Florida Marijuana Laws - Cannabis Legal Status in Florida
mandatory
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|
Incarceration |
Fine |
| Possession | |||
| 20 g or less | misdemeanor | 1 year | $1,000 |
| More than 20 g | felony | 5 years | $5,000 |
| 25 or more plants (formerly 300 plants) | felony | 15 years | $10,000 |
| Sale or Cultivation | |||
| Delivery of 20 g or less | misdemeanor | 1 year | $1,000 |
| 25 lbs or less | felony | 5 years | $5,000 |
| 25 to 2,000 lbs (or 2,000 plants) | felony | 3 years MMS* | $25,000 |
| 2,000 to 10,000 lbs (or 10,000 plants) | felony | 7 years MMS* | $50,000 |
| 10,000 lbs (or 10,000 plants) or more | felony | 15 years MMS* | $200,000 |
| Within 1,000 feet of school, college, park or other specified areas | felony | 15 years | $10,000 |
| *Mandatory minimum sentence. | |||
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) | |||
| Paraphernalia possession | misdemeanor | 1 year | $1,000 |
| Any conviction causes driver's license suspension for 6 months to 2 years. | |||
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Under the new law, possession of 25 or more plants (formerly 300 plants) is prima facie evidence of intent to sell or distribute, and is a second degree felony carrying a maximum penalty of 15 years in jail and a $10,000 fine. Possession of 20 grams or less of marijuana is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Possession of greater than 20 grams of marijuana is a felony, punishable by up to five years in prison and a fine of up to $5,000. The delivery of 20 grams or less of marijuana for no consideration is a misdemeanor and is punishable by up to one year in jail and a fine of up to $1,000. Sale, delivery or cultivation of any other amount up to 25 pounds is a felony and punishable by up to five years in prison and a fine of up to $5,000. Sale, delivery or cultivation of greater than 25 pounds is considered trafficking, and all trafficking offenses have mandatory minimum sentences. For less than 2,000 pounds or less than 2,000 plants, there is a mandatory minimum sentence of three years and a fine of $25,000. For less than 10,000 pounds or less than 10,000 plants there is a mandatory minimum sentence of seven years and a fine of $50,000. For 10,000 pounds or 10,000 plants or greater, the mandatory minimum sentence is 15 years in prison and a fine of $200,000. Any sale or delivery occurring within 1,000 feet of a school, college, public park, public housing, daycare center, or church is punishable by up to 15 years in prison and a fine of $10,000. The possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine of up to $1,000. Conviction of a drug related offense also requires suspension of the offender's driver's license for at least six months but not longer than two years. |
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Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
Continue reading here: Federal Marijuana Laws
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