Possession of Marijuana in Florida FAQs – Felony or Misdeameanor


Possession of marijuana in Florida remains illegal, and oftentimes leads to either a felony or misdemeanor.

Despite recent legalization of marijuana in Washington and Colorado, laws banning simple possession of marijuana in Florida remain firmly in place. Florida law enforcement officers continue to be aggressive in their investigation and prosecution of marijuana possession. An arrest and conviction of possession of marijuana in Florida can have some very serious consequences for your future.

  • If you’re arrested for being in possession of more than 20 grams of marijuana, you can be charged with a third degree felony in Florida—a maximum punishment of 5 years in a Florida State Prison.
  • If you’re arrested for being in possession of less than 20 grams of marijuana, you’ll be charged with a misdemeanor in Florida—a maximum sentence of one year in a county jail. However, if you’re a first time misdemeanor offender, the punishment is usually a fine and possibly a short period of probation.

The dangerous part about being charged with a misdemeanor is that the prosecutor could ask for Adjudication of Guilt. Adjudication of Guilt means that as the defendant, you are convicted as guilty. If you are convicted guilty of a misdemeanor marijuana case in Florida, you’ll lose your driver’s license for two years.

Unfortunately, the judge and the prosecutor can’t do much if adjudication occurs because the Florida Department of Motor Vehicles will suspend your driver’s license on its own.

However, an experienced criminal defense lawyer can help you avoid this adjudication and work to have your case dropped or have the adjudication withheld.

Please refer to the FAQs below, and email me at Jeremiah@JeremiahDAllen.com if you have any other questions.

Frequently Asked Questions about Possession of Marijuana in Florida

When are you most likely to be arrested and charged for Possession of Marijuana in Florida?  You are mostly to be arrested for possession of marijuana if you are traveling with the drug in your automobile. The police normally stop drivers for small traffic infractions, such as running a stop sign, and then the police officer smells marijuana and can search the vehicle.

In most circumstances, the police won’t be allowed to enter your home to investigate a misdemeanor possession of marijuana charge unless they have a search warrant or you invite them in and give them permission to search your home.

How long will I be on probation if I am convicted of Possession of Marijuana in Florida?
The maximum time that you can be on probation for a misdemeanor is one year. Your criminal defense attorney can work to prevent you from being on probation.

If I am convicted of Possession of Marijuana and my license is suspended for two years, can I apply for a Hardship License?
Florida Statute 322.05 states that a person can apply for a restricted license (also called a hardship license), or unrestricted driver’s license, 6-months after the drug conviction. Please note that this rule applies to all drug charges and not only marijuana charges in Florida.

Here is a link to the Florida Statute: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0322/Sections/0322.055.html

If you have additional questions about your case. Please call me at my office in Orlando,Florida at (407)415-9626 or email me at Jeremiah@JeremiahDAllen.com