Understanding Florida Marijuana Laws: Cultivation and Possession Charges

Despite evolving attitudes toward marijuana across the United States, Florida maintains some of the strictest marijuana laws in the country. Drug charges are strict and archaic when you consider that marijuana is still classified as a Schedule I controlled substance, on par with heroin and even more restricted than cocaine. 

Criminal Defense Attorney Brian Gabriel brings over 30 years of experience defending clients against marijuana charges throughout Palm Beach County. His extensive knowledge of Florida’s complex marijuana laws and effective defense strategies has helped countless individuals navigate these challenging legal situations and achieve favorable outcomes.

Florida’s Marijuana Classification and Legal Status

Despite growing evidence of marijuana’s medical benefits, this drug remains classified as a Schedule I controlled substance under both Florida and federal law. This classification, outlined in Statute section 893.13, is typically reserved for drugs with high abuse potential and no accepted medical use, creating a contradiction since Florida does have a medical marijuana program.

Medical Marijuana in Florida

With the recent passage of Amendment 2, the law that aims to legalize medical marijuana in Florida, the state’s marijuana laws are more complex than ever. In 2016, Florida voters approved Amendment 2, which legalized medical marijuana for qualifying conditions. The program has expanded since then, with patients now able to access various forms of cannabis, including smokable flowers, under the supervision of a certified physician.

Patients must meet the following criteria in order to qualify for medical marijuana:

• Be a permanent or seasonal resident
• Have a qualifying chronic and debilitating medical condition, including cancer, epilepsy, glaucoma, HIV/AIDS, PTSD, or similar conditions.
• Be registered in the state’s Medical Marijuana Use Registry
• Obtain a medical marijuana ID card

However, even authorized medical marijuana patients face restrictions on where it can be purchased (only from licensed Medical Marijuana Treatment Centers) and how much can be possessed (up to 2.5 ounces of smokable flower within a 35-day period).

Recreational Marijuana Remains Illegal

Possession of this drug for recreational use remains strictly prohibited. Laws surrounding marijuana possession, cultivation, and more can be found in Florida Statute section 893.13, where it is classified as a Schedule I substance, despite the medical marijuana program’s success and growing public support for legalization.

The possession and sale of marijuana in West Palm Beach can lead to serious charges despite the fact that the use of medicinal cannabis is now acceptable for debilitating medical conditions. While the rest of the country may be easing up on marijuana legislation, West Palm Beach still holds some of the strictest laws in the nation.

Marijuana Possession Charges in Florida

The severity of marijuana possession charges depends on the amount in question. The state distinguishes between misdemeanor and felony possession based on weight thresholds.

Misdemeanor Possession

Possession of 20 grams or less is a first-degree misdemeanor. Simple possession charges could lead to up to a year in jail and $1,000 in fines. This is possible with small amounts of marijuana. The higher the quantity of the drug that is found, the stricter the penalties.

While this might seem like a relatively minor offense compared to felony charges, the consequences can still be severe:

• Up to one year in jail
• Up to one year of probation
• Maximum fine of $1,000
• Driver’s license suspension for up to one year
• Creation of a permanent criminal record

According to the Florida Department of Law Enforcement, thousands of Floridians are arrested each year for minor marijuana possession, despite some municipalities implementing citation programs instead of arrests for small amounts.

Felony Possession

Possessing more than 20 grams of marijuana elevates the charge to a third-degree felony. The penalties increase dramatically:

• Up to five years in state prison
• Up to five years of probation
• Maximum fine of $5,000
• Driver’s license suspension for up to two years

These penalties reflect Florida’s continued harsh stance on marijuana despite changing attitudes elsewhere in the country. Even more concerning, possession of large quantities can trigger trafficking charges with mandatory minimum sentences.

Marijuana Distribution and Trafficking

Possessing large amounts of marijuana is associated with a higher level of criminal activity. When you possess more than you can consume for personal use, you could be charged with sale, distribution, purchasing, or drug trafficking. These charges lead to serious prison time. With mandatory minimum sentences, Florida ensures you will serve time if you are found guilty of such charges.

Charges range from a first-degree misdemeanor (for distributing fewer than 20 grams) to a first-degree felony (for distributing more than 10,000 pounds). A first-degree felony can lead to life in prison. The mandatory minimum penalties include 15 years in prison and $200,000 in fines.

When the amount of marijuana exceeds certain thresholds, possession charges may be elevated to trafficking, even without evidence of actual sales or distribution:

• 25-2,000 pounds (or 300-2,000 plants): First-degree felony with a mandatory minimum of three years imprisonment, a maximum sentence of 15 years, and up to $25,000 in fines
• 2,000-10,000 pounds (or 2,000-10,000 plants): First-degree felony with a mandatory minimum of seven years imprisonment, a maximum sentence of 30 years, and up to $50,000 in fines
• 10,000+ pounds (or 10,000+ plants): First-degree felony with a minimum sentence of 15 years imprisonment, a maximum sentence of 30 years, and up to $200,000 in fines

These mandatory minimum sentences mean that judges have no discretion to impose lesser penalties, regardless of the circumstances. Additionally, trafficking convictions often involve asset forfeiture, where property connected to the alleged crime may be seized by the government.

