Possession of Marijuana (less than 20 grams) under Florida law - Misdemeanor Offense:
Marijuana (also known as cannabis, weed or pot) is the most commonly used illicit drug in the State of Florida and in the United States. The simple possession of marijuana / cannabis is a misdemeanor that carries a sentence of up to 12 months in jail. Despite the fact that marijuana use is common, the penalties for possession of marijuana are harsh particularly in Hillsborough and Pinellas County, Florida. Regardless of whether adjudication is withheld or not, a possession of marijuana / cannabis sentence can haunt you even after you have finished serving the probationary term in Florida.
First Offense for Possession of Marijuana under Florida law:
Even for a first offense of possession of cannabis, prosecutors typically ask for 12 months probation, a series of random urine screens, community service hours, and court costs and fines. Many people charged with possession of marijuana do not realize how expensive and time consuming it will be to complete the probationary terms. In those cases where all of the conditions are not met within the time allotted, a violation of probation will result in an arrest warrant being issued, possibly without a bond amount being set.
Drivers License Suspension in Florida for any drug offense, including marijuana
If you are convicted of possession of marijuana / cannabis, an automatic and immediate two (2) year suspension of your driver's license (with a hard suspension during the first year before you are even eligible to apply for a business purpose only or hardship license).
Possession of Marijuana / Cannabis Less than 20 grams - First Degree Misdemeanor punishable by a $1,000 fine and up to 12 months in the county jail. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for a period of two years.
Felony Offenses for Cannabis under Florida law:
Possession of Marijuana / Cannabis more than 20 grams - Third Degree Felony punishable by a $5,000 fine and up to five (5) years in Florida State Prison. If you are adjudicated guilty of the offense, then your driver's license will be automatically and immediately suspended for a period of two years.
Cultivation of Marijuana / Cannabis - Under Florida law, Section 893.13(1)(a) governs the offense of cultivation of marijuana, which is a third degree felony punishable by up to five years in Florida State Prison.
New Florida Law for Marijuana Grow House -
Under the recently passes "Marijuana Grow House Eradication Act" (HB173/SB390), now Florida Statute Section 893.1351, a "grow house" can include any place where 25 plants or more are present because the statute provides a presumption that "[f]or the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution."
