Florida Marijuana Laws

Miami beach

In recent years, more and more states have legalized some form of medical and recreational marijuana. While medical cannabis is legal in Florida, recreational marijuana is not. 

According to state law, qualified patients who are diagnosed with cancer, glaucoma, epilepsy, PTSD, Parkinson’s disease, Crohn’s disease, and other conditions are eligible for medical marijuana. Medical marijuana patients can obtain up to 2.5 ounces of flower cannabis every 35 days. 

On the other hand, possession of cannabis without a medical marijuana card is illegal. Possession or sale of 20 grams of pot or less is a first-degree misdemeanor offense, punishable by a maximum one-year jail sentence and a fine not exceeding $1,000.  

Possession of between more than 20 grams and 25 pounds (or less than 25 plants) is a felony, punishable by a third-degree felony, which carries a prison term of up to five years and a maximum fine of $5,000. Possession of marijuana concentrates such as hash or oils is also a third-degree felony. 

Fortunately, certain counties within Florida have decriminalized the possession of small amounts of pot. For instance, Miami-Dade County commissioners approved a plan to allow county police to issue a civil citation of up to $100 for possession of up to 20 grams of marijuana. 

As far as federal laws, cannabis is still a Schedule I substance, according to the Controlled Substances Act. Schedule I substances have no medicinal value and a high potential for abuse, even though 33 states say otherwise. 

If you or a loved one has been arrested for a drug crime in Miami, contact the Law Office of Armando J. Hernandez, P.A. today at (305) 400-0074 and request a free case review. We are available 24/7.