Florida Marijuana Laws and Penalties in Florida are Changing

Posted by Fred Koberlein | Mar 24, 2016 | 0 Comments

There are sweeping changes regarding marijuana laws across the country, with more states and municipalities all over the U.S. de-criminalizing or legalizing marijuana the use for medical and recreational purposes. In Florida, however, this drug is still considered an illegal controlled substance, and the penalties for possessing or selling it can be harsh. As a result of the de-criminalizing and legalizing of marijuana in other states, the defenses to Florida marijuana laws surrounding possession, sale and other aspects of this substance have become more complex and available to defendants.

Florida Marijuana Laws – Possession

The key law that most people need to understand is that the weight of the marijuana is key. If you are found to be in possession of a small amount of cannabis, 20 grams or under, the charge is a misdemeanor carrying a maximum fine of $1,000 and incarceration for up to one year.

Possessing higher amounts of the substance carries a felony charge and prison terms of anywhere from three to 30 years in prison, depending on the amount of plants or processed cannabis carried, as well as fines ranging from $5,000 all the way up to $200,000.

In all cases, conviction of marijuana law violations carries a driver's license suspension of up to one year's time.  Also, today's wax, waxes, THC concentrate, concentrate liquids, and liquid forms of THC are included in Florida marijuana laws.

Sale of Cannabis

Selling marijuana, wax, or THC concentrate in Florida is a serious crime. If the sale is of up to 20 grams of the drug, jail time for up to 1 year and fines of up to $1,000 accompany the misdemeanor charge. As with possession, for amounts greater than 20g, you will face felony charges and up to 30 years in prison with up to $200,000 in fines. The penalties are also more severe if you are within 1,000 feet of a college, park, school or certain other specified areas.

Hashish and Concentrates like Wax and Concentrated Liquids (Concentrates)

Hashish is a concentrated form of cannabis which is much more potent than the raw form of the drug. Possession and sale of concentrated and processed forms of marijuana carry felony charges and penalties of $5,000 in fines and up to 5 years in prison for those found guilty.


Many people make the mistake of believing that if they don't have the drug itself on their person, they cannot be charged with a crime. In Florida, possession of drug paraphernalia alone can be enough to result in criminal charges and penalties. If you are convicted of paraphernalia in Florida, you may face a misdemeanor charge carrying $1,000 in fines and jail time of up to one year.

Criminal Defense

Do you know how the laws and penalties surrounding marijuana possession in Florida differ from other States?

Drug laws are serious business, and you should never think you can defend yourself against these charges. If you face arrest and charging of drug charges, the first thing you should do is seek the counsel of a professional, experienced criminal defense attorney. A Florida criminal defense lawyer will be able to make sure that your rights are protected every step of the way. They may also be able to help you get the charges lessened or dropped.

If you are in a situation where you have been arrested for marijuana law violation, we can help.Call us today for an evaluation of your case or email us your questions.

About the Author

Fred Koberlein

Fred Koberlein is a trial attorney who opened Koberlein Law Offices after acquiring extensive legal experience in three legal practice areas, which are: personal injury law; criminal defense; and local government matters which require you to appear or present your matter before your local government Boards, government Councils, and government Agencies. Mr. Koberlein began trial preparation through an externship as a legal clerk with the Judges of the Third Judicial Circuit for Florida prior to his graduation from the University of Florida, College of Law.  After law school Mr. Koberlein was dedicated to becoming a trial attorney and worked with the Public Defender's Office from 2004 to 2007, where he was promoted to handling felony cases within eight months of hire.  Mr.  Koberlein has handled over 1500 criminal cases ranging from possession of cannabis, DUI, serious felonies, white-collar crimes, violations of probation hearings, and countless motion hearings. Mr.  Koberlein began practicing in the areas of personal injury and insurance defense during 2006.  Mr. Koberlein's experience in prosecuting personal injury claims against those insurance companies he was not representing and defending other insurance companies and their customers provided a unique experience where he was able to learn what each side anticipates from the opposing party.Next, Mr. Koberlein was hired by a City to defend the City's interests and three additional Cities quickly followed and retained Mr. Koberlein to protect their interests.  Currently, Mr. Koberlein represents a total of four (4) municipalities in the North Florida area.  As Mr. Koberlein focused on civil litigation he remained passionate about representing individuals charged with misdemeanor and felony crimes as well as civil litigation issues. Mr.  Koberlein has the experience and reputation to negotiate a favorable resolution in your matter, and if that is not possible, to provide the best, most zealous trial representation available.  Utilizing competent and trusted investigators and experts, your case will be prepared so that the best result will be achieved.  If you or a loved one is hurt, damaged, or is facing criminal charges, you want a qualified, hard-working attorney who will explain your options to you in a straightforward, commonsense, and honest manner. Education and Practice Experience: University of Florida; Gainesville, Florida; Bachelor of Science, 1997 University of South Florida; Tampa, Florida; 1998 University of Florida, College of Law; Gainesville, Florida; 2003 Bar and Court Admissions: Florida Bar, 2004 – Present All 67 Counties in Florida All 20 Circuits in Florida U.S. District Court, Middle District of Florida U.S. District Court, Northern District of Florida Professional and Civic Activities: Florida Bar Trial Lawyers, 2007 – Present Florida Bar Business Law Section, 2007 – Present Florida Bar Criminal Law Section, 2004 – Present Florida Association of Criminal Defense Lawyers, 2004 – Present Third Judicial Bar Association, 2004 – Present Mr.  Koberlein is committed to his clients and devotes himself to protecting their interests from the beginning to the end of their case.  Mr. Koberlein has spent his career helping clients defend themselves against criminal charges, fight insurance companies, and proceed through the bureaucratic process of local governments.  Mr. Koberlein welcomes the opportunity to meet with you and evaluate your legal needs and provide you with an experienced and competent analysis.


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