Equal Medicine Organization
US Dispensary
Equal Medicine Organization - Florida Marijuana Law & Regulation

Florida Marijuana Law

Florida Marijuana Law

Penalty Details

Possession

Possession of 20 grams or less of cannabis is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of more than 20 grams of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of more than 25 pounds – 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

Any person who is knowingly in active or constructive possession of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

Any person who is knowingly in active or constructive possession of 10,000 pounds of cannabis or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

See

  • Florida Criminal Code § 893.13(h)(3)
  • Florida Criminal Code § 893.03)(1)(c)(7)
  • Florida Criminal Code § 893.135 
  • Florida Criminal Code § 775.082(a)

Sale/Delivery

The delivery of 20 grams or less without remuneration is a misdemeanor punishable by a maximum sentence of 1-year imprisonment and a maximum fine of $1,000.
The sale of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
The sale of more than 25 pounds- less than 2,000 pounds of cannabis (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

The sale of 2,000 pounds – less than 10,000 pounds of cannabis (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

The sale of 10,000 pounds or more of cannabis is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery of cannabis within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

See

  • Florida Criminal Code § 893.13
  • Florida Criminal Code § 893.03(c)(35)
  • Florida Criminal Code § 893.13
  • Florida Criminal Code § 893.135
  • Florida Criminal Code § 775.082(a)
  • Florida Criminal Code § 775.083(1)

Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See

  • Florida Criminal Code § 893.03(1)(c)

Possession of hashish or concentrates is a felony in the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

See

  • Florida Criminal Code § 893.13(6)(b) 
  • Florida Criminal Code § 775.083(1)(c), (d) 
  • Florida Criminal Code § 775.082(3)(d)
  • Florida Criminal Code § 775.082(4)(a) 

Possessing more than 3 grams of hash, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is a felony of the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

The offense is charged as a felony of the second degree if the offense occurred:

 

  • Within 1,000 feet of a child care facility between 6 A.M. and 12 midnight;
  • Within 1,000 feet of a park or community center;
  • Within 1,000 feet of a college, university or other postsecondary educational institute;
  • Within 1,000 feet of any church or place of worship that conducts religious activities;
  • Within 1,000 feet of any convenience business;
  • Within 1,000 feet of public housing;
  • Within 1,000 feet or an assisted living facility.

A felony of the second degree is punishable by a term of imprisonment no greater than 15 years and a fine no greater than $10,000.

See

  • Florida Criminal Code § 893.13(1)(a)(2) 
  • Florida Criminal Code § 893.13 
  • Florida Criminal Code § 775.083(1)(b), (c) 
  • Florida Criminal Code § 775.082(3)(c), (d)
  • Rutherford v. State, 386 So.2d 881 (Fla. 1980)

Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.

See

  • Florida Criminal Code § 893.145

Paraphernalia

Possession of drug paraphernalia is a misdemeanor in the first degree, punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.

See

  • Florida Criminal Code § 775.083 
  • Florida Criminal Code § 893.145
  • Florida Criminal Code § 893.145 
  • Florida Criminal Code § 893.147 

Miscellaneous

Conviction causes a driver’s license suspension for a period of 1 year.

See

  • Florida Criminal Code § 322.055
  • Florida Criminal Code § 322.056
DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. 

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see: Medical Use.

MEDICAL CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Florida Drugged Driving

In Florida, a person is guilty of a DUI if he or she is driving under the influence of any controlled substance to the extent that the person’s normal facilities are impaired. Fla. Stat. Ann. § 316.293 (1)(a) (West 2010). Such normal facilities include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and in general, normally perform the many mental and physical activities of daily life. Id. § 316.1934 (1).

Implied Consent

  • Any person operating a motor vehicle within Florida is deemed to have given his or her consent to submit to a urine and/or blood test for the purpose of detecting the presence of chemical and controlled substances. Id. § 316.1932 (1).
  • Refusal to submit to testing is a first-degree misdemeanor and can be punished with up to one year in jail. Id. § 775.082(4)(a).
  • Operating privileges suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months. Id. § 316.1939(1).
  • If the death or serious bodily injury results, a chemical test is required, and an officer may use reasonable force if necessary to obtain a blood sample if the driver refuses. Id. § 316.1933 (1)(a).
  • The results of any of these tests shall be admissible as evidence in a criminal prosecution, except for the prosecution for possession of a controlled substance. Id. § 316.1932 (1)(a)(1)(b); Id. § 316.1932 (1)(a)(1)(b), (c).
  • The driver may request a formal or informal review of the suspension by the department within 10 days of after the date of the suspension. Id. § 316. 2615 (1)(b)(3).

