Florida permits medical cannabis for qualified patients, but recreational possession remains illegal. For a non-medical user, any encounter confirming unlawful possession is handled under Florida’s controlled-substances code rather than the medical statute. Officers may arrest on probable cause without a warrant, and prosecutors charge based on weight and form.

Possession up to 20 grams

Holding 20 grams or less of cannabis is a first-degree misdemeanor. Exposure includes up to 1 year in county jail, a fine up to $1,000, probation, and court costs. Judges may also order drug evaluation or education as conditions of probation.

More than 20 grams—or concentrates

Once the amount exceeds 20 grams, possession is charged as a third-degree felony, punishable by up to 5 years in state prison and a $5,000 fine. Florida law also treats THC “resinous extracts” (oils, wax, vape cartridges, many edibles) as tetrahydrocannabinols separate from “cannabis,” so even small amounts of concentrates are prosecuted as felonies.

Paraphernalia and collateral penalties

A separate first-degree-misdemeanor count can be filed for possessing pipes, grinders, or other “drug paraphernalia,” and delivery of paraphernalia to a minor is a felony. A conviction for any Chapter 893 drug offense can also trigger a driver-license suspension under state licensing rules; hardship privileges may be available, depending on history.

Aggravating scenarios

Delivery of 20 grams or less without payment remains a first-degree misdemeanor, but allegations of sale, possession with intent, or cultivation can escalate exposure. Trafficking begins when the amount exceeds 25 pounds of cannabis or 300 plants and carries mandatory minimum prison terms and fines—for example, three years and a $25,000 fine at the lowest tier. Driving while impaired by cannabis violates Florida’s DUI statute and can result in jail time, fines, and additional license consequences when injuries or priors are involved.

Process and outcomes

First-time misdemeanor defendants in some circuits may be offered pretrial diversion; successful completion can lead to dismissal. If a case is dismissed or results in a withhold of adjudication on an eligible offense, record relief may be possible through Florida’s sealing or expungement procedures—each with specific eligibility requirements and disqualifying offenses.

Bottom line

Non-medical possession in Florida still brings criminal exposure. Under 20 grams is a misdemeanor; more than 20 grams—or any THC concentrate—is a felony; paraphernalia and licensing rules add further risk; and trafficking and DUI laws carry severe, sometimes mandatory, consequences. Anyone cited or arrested should consult counsel promptly to evaluate defenses (such as lack of knowledge or unlawful search), diversion options, and the best path to protect employment, immigration status, and driving privileges.

Practicalities at the scene

Officers consider total circumstances: odor, packaging, admissions, and whether the amount suggests personal use or sale. Consenting to a search is voluntary; declining consent is lawful, though officers may search with probable cause or exceptions. Claiming medical use without being a registered patient offers no defense, and possessing someone else’s medical cannabis can be charged. Hemp products complicate matters because lawful hemp must contain less than 0.3% delta-9 THC; field tests are imperfect, so labs often decide the charge.