Marijuana Possession Over 20 Grams — Florida

Possession of marijuana over 20 grams in Florida is charged under § 893.13(6)(a) as a third-degree felony — punishable by up to 5 years in state prison and a $5,000 fine. At 25 pounds or more, the charge escalates to drug trafficking under § 893.135(1)(a) with a 3-year mandatory minimum prison sentence and a $25,000 fine. Two questions drive most of these cases: the accuracy of the weight measurement and whether the State can prove you possessed the marijuana. Call (863) 774-4556 now.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

What Are the Penalties for Marijuana Possession Over 20 Grams in Florida?

Under Florida Statute § 893.13(6)(a), possession of more than 20 grams of marijuana is a third-degree felony carrying a maximum sentence of 5 years in Florida state prison and a $5,000 fine. A conviction also triggers a mandatory 2-year driver’s license suspension under § 322.055 for a first drug offense.

Amount	Charge	Maximum Penalty	Mandatory Minimum
Over 20 grams to under 25 lbs	3rd Degree Felony (§ 893.13(6)(a))	5 years prison / $5,000 fine	None (judicial discretion)
25 lbs to 2,000 lbs	Drug Trafficking (§ 893.135(1)(a))	30 years	3 years / $25,000
2,000 lbs to 10,000 lbs	Drug Trafficking (§ 893.135(1)(a))	30 years	7 years / $50,000
10,000+ lbs	Drug Trafficking (§ 893.135(1)(a))	30 years	15 years / $200,000

Why Is the Weight of Marijuana So Critical in Florida Drug Cases?

Twenty grams separates a misdemeanor from a felony. Cross 25 pounds and that felony becomes mandatory-minimum trafficking. The weight determines the charge, the maximum sentence, and whether a judge has any discretion at sentencing. This means the accuracy of the weight measurement used in your case is a critical defense issue.

In Florida, cannabis is weighed in its entirety — stems, seeds, and plant material included under § 893.02(3)‘s definition of cannabis. The lab’s methodology, scale calibration, and chain of custody from seizure to testing are all subject to challenge. A difference of a few grams can change a charge level. A difference of a few pounds near the 25-pound trafficking threshold can mean the difference between 5 years maximum with judicial discretion and a 3-year mandatory minimum.

Can Police Search Your Car Because of the Smell of Marijuana in Florida?

Not anymore — not in Polk County. In October 2025, the Second District Court of Appeal ruled in Williams v. State that the odor of marijuana alone no longer establishes probable cause for a warrantless vehicle search. The court recognized that Florida has legalized hemp and expanded medical marijuana, and because hemp and marijuana are indistinguishable by smell, the mere odor of cannabis can no longer make it “immediately apparent” that contraband is present. This ruling is binding law in the Second District, which covers Polk, Highlands, and Hardee Counties. The Florida Supreme Court has accepted the case for review, so a statewide ruling is pending.

The underlying stop still requires reasonable articulable suspicion of a traffic violation or criminal activity. And now, even if the stop was valid, the officer needs more than just claiming to have smelled marijuana to justify a search. If the only basis was odor, that search is subject to suppression under Williams. I examine both the stop and the search basis in every marijuana case.

What Is Constructive Possession and Why Does It Matter in Marijuana Cases?

Constructive possession is the theory that you possessed marijuana even though it wasn’t physically on your person. The State must prove you had (1) knowledge of the marijuana’s presence and (2) the ability to exercise dominion and control over it. In shared vehicles and residences with multiple occupants, this requires more than just finding marijuana in a space you had access to.

In marijuana cases over 20 grams — where the weight is sufficient to charge a trafficking threshold — the constructive possession question becomes even more important. A pound of marijuana found under the seat of a car with two occupants cannot automatically be attributed to both. The State needs evidence connecting a specific defendant to the marijuana beyond mere proximity.

Can Marijuana Over 20 Grams Lead to Cultivation or Manufacturing Charges?

