Drug Remains Illegal - Marijuana Laws Florida Summary

Florida Marijuana
Laws Summary 

The Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Until the law changes, there is essentially no medical marijuana and there is no legal way to use marijuana absent a Compassionate Use Card issued upon recommendation of a doctor. 

Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. Even after the law on medical marijuana changed, the drug remains a controlled substance under both State and Federal laws.

Possession:

20 g or less Misdemeanor 1 year $1,000

More than 20 g Felony 5 years $5,000

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 MinMan* $25,000

2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000

10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000

Within 1,000 feet of school or other Felony 15 years $10,000

Other Penalties:

Paraphernalia possession misdemeanor 1 year $1,000

Any conviction causes driver's license suspension for 6 months to 2 years.

Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.

Florida 893.135 Marijuana Minimum Mandatory Sentences

Florida law on Marijuana provides minimum mandatory sentences that begin at 25 pounds and 2000 plants. Continue higher when 10,000 pounds or 10,000 plants are alleged and proven. If someone knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of: 

25 - 2000 lbs. or 300-2000 plants 3 years, $25,000 fine

2000 - 10,000 or 2000 -10,000 plants 7 years, $50,000 fine

10,000 lbs. or 10,000 plants 15 years, $200,000 fine

Post by Tampa Drug Attorney.

Florida Amphetamine or Methamphetamine Minimum Mandatory Law

Florida Statute § 893.135  Amphetamine or Methamphetamine Minimum Mandatory Sentences

Florida laws on Amphetamine or Methamphetamine provide harsh minimum mandatory sentences that kick-in at 14 grams. The stakes become higher when 28 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. A 15 year minimum prison sentence is possible at 200 grams.

The United States Code also provides harsh sentences for trafficking in this controlled substance. At 50 grams a life sentence is possible for certain defendants.See 21 USC §§ 841(a), 841(b)(1)(A); § 2D1.1  for more information.

Amphetamine or methamphetamine	14 – 28 grams	3 years, $50,000 fine
	28 – 200 grams	7 years, $100,000 fine
	200+ grams	15 years, $250,000 fine

Florida Cocaine Minimum Mandatory Law

Florida Statute § 893.135  Cocaine Minimum Mandatory Sentences The Florida Statutes on Cocaine provide harsh minimum mandatory sentences that kick-in at 28 grams. The stakes become higher when 400 grams or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of Cocaine: Drug Amount                          Mandatory Minimum Sentence & Fine 28 - 200 grams                          3 years, $50,000 fine 200 - 400 grams                        7 years, $100,000 fine 400 grams – 150 kilograms        15 years, $250,000 fine

Florida Marijuana Minimum Mandatory Law

Florida Statute § 893.135  Marijuana Minimum Mandatory Sentences

The Florida Statutes on Cannabis and Marijuana provide harsh minimum mandatory sentences that kick-in at 25 pounds and 2000 plants. The stakes become higher when 10,000 pounds or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of:	Amount	Mandatory Minimum Sentence
Quantity of Marijuana	25 - 2000 lbs. or 300-2000 plants	3 years, $25,000 fine
	2000 - 10,000 or 2000 -10,000 plants	7 years, $50,000 fine
	10,000+ lbs. or 10,000 plants	15 years, $200,000 fine