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When Is It A Felony To Possess Marijuana In Florida?

While medical marijuana is allowed in Florida, recreational marijuana use is still disallowed, and anyone possessing marijuana without a medical card can face stiff monetary penalties and jail time. And, in some cases, marijuana possession in Florida can even result in a felony charge, which can result in serious consequences.

While medical marijuana is allowed in Florida, recreational marijuana use is still disallowed, and anyone possessing marijuana without a medical card can face stiff monetary penalties and jail time. And, in some cases, marijuana possession in Florida can even result in a felony charge, which can result in serious consequences.

But possession of marijuana in Florida is not always a felony. The severity of the charge depends on how much marijuana a person possesses, whether or not they intended to sell it, where they were arrested, and on a few other factors.

In this blog, Salnick Law, P.A.will discuss Florida law, how it applies to marijuana, and when possessing marijuana may result in a felony charge, rather than a misdemeanor.

Does Marijuana Possession Always Result In A Felony?

No. Simple possession of marijuana in Florida does not always end in an arrest. And, even when it does, the charges levied are usually at the misdemeanor level. This is the most likely outcome if a person is arrested with a small amount of marijuana.

For example, Florida law classifies the possession of 20 grams or less of marijuana as a misdemeanor. The highest possible penalties for this are 1 year of incarceration, and/or a fine of $1,000. First-time offenders are likely to be able to reduce these penalties even further.

In addition to this, some counties and municipalities have actually decriminalized the possession of small amounts of marijuana. What this means is that you will be charged with a civil offense, rather than a criminal offense.

For example, in Palm Beach County, the City Council passed an ordinance in September of 2015 that decriminalized the possession of small amounts of marijuana (less than 20 grams) for first-time offenders, allowing officers to cite the offender with a $100 penalty or require 10 hours of community service and release them immediately.

It’s important to note, however, that this is at the discretion of the law enforcement officer. It is still possible to be charged with a misdemeanor for the possession of small amounts of marijuana in Palm Beach County if the officer follows state law rather than local ordinances.

Under What Circumstances Would A Marijuana-Related Charge Be A Felony?

While it’s rare for a person to be charged with a felony for possessing a small amount of marijuana, the situation becomes more complex when discussing cases where an individual possessed a large amount of marijuana, is growing marijuana plants, or is trafficking and selling marijuana.

To help you understand felony marijuana charges in Florida, let’s look at how Florida state law handles penalties for possession, trafficking, and the manufacturing of marijuana.

Penalties For Marijuana Possession In Florida

As mentioned, possessing 20 grams or less of marijuana in Florida is a misdemeanor. Felony charges will not be brought against an individual with this amount of marijuana.

However, there is an exception. If the individual possesses 20 grams or less of marijuana within a school, college, park, or “other specified area,” they may be charged with a felony, with a penalty of up to 15 years in prison and a fine of $10,000.

Possessing any amount of marijuana over 20 grams in Florida is a felony, with heavier penalties for larger amounts of marijuana, as follows:

  • 20 grams to 25 lbs – Felony, with possible incarceration up to 5 years and fines of up to $5,000.
  • 25 lbs to less than 2,000 lbs – Felony, with a mandatory minimum sentence of 3-15 years and fines of up to $25,000.
  • 2,000 lbs to less than 10,000 lbs – Felony, with a mandatory minimum sentence of 7-30 years and fines of up to $50,000.
  • 10,000 lbs or more – Felony, with a mandatory minimum sentence of 15-30 years and fines of up to $200,000.

Penalties For Marijuana Trafficking In Florida

The only situation in which selling marijuana is not a felony is if you sell 20 grams or less “without remuneration.” In other words, if a person gives less than 20 grams of marijuana to someone else and has not paid for it, this is a misdemeanor.

The same exception for distributing marijuana near a “school, college, park, or “other specified area,” also applies. Distributing marijuana in these areas could result in up to 15 years in prison and a fine of $10,000.

Here is an overview of felony penalties for marijuana trafficking in Florida:

  • 25 lbs or less – Felony, with possible incarceration of up to 5 years and fines of up to $5,000
  • 25 lbs to less than 2,000 lbs – Felony, with a mandatory minimum sentence of 3-15 years and fines of up to $25,000.
  • 2,000 lbs to less than 10,000 lbs – Felony, with a mandatory minimum sentence of 7-30 years and fines of up to $50,000.
  • 10,000 lbs or more – Felony, with a mandatory minimum sentence of 15-30 years and fines of up to $200,000.

Penalties For Marijuana Manufacturing In Florida

Possession of any marijuana plants may be charged as a felony in Florida, even if a person is found with just one or two plants. The penalties are as follows:

  • Less than 25 plants – Felony, with possible incarceration of up to 5 years and fines of up to $5,000.
  • 25-300 plants – Felony, with possible incarceration of up to 15 years and fines of up to $10,000.
  • 300-2000 plants – Felony, with a mandatory minimum sentence of 3-15 years and fines of up to $25,000.
  • 2,000 to 10,000 plants – Felony, with a mandatory minimum sentence of 7-30 years and fines of up to $50,000.

Know Your Rights & Consult With A West Palm Beach Marijuana Attorney

If you’ve been charged for marijuana possession or another marijuana-related offense in West Palm Beach, you have the right to defend yourself in court, and you need an experienced West Palm Beach marijuana attorney on your side.

The team at Salnick Law, P.A. is always here to assist anyone facing criminal charges in West Palm Beach and Florida. As leading criminal defense lawyers, we’re here to protect your rights, ensure due process, and ensure the best possible outcome for your case. We have been serving our clients with skill, expertise, and integrity for more than 40 years.

Working with the right lawyer is essential for defending yourself from a criminal charge for marijuana possession, or any other marijuana-related offense. So contact us now to speak to a West Palm Beach marijuana attorney now, and get the help you need.

Gregory Salnick
Mr. Salnick is a Florida Board Certified Specialist in Criminal Law. He began his legal career at the Palm Beach County State Attorney’s Office where he prosecuted over 90 jury trials, ranging from DUI to murder, armed robbery and drug trafficking. Mr. Salnick quickly gained a reputation as a tenacious and ethical attorney at law. Mr. Salnick now serves as state and federal criminal defense attorney at Salnick Law, P.A.
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