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Definition of Cannabis in Florida Criminal Code

"Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include "low-THC cannabis," as defined in s. 381.986, if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with s. 381.986.

As society demand changes over the decades, Florida changed their drug laws to keep up with the times. From cultivation to paraphernalia....

The original laws against cannabis were based upon the Acts of 1933, in Chapter 16,087 of the Laws of Florida, which is an Act to regulate the prescribing and dispensing, et cetera, of narcotic drugs in the State of Florida. Narcotic drugs were defined to include "coca leaves, opium, cannabis and every substance neither chemically nor physically distinguishable from them." The punishment for offenses related to those situations did not make a distinction based on the quantity involved, but did specify that for the first offense a fine of $5,000, five (5) years in prison, or both, could be imposed.

Please review the following criminal penalties being selectively enforced in Florida, additional state and federal penalties may apply:

Legal Support Network

The greatest harm associated with cannabis use is legal. Are you facing criminal charges for cannabis? Are you considering using cannabis in violation of the law to treat a debilitating illness or condition? If you or a loved-one finds yourself in trouble for using cannabis, or considering using cannabis, the Florida CAN Legal Support Network has the resources for you. 

Find out more about our Legal Support Network.

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Florida Cannabis Criminal Penalties

  • Cannabis Extracts (Including Hemp) +

    Cannabis Extracts (Including Hemp) Penalties in Florida
    Offense Penalties Incarceration Max Fines ($USD)
    Importing any amount into Florida Felony Up to 5 years $ 5,000
    Possession-only 20 grams or less Misdemeanor Up to 1 year $ 1,000
    Possession-only 20 grams to 25 pounds Felony Up to 5 years $ 5,000
    Manufacture 25 pounds or less Felony Up to 5 years $ 5,000
    Possession or manufacture 25 pounds to 2,000 pounds Felony Up to 15 years, 3 years min. $ 25,000
    Possession or manufacture 2,000 pounds to 10,000 pounds Felony Up to 30 years, 7 years min. $ 50,000
    Possession or manufacture 10,000 pounds or more Felony Up to 30 years, 15 years min. $ 200,000
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  • Cannabis Possession +

    Cannabis Possession-Only Penalties in Florida
    Offense Penalties Incarceration Max Fines ($USD)
    Importing any amount into Florida Felony Up to 5 years $ 5,000
    20 grams or less Misdemeanor Up to 1 year $ 1,000
    More than 20 grams Felony Up to 5 years $ 5,000
    24 plants or less Felony Up to 5 years $ 5,000
    More than 24 plants (formerly 300*) Felony, automatic additional charge of Intent to Sell or Distribute Up to 15 years $ 10,000
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  • Cannabis Sales +

    Cannabis Sales Penalties in Florida
    Offense Penalties Incarceration Max Fines ($USD)
    Sale to a person younger than 21 Felony Up to 15 years $ 10,000
    20 grams or less, without remuneration Misdemeanor Up to 1 year $ 1,000
    25 pounds or less Felony Up to 5 years $ 5,000
    25 pounds to 2,000 pounds Felony Up to 15 years, 3 years min. $ 25,000
    2,000 pounds to 10,000 pounds Felony Up to 30 years, 7 years min. $ 50,000
    10,000 pounds or more Felony Up to 30 years, 15 years min. $ 200,000
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  • Cannabis Cultivation +

    Cannabis Cultivation Penalties in Florida
    Offense Penalties Incarceration Max Fines ($USD)
    Minor child is present Felony Up to 30 years $ 10,000
    1 to 24 plants Felony Up to 5 years $ 5,000
    25 plants or more Felony, automatic additional charge of Intent to Sell or Distribute Up to 15 years $ 10,000
    301 to 2,000 plants Felony Up to 15 years, 3 years min. $ 25,000
    2,001 to 10,000 plants Felony Up to 30 years, 7 years min. $ 50,000
    10,001 or more plants Felony Up to 30 years, 15 years min. $ 200,000
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  • Cannabis Paraphernalia +

    Cannabis Paraphernalia Penalties in Florida
    Offense Penalties Incarceration Max Fines ($USD)
    Possession or use Misdemeanor Up to 1 year $ 1,000
    Manufacture Felony Up to 5 years $ 5,000
    Delivery Felony Up to 5 years $ 5,000
    Delivery to a minor Felony Up to 15 years $ 10,000
    Transporting Felony Up to 5 years $ 5,000
    Advertising Misdemeanor Up to 1 year $ 1,000
    Sale 1st Offense:
    Misdemeanor

    Subsequent Offense:
    Felony
    1st Offense:
    Up to 1 year

    Subsequent Offense:
    Up to 5 years

    1st Offense:
    $ 1,000

    Subsequent Offense:
    $ 5,000

    Read More
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Compassionate Medical Cannabis Act of 2014

In June 2014, Governor Rick Scott signed into law the Compassionate Medical Cannabis Act of 2014, the first cannabis-friendly bill in Florida since 1979.

Find out more about the new 2014 law.

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Medical Necessity Defense

Though not a law in Florida, patients have found protection under Florida's Medical Necessity Legal Defense.

Find out more about the Medical Necessity Defense.

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