There is a popular push by people in several states to make the use of marijuana legal as a treatment for certain chronic and/or terminal conditions. Not quite as popular, but still present, is a push to legalize it completely for over the counter sale. At present, a few states have passed laws allowing doctors to prescribe for specific conditions and its sale under tight controls. Florida is not on this list. Therefore, before entering the state with pot, one should know the cannabis laws in Florida.
Marijuana related charges are progressive in severity and punitive sentencing. At the lowest level, possession of 20 grams or less is a misdemeanor. Possession of paraphernalia, such as pipes, bongs, etc. Is also a misdemeanor and can be added to the drug charge. Each carries a sentence of up to a year in jail and/or a thousand dollar fine. Delivery of less than 20 grams without receiving payment falls into this class as well.
Delivering more than 20 grams but less than 25 plants (pounds), selling any amount up to 25 plants (pounds), and possession of 20 grams to 25 plants (pounds) are all felonies. Each can be punished by a 5 year prison sentence and/or a 5000 dollar fine.
Growing or selling any amount of cannabis in close proximity to schools, parks, daycare centers, and other places where children are likely to gather can, and usually does, result in 15 years in prison and a 10,000 dollar fine. Possession of more than 24 plants (pounds) of marijuana carries the same penalty. Judges almost always hand out maximum sentences when schools and children are endangered.
One is considered to be trafficking in illegal substances if he/she grows or sells more than 25 pounds (plants). The state has established minimum mandatory sentences for any trafficking conviction. This means that judges have no latitude whatsoever in setting sentences. Even offenders who ultimately help authorities catch large traffickers will face the minimum sentences.
The minimum sentence for 25 plants up to 2000 plants (pounds)is 3 years in prison and up to a 25,000 dollar fine. 2000 to 10,000 plants (pounds) is punishable by not less than 7 years in prison and a 50,000 dollar fine. The minimum sentence possible for amounts of marijuana in excess of 10,000 plants (pounds) is 15 years in prison and a 200,000 dollar fine.
One will lose his/her driver’s license to suspension for a period of not less than 6 months nor more than 2 years if convicted of any drug related charge. This includes misdemeanor possession as well as the various felonies. This is in addition to any other punishments handed out by the court system for the various charges.
One can now obtain a prescription from a doctor for marijuana to treat certain conditions in a few states. Florida is not one of these states. Knowing the cannabis laws in Florida is is important to anyone considering carrying the drug into the state or growing it there. Anyone convicted of trafficking in pot will face certain minimum mandatory prison sentences and monetary fines. Judges have no leeway in sentencing these offenders. Jason@TrafficTicketTeam.com, www.TrafficTicketTeam.com, 954-967-9888Jason Diamond, Esq. is the Founding Lawyer Partner of the Traffic Ticket Team. His Attorneys have over 50 years of combined experience and have handled over 1,000,000 Florida traffic tickets. As Traffic Ticket Lawyers we have given traffic ticket legal clinic seminars throughout Florida. To find Attorney locations, click HERE. Our traffic tickets are defended in Miami-Dade, Broward & Palm Beach counties and we also fight traffic tickets statewide.