 fine

Possession Penalties in Detail

Under 20 grams without a medical card is a first-degree misdemeanor under §893.13, carrying up to one year in county jail and a $1,000 fine. This includes any amount — even a single joint. A conviction creates a permanent criminal record that affects employment, housing, and educational opportunities.

Over 20 grams is a third-degree felony, punishable by up to five years in state prison and a $5,000 fine. The 20-gram threshold is approximately 0.7 ounces — a low bar by any standard. This means that someone caught with slightly more than half an ounce faces felony charges in Florida.

Trafficking Penalties

Florida's trafficking statutes under §893.135 impose mandatory minimum prison sentences that judges cannot reduce:

25–2,000 pounds: 3 years mandatory minimum, $25,000 fine
2,000–10,000 pounds: 7 years mandatory minimum, $50,000 fine
Over 10,000 pounds: 15 years mandatory minimum, $200,000 fine

Distribution and Sale

Sale, delivery, or possession with intent to distribute cannabis is a third-degree felony for amounts up to 25 pounds. Sale within 1,000 feet of a school, daycare, park, or place of worship triggers enhanced penalties. Distribution to a minor is a second-degree felony carrying up to 15 years.

Paraphernalia

Possession of drug paraphernalia is a first-degree misdemeanor (up to 1 year jail, $1,000 fine). Sale or delivery of paraphernalia is a third-degree felony.

Local Civil Citation Programs

Several Florida jurisdictions have adopted civil citation ordinances for small amounts of cannabis, typically under 20 grams. These programs allow officers to issue a fine (often $100–$250) instead of making an arrest, but participation is discretionary — an officer can always choose criminal charges instead. Jurisdictions with citation programs include Miami-Dade County, Palm Beach County, Tampa, and several others.

Medical Patient Protections

Registered medical marijuana patients who comply with program requirements are protected from criminal prosecution for possession of medical cannabis products. However, SB 2514 (2025) introduced a new risk: any drug charge under Chapter 893 — even one that is ultimately dismissed — triggers automatic suspension of the patient's medical card.