Marijuana Cultivation Laws in Florida

Cultivating marijuana is treated as a serious criminal offense, with penalties often exceeding those for simple possession. Because it is still considered a Schedule I controlled substance under state and federal law, the cultivation or manufacture of marijuana is considered a felony offense. Unlike some states with medical marijuana programs, Florida does not permit patients to grow cannabis plants—even for medical use. All legal marijuana must be purchased from licensed Medical Marijuana Treatment Centers..

How Florida Defines Cultivation

Section 893.02(5) defines cultivation as: preparing soil or hydroponic medium for planting of a controlled substance or tending and caring or harvesting of a controlled substance. This broad definition encompasses virtually any activity related to growing marijuana, from germinating seeds to harvesting mature plants.

Cultivating marijuana is a serious crime, whether you cultivate in a garden or in an indoor grow house. 

Penalties for Marijuana Cultivation

The lowest level cultivation crime is a third-degree felony under §893.13(1). The penalties for cultivating marijuana are severe and increase based on the number of plants or weight involved:

• Cultivation of any amount (fewer than 300 plants): Third-degree felony punishable by up to five years imprisonment and fines up to $5,000
• 25-2,000 pounds (or 300-2,000 plants): First-degree felony with a three years’ imprisonment minimum and up to $25,000 in fines
• 2,000-10,000 pounds (or 2,000-10,000 plants): First-degree felony with a seven years imprisonment minimum and up to $50,000 in fines
• 10,000+ pounds (or 10,000+ plants): First-degree felony with a 15 years imprisonment minimum and up to $200,000 in fines

Aggravating Factors

Cultivation charges can be elevated to a second-degree felony under certain circumstances. If the cultivation or manufacture of marijuana occurred within 1,000 feet of the property of any of the following facilities, you could face penalties of up to 15 years in prison and a fine of up to $10,000:

• Schools or designated school bus stops
• Parks or playgrounds
• Public housing facilities
• Churches or other places of worship
• Assisted living facilities
• Child care facilities
• Colleges or universities

Additionally, if the cultivation involves property theft, such as stealing electricity to power grow lights or other equipment, additional charges may apply.

You could face steep penalties for marijuana crimes without a strong West Palm Beach marijuana cultivation lawyer to defend your case. Attorney Brian Gabriel staunchly defends marijuana cultivation throughout Palm Beach County. If you are facing charges, it is important to act quickly to build a strong case.

Defense Strategies for Marijuana Charges

If you’re facing marijuana charges, several defense strategies may be available depending on the specific circumstances of your case.

Challenging Possession

For prosecutors to prove possession, they must establish that you had knowledge of and control over the marijuana. Florida law recognizes two types of possession:

• Actual possession: The marijuana was found directly on your person (in a pocket, bag, etc.)
• Constructive possession: The marijuana was found in a location under your control (home, car, etc.)

Constructive possession cases often provide more opportunities for defense, particularly in situations where multiple individuals had access to the location where the marijuana was found. Without additional evidence linking you specifically to the marijuana, prosecutors may struggle to prove the elements of constructive possession beyond a reasonable doubt.

Fourth Amendment Violations

The circumstances of your case may provide for one of several possible defense strategies. Common defenses to marijuana possession charges include that law enforcement officers who found drugs did so illegally through an unlawful search and seizure. Law enforcement must follow strict constitutional guidelines when conducting searches. If your rights were violated during a search—such as through a warrantless search without proper exceptions or exceeding the scope of consent—evidence obtained may be suppressed. This may lead to the dismissal of charges if critical evidence becomes inadmissible.

Medical Marijuana Defense

You have permission to use the drug. Medical marijuana is legal, and thus, if you have a medical marijuana card, you may use marijuana for health reasons. This might be an effective defense. If you are a registered patient, you may have a valid defense against possession charges. However, it’s important to remember that there are strict limits on how much marijuana you may legally possess, and you must have proper documentation showing your authorization to use medical marijuana.

Alternative Sentencing Options

For first-time offenders facing misdemeanor possession charges, several alternative sentencing options may be available:

• Diversion programs lead to charges being dismissed upon completion
• Drug court programs focus on rehabilitation rather than punishment
• Probation instead of jail time
• Community service options

These alternatives provide a path to avoiding a permanent criminal record while addressing any substance use issues that may have contributed to the arrest.

Palm Beach County Marijuana Defense Representation

West Palm Beach courts take marijuana charges very seriously. You do not want to become entangled with drug charges without a competent attorney on your side. The consequences of marijuana charges extend far beyond potential incarceration. A conviction results in a permanent criminal record, lost professional opportunities, housing difficulties, educational barriers, and even family challenges. These collateral consequences often persist long after any jail time or probation has been completed. Investing in competent legal counsel could mean the difference between a conviction and preserving your freedom. Florida judges are bound to treat drug offenses harshly, even if the alleged crime was a nonviolent one.

If you’re facing charges in Palm Beach County, experienced legal representation is critical. For over 30 years, Criminal Defense Attorney Brian Gabriel has sought justice for the criminally accused. Specializing in criminal defense litigation, he is highly esteemed throughout Florida. He will handle your case using all the knowledge and skills developed over the span of his career. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.