Thomas C. Grajek | November 18, 2025 | Drug Crimes
Florida has not legalized recreational marijuana, and possession is still a criminal offense under state law. The penalties you’ll face if you’re convicted depend mainly on how much cannabis you are accused of having. Possessing 20 grams or less is typically a misdemeanor, while amounts exceeding that can result in a felony charge.
However, additional factors, such as where the offense happened and whether police claim the marijuana was packaged for sale, can also affect the potential consequences. As these cases can move quickly and carry lasting consequences, it is helpful to understand the basics of Florida’s marijuana laws and your rights.
How Florida Defines Marijuana Possession
Under Florida Statutes § 893.13 and § 893.03, marijuana remains a Schedule I controlled substance.
Possession can be charged in two ways:
- Actual possession, meaning the marijuana was on your person
- Constructive possession, meaning the marijuana was somewhere you had control over, such as a car or shared residence
In constructive possession cases, prosecutors must prove you knew the marijuana was present and that you had the ability to control it. These cases often hinge on small details, and the state’s heavy burden of proof could give your defense lawyer room to fight back.
Misdemeanor vs. Felony Possession in Florida
Florida divides marijuana possession offenses by the amount involved. If police allege 20 grams or less, the charge is a first-degree misdemeanor. Penalties can include up to one year in jail, fines of up to $1,000, and court-ordered probation.
If the amount is more than 20 grams, the case becomes a third-degree felony. A conviction can lead to up to five years in prison, fines of up to $5,000, and a permanent felony record that has serious collateral consequences as well.
Trafficking laws apply when the quantity reaches 25 pounds or 300 plants. At that point, the case is no longer simple possession; it triggers Florida’s mandatory minimum prison sentences, which increase sharply as the amount goes up.
Other Factors That Can Impact Your Case
While the amount you’re accused of possessing is the biggest factor, your situation can be influenced by other considerations as well.
These include:
- Possession near a school, park, and childcare facility
- Possession with intent to sell
- Drug paraphernalia charges
- Whether you have any prior convictions
That said, officers and prosecutors sometimes overcharge these cases. This could make hiring a criminal defense attorney even more important than it otherwise would be so that you aren’t taken advantage of.
Defenses You Can Raise in Response to Marijuana Possession Charges
Florida marijuana cases rely heavily on the legality of the stop, search, and seizure. If any step in the process violated your rights, key evidence against you may be excluded.
Some of the most common defenses include:
- Illegal traffic stop and detention
- Unlawful search of your home and vehicle
- Lack of knowledge that marijuana was present
- Lack of control over the area where it was found
- Laboratory issues with substance testing
- Violations of your constitutional rights during questioning
In many cases, your defense lawyer does not actually need to prove your innocence outright. Instead, they only need to show that prosecutors cannot prove every required element of your charges beyond a reasonable doubt.
Medical Marijuana and Misunderstandings
Florida does allow the use of medical marijuana, but only for qualified patients with a valid Medical Marijuana Use Registry card. You must purchase marijuana from a licensed dispensary and follow all of the applicable regulations. For instance, keeping more than your allowed supply and possessing unapproved forms of cannabis can still lead to criminal charges regardless of whether you are a valid patient.
Contact the Lakeland Drug Crimes Lawyers at Grajek Criminal Defense Attorneys for Help Today
If you’ve been accused of marijuana possession in Florida, Grajek Criminal Defense Attorneys can help protect your rights. Please contact the Lakeland drug crimes attorneys at Grajek Criminal Defense Attorneys for a free consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Grajek Criminal Defense Attorneys
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606