Florida still criminalizes any possession, use or sale of cannabis for recreational purposes. Possession of fewer than 20 grams is a misdemeanor punishable by up to one year in prison and a $1,000 fine. Even giving someone a small amount of cannabis and receiving nothing in return is a misdemeanor that could be punished with jail time.
The penalties become increasingly severe for people convicted of selling cannabis or of possessing larger amounts. For example:
- Selling cannabis (outside of the state’s medical cannabis program) is a felony that could lead to a five-year prison sentence.
- Selling, possessing or delivering cannabis within 1,000 feet of a school, a park, or certain other areas is punishable by up to 15 years in prison.
- Possession of more than 20 grams is a felony that can be punished with a five-year prison sentence. Possession of any amount within 1,000 feet of a park, school or other specified area is also a felony.
Municipalities across Florida have moved in recent years to reduce the legal consequences of minor cannabis offenses. Tampa, Fernandina Beach, Miami Beach, Hallandale Beach and Miami-Dade County, among other locations, now punish certain cannabis offenses with citations and fines instead of criminal charges and possible jail sentences. This approach only applies to small amounts of cannabis — the consequences are more serious for larger amounts and repeat offenses.