The Drug Remains Illegal absent a Compassionate Use Card issued upon recommendation of a doctor. With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Until the law changes, there is essentially no medical marijuana and there is no legal way to use marijuana absent a Compassionate Use Card issued upon recommendation of a doctor.
Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the court, the prosecutor or a Jury. Even after the law on medical marijuana changed, the drug remains a controlled substance under both State and Federal laws.
20 g or less Misdemeanor 1 year $1,000
More than 20 g Felony 5 years $5,000
Sale or Cultivation:
Delivery of 20 g or less Misdemeanor 1 year $1,000
25 lbs or less Felony 5 years $5,000
25 to 2,000 lbs (or 2,000 plants) Felony 3 years MinMan* $25,000
2,000 to 10,000 lbs (or 10,000 plants) Felony 7 years Min Man* $50,000
10,000 lbs (or 10,000 plants) or more Felony 15 years MinMan* $200,000
Within 1,000 feet of school or other Felony 15 years $10,000
Paraphernalia possession misdemeanor 1 year $1,000
Any conviction causes driver’s license suspension for 6 months to 2 years.
Any sale or delivery occurring within 1,000 feet of a specified location is punishable by up to 15 years in prison and a fine of $10,000.
Florida 893.135 Marijuana Minimum Mandatory Sentences
Florida law on Marijuana provides minimum mandatory sentences that begin at 25 pounds and 2000 plants. Continue higher when 10,000 pounds or 10,000 plants are alleged and proven. If someone knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of:
25 – 2000 lbs. or 300-2000 plants 3 years, $25,000 fine
2000 – 10,000 or 2000 -10,000 plants 7 years, $50,000 fine
10,000 lbs. or 10,000 plants 15 years, $200,000 fine