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Jenny Bloom

January 14, 2019

The Florida CBD-Specific Marijuana Law allows qualifying patients to use cannabis to treat symptoms. Most patients are allowed to possess strains of marijuana containing at least 10% CBD, with no more than 8/10 of 1% of THC. Patients diagnosed with terminal illnesses may possess strains of cannabis with higher levels of THC.

Florida’s medical CBD law allows patients to use cannabis extracts with low THC and high CBD levels to treat debilitating conditions related to epilepsy. All marijuana strains and cannabis extracts must be purchased from a Florida state licensed dispensary or producer. This state also allows home delivery of medical marijuana from state-licensed dispensaries for qualifying patients.

Possessing Marijuana in Florida

It’s a crime for a person not participating in the medical marijuana program to possess cannabis in the State of Florida. These cannabis possession crimes are penalized as follows:

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  • Under 20 grams = Misdemeanor: Fine up to $1,000 and up to 1-year imprisonment
  • Over 20 grams = Felony: Fine up to $5,000 and up to 5 years’ imprisonment
  • Knowingly possessing under 25 pounds = Felony: Fine up to $5,000 and up to 5 years in prison
  • Knowingly possessing between 25 to 2,000 pounds = Felony: Fine up to $25,000 and up to 3 years in jail
  • Knowingly possessing between 2,000 to 10,000 pounds = Felony: Fine up to $50,000 and mandatory sentence of 7 years’ prison time
  • Knowingly possessing over 10,000 pounds = Felony: Fine up to $200,000 and a mandatory minimum sentence of 15 years, to up to 30 years in prison

Selling Marijuana in Florida

All marijuana purchased within the State of Florida must be made at a state-licensed medical cannabis dispensary. All delivery and sales of marijuana are illegal and punishable as follows:

  • Deliver under 20 grams without compensation = Misdemeanor: Fine up to $1,000 and up to 1 year in jail
  • Sale under 25 pounds = Felony: Fine up to $5,000 and up to 5 years’ incarceration
  • Sale between 25 to 2,000 pounds = Felony: Fine up to $25,000 and mandatory minimum sentence of 3 years, to up to 15 years’ imprisonment
  • Sale between 2,000 to 10,000 pounds = Felony: Fine up to $50,000 and mandatory minimum sentence of 7 years, to up to 30 years’ prison time
  • Sale more than 10,000 pounds = Felony: Fine up to $200,000 and mandatory minimum sentence of 15 years, to up to 30 years in prison

Marijuana Concentrates & Hashish

  • Deliver or sale within 1,000 feet of park, college, school or other specified area = Felony: Fine up to $10,000 and up to 15 years’ incarceration
  • Possess concentrates or hashish = Felony: Fine up to $5,000 and up to 5 years’ imprisonment
  • Possessing over 3 grams of hash or concentrates with intent to deliver, manufacture or sell = Felony: Fine up to $5,000 and up to 5 years in prison

There are special circumstances that make possession charges carry even more weight and heavier penalties and felonies of the second degree. These offenses are punishable by fines up to $10,000 and up to 15 years in prison.

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Charges fall into this category if the offense occurred within 1,000 feet of the following:

  • Community center or park
  • Religious place or worship or church
  • Public housing facility
  • Assisted living facility
  • Convenience business
  • College, university or another post-secondary educational institute
  • Child care center between 6 AM to midnight

Drug Paraphernalia

It’s a misdemeanor to possess drug paraphernalia in Florida. This crime is punishable by a fine up to $1,000 and up to 1 year in jail.

Medical Marijuana

Florida’s medical cannabis patients are allowed to possess cannabis as long as they’re qualified members of the state’s program. These patients’ medical marijuana cannot contain more than 8/10 of 1% of THC. But, they must contact at least 10% CBD.

Patients who have been given less than one year to live are considered terminally ill patients within the program. These qualifying patients may possess strains of cannabis with higher concentrations of THC.

Growing and Manufacturing Marijuana in Florida

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The State of Florida does not allow legal home cultivation of cannabis, even for medical marijuana patients. All cannabis and derivatives must be purchased from state-licensed dispensaries. Penalties for growing and manufacturing cannabis in Florida are the same as those related to marijuana possession.

Using Marijuana in Florida

It is illegal to use cannabis in Florida unless you are a qualifying patient within the state’s medical marijuana and medical CBD program known as the Florida CBD-Specific Marijuana Law. To participate in the program, the patient must get a recommendation from a physician.

This recommendation is essentially a prescription for cannabis to treat the following qualifying conditions:

  • Muscle spasms
  • Seizures
  • Cancers
  • Terminal Illnesses (patient’s given less than 12 months to live by physicians)
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These patients must make all marijuana, concentrates and hashish purchases at a medical cannabis dispensary qualified by the State of Florida. The state has been approved for up to five facilities responsible for dispensing marijuana strains high in CBD to qualifying patients. Florida allows patients to have dispensaries deliver their CBD products directly to their homes.

Breaking the Marijuana Laws in Florida

Anyone convicted of a marijuana related crime in Florida is subject to suspended driving privileges. These offenders will lose their driver’s licenses for 1 year.

A per se drugged driving law is strictly enforced in this state. Because of these laws, drivers are forbidden from operating motor vehicles while under a detectable level of cannabis or any other drug metabolite or illicit drug. If a detectable amount is found within bodily fluids, the offender is guilty of a crime.

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Florida’s strict drug laws include mandatory minimum sentences for certain offenses. In such a case, the presiding judge must sentence the offender to not one day less than the mandatory minimum, but no more than the maximum sentence for that same crime. If a prisoner is given a mandatory minimum sentence, that offender won’t be eligible for parole until the minimum has been served.

 

Marijuana legislation can be complicated, but Jenny Bloom is always up for the task. Although not a lawyer, her experience as a reporter and PR specialist helps her understand legalese – especially when it relates to growing marijuana. A passionate supporter of legalization and home... [read more]

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  1. By Haskell Davis

    ,18 Aug 2017
    Since hemp is HEMP is .0164% THC A trace element and is grown commercially grow in 50 of the 52 states would it be something that would that would be considered a crime. It is grown for the superfood values […]Read More
  2. By latewood_ILGM

    ,28 Aug 2017
    Haskell, I am not sure I agree that Hemp is grown legally in all 50 states. As the Law reads in Florida; No cultivation is allowed and all cultivation must be by approved or "qualified farms determined by the state, […]Read More

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