Penalties

  • First offense – fine of $500 to $1,000; jail for up to 6 months; license suspension of 180 days to 1 year; 50 hours community service (or possible buyout at $10/hour); 10 day vehicle impoundment/immobilization. Id. § 316.193(2)(a).
  • Second offense – fine of $1,000 to $2,000; jail for up to 9 months; mandatory ignition interlock; license suspension of 180 days up to 1 year; mandatory 1 year probation; psychosocial evaluation required; 50 hours of community service (or possible buyout at $10/hour); 10 day vehicle impoundment/immobilization. Id. § 316.193(3).
  • Third offense – Fine of $2,000 to $5,000; jail up to 12 months; mandatory ignition interlock; license suspension of 1 year; mandatory 1 year probation; psychosocial evaluation required; 50 hours community service (or possible buyout at $10/hour); and 90 day vehicle impoundment/immobilization. Id. § 316.193(3)(b)(2).
  • Third offense (w/i 10 years of second) felony – minimum fine of $2,000, up to $5,000; jail for a period of 30 days to 5 years; mandatory ignition interlock; 10 year mandatory license suspension; mandatory 1 year probation; psychosocial evaluation; 50 hours community service (or possible buyout at $10/hour); and 90 day vehicle impoundment/immobilization. Id. § 316.193(3)(b)(1).
  • Fourth offense 3rd degree felony – penalties of up to $5,000 in fines; 5 years in prison, as well as penalties imposed for third offense. Id. § 316.193.

Other Penalties & Penalty Enhancers

  • DUI which causes damage to the property or person of another commits a misdemeanor of the first degree. Id. 193(3)(c)(1).
  • DUI which causes serious bodily injury to another is a felony of the third degree. Id. § 316.193(3)(c)(2).
  • DUI which causes the death of any human being or unborn quick child is a second degree felony. Id. § 316.193(3)(c)(3).

Sobriety Checkpoints

Florida allows law enforcement officials to conduct roadblocks under the Federal Constitution.

  • Warrantless temporary roadblock established to find persons driving under the influence, which randomly stops automobiles, can produce constitutionally permissible arrests. State v. Jones, 483 So. 2d 433 (1986).
  • A checkpoint is deficient under Jones if it lacks written guidelines, especially with regard to the method for choosing which vehicles are to be stopped. Campbell v. State, 679 So.2d 1168 (1996)
  • A delay of less than five minutes per driver was found to be permissible. Cahill v. State, 595 So.2d 258 (Fla. App. 4 Dist. 1992).

Case Law

Shaw v. State, 783 So.2d 1097 (2001) — In prosecution for driving under the influence (DUI), state was required to prove that defendant’s faculties were “impaired,” rather than merely “weakened.”

Sabree v. State, 978 So.2d 840 (2008) — Simply having a drug in the system is legally insufficient to convict defendant of driving while intoxicated (DUI) manslaughter and DUI serious bodily injury, because the state is required to prove beyond a reasonable doubt that defendant was “under the influence” of cocaine.

State v. Tagner, 673 So.2d 57 (1996) – Necessary elements of driving under the influence include actual physical control of vehicle, that defendant was under influence of a controlled substance, and that defendant was affected to extent that his normal faculties were impaired.

State v. Sercey, 825 So.2d 959 (2002) – Prosecution may prove impairment by a controlled substance by using evidence of the presence of the controlled substance in the defendant’s body and/or other evidence of impairment, including erratic driving and the fact that an accident occurred.

Florida Hemp Law

Year Passed: 2017

Summary: SB 1726 was enacted on June 16, 2017 and directs the Department of Agriculture and Consumer Services to authorize and oversee the development of industrial hemp pilot projects at certain universities. Commercialization projects may be allowed after two years with certain conditions. Authorizes the universities to develop pilot projects in partnership with public, nonprofit, and private entities. Requires a university to submit a report within two years of establishing a pilot program.

Florida CBD-Specific Marijuana Law

Status

 

CBD Specific

Law Signed:

 2014

QUALIFYING CONDITIONS

  • Cancer
  • Muscle spasms
  • Seizures
  • Terminal illness (patients diagnosed with no more than 12-months to live)

PATIENT POSSESSION LIMITS

State-qualified patients, except in cases where those are diagnosed with a terminal illness, may possess cannabis strains containing ten percent or more of CBD and no more than eight-tenths of one percent of THC. Terminally ill patients may possess strains higher in THC, but these strains must be obtained from a state-licensed producer/dispensary.

HOME CULTIVATION

No

STATE-LICENSED DISPENSARIES

Yes, up to five facilities to dispense high-CBD strains to state-qualified patients.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes, home delivery from state-licensed dispensaries is also permitted.

CAREGIVERS

No

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

No

 

EQUAL MEDICINE ORGANIZATION - Marijuana ALS Amyotrophic Lateral Sclerosis Treatment cures medical marijuana thc cannabis cbd