Whether it’s for recreational or medicinal purposes, many states throughout the country have legalized some form of marijuana. In 2016, Florida voters passed Amendment 2 which enables those suffering from certain types of medical conditions (e.g. cancer, PTSD, ALS, HIV/AIDS, glaucoma, epilepsy, etc.) to use medical cannabis. However, recreational use and sale of pot are still considered illegal in the Sunshine State.
If a person is found to be possession of under 20 grams of marijuana without a valid prescription, it is a first-degree misdemeanor which carries a maximum jail sentence of one year and a fine of up to $1,000. Possession between 20 grams and 25 pounds, or under 300 plants, is a third-degree felony, resulting in a prison term of up to five years and a maximum fine of $5,000.
More than 25 pounds but less than 2,000 pounds is considered trafficking, which is a second-degree felony punishable in a maximum prison sentence of 15 years—with a mandatory minimum sentence of three years—and a fine of up to $25,000. More than 2,000 pounds but less than 10,000 pounds is a first-degree felony that carries a prison term of up to 30 years—with a mandatory minimum sentence of seven years—and a maximum fine of $50,000. If the amount is more than 10,000 pounds, the mandatory minimum sentence for the 30-year prison term is 15 years and the maximum fine is $200,000.
Hash or concentrates of cannabis are Schedule I controlled substances in Florida. Possession of these narcotics is a third-degree felony offense.
It is also illegal to possess drug paraphernalia, such as pipes and bongs. Possession of drug paraphernalia is a misdemeanor offense.
If you have been arrested or charged with a marijuana-related crime in Florida, Tinny, Meyer & Piccarreto, P.A. is committed to protecting your rights and future. With more than 35 years of experience, our Clearwater criminal defense lawyers can review your case, determine if there are any weaknesses in the prosecution’s case, and build an effective defense strategy to get the best results possible.
For more information about Florida cannabis laws, contact us and schedule a consultation today.