Category: Drug Offenses · Statute: F.S. 893.13 · Source: Florida Legislature
Understanding Cannabis Possession in Florida
In Florida, cannabis possession is governed by Florida Statute Section 893.13, which classifies the offense based strictly on the weight of the marijuana seized. If an individual is found in actual or constructive possession of 20 grams or less of cannabis, the offense is charged as a first-degree misdemeanor, carrying penalties of up to one year in county jail and a $1,000 fine. If the amount exceeds 20 grams, the charge escalates to a third-degree felony, which carries a maximum penalty of five years in state prison and a $5,000 fine. Additionally, any conviction for cannabis possession in Florida triggers a mandatory one-year driver's license revocation under state law.
To secure a conviction, Florida prosecutors must prove the defendant had knowledge of the presence of the substance and exercised dominion and control over it. This distinction is crucial in "constructive possession" cases, such as when cannabis is discovered in a shared vehicle or residence rather than directly on a person. While Florida has legalized medical marijuana for qualified patients with valid registry identification cards, unauthorized possession by non-patients, possession of illicitly sourced cannabis, or carrying amounts exceeding medical limits remains strictly prohibited under the state's criminal code.
Bail and Pretrial Release for Florida Cannabis Charges
Bail amounts for cannabis possession in Florida vary significantly depending on the classification of the charge. For misdemeanor possession (20 grams or less), defendants are often eligible for release on their own recognizance (ROR) or a standard low-dollar bond at booking. However, felony possession of more than 20 grams typically requires a formal booking process and a standard bond schedule appearance, where judges consider factors like prior drug convictions or failure-to-appear history when setting the financial conditions of release.
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