Yes. If marijuana plants are found, the State can charge cultivation or manufacture of cannabis under § 893.13(1)(a) — a second-degree felony carrying up to 15 years in prison — in addition to or instead of possession. The trafficking statute § 893.135(1)(a) also applies to plants by count: 300 or more cannabis plants triggers a trafficking charge regardless of the total weight.

What Defenses Are Available for Marijuana Over 20 Grams in Florida?

• Fourth Amendment suppression — Unlawful stop or search? Evidence suppressed. Case typically dismissed.
• Weight challenge — Was the marijuana actually over 20 grams? Was it weighed accurately? Did the lab follow proper protocol?
• Constructive possession defects — Shared vehicle or residence? The State must prove your specific knowledge and control.
• Valid medical marijuana card — If the marijuana was legally obtained from a licensed Florida dispensary and your card was valid, this is an affirmative defense — though the amount limits must be respected.
• Chain of custody — Was the evidence maintained properly from seizure to lab?

Frequently Asked Questions — Marijuana Over 20 Grams in Florida

Is marijuana over 20 grams a felony in Florida?

Yes. Under § 893.13(6)(a), possession of more than 20 grams of cannabis is a third-degree felony punishable by up to 5 years in prison and a $5,000 fine. This is in contrast to marijuana under 20 grams, which is a first-degree misdemeanor under § 893.13(6)(b).

At what amount does marijuana become trafficking in Florida?

Under § 893.135(1)(a), marijuana trafficking begins at 25 pounds (or 300 plants). The mandatory minimum for 25 pounds to 2,000 pounds is 3 years in prison and a $25,000 fine. This is a weight-based charge — intent to sell is not required.

Can police search your car just because they smell marijuana in Florida?

In the Second District — which covers Polk, Highlands, and Hardee Counties — no. Following Williams v. State (2nd DCA 2025), the odor of marijuana alone no longer establishes probable cause for a warrantless vehicle search, because hemp and marijuana cannot be told apart by smell. Officers need additional facts beyond odor to justify a search. The underlying traffic stop must still be lawful — an illegal stop taints any subsequent search — and the Florida Supreme Court is reviewing the issue, so a statewide ruling is pending.

Does a marijuana felony conviction suspend your driver’s license in Florida?

Yes. Under § 322.055, any drug conviction — including a felony marijuana conviction — triggers a mandatory 2-year driver’s license suspension for a first offense. A second conviction triggers another 2-year suspension. A third conviction results in permanent revocation.

Related pages: Drug Crimes Hub — All Florida Drug Charges | Marijuana Under 20 Grams | Drug Trafficking Defense | Drug Possession Defense | THC Concentrates and Vape Cartridges

Can Marijuana Cultivation Charges Be Filed Alongside Possession in Florida?

Yes. If law enforcement discovers marijuana plants — a grow house, indoor cultivation setup, or any marijuana plants at any growth stage — the State can charge cultivation or manufacture of cannabis under § 893.13(1)(a) as a second-degree felony, carrying up to 15 years in prison. This is in addition to, or instead of, a possession charge based on the weight of harvested material.

Under the trafficking statute § 893.135(1)(a), 300 or more cannabis plants trigger a trafficking charge regardless of the total weight. This means a grow house with 300 plants — even if the plants are small and the total weight would not otherwise reach the 25-pound trafficking threshold — is a first-degree felony trafficking charge with a 3-year mandatory minimum. Grow house raids in Polk County have increased in recent years as PCSO Narcotics works intelligence-driven cultivations targeting both personal and commercial grows.

How Is Marijuana Weight Measured in Florida Criminal Cases?

Under § 893.02(3), “cannabis” is defined broadly to include all parts of the plant — stems, seeds, and plant material, whether growing or not. In Florida criminal cases, the entire plant material is weighed — not just the usable flower portion. This is different from how cannabis is measured in states that have legalized recreational marijuana, and it means that even dried stems, seeds, and non-smokable plant material count toward the total weight.

This total-weight rule has practical significance near threshold lines. A defendant with marijuana that weighs 22 grams total but only 15 grams of usable flower is still charged as a felony because the total weight exceeds 20 grams. Similarly, near the 25-pound trafficking threshold, the inclusion of stems and low-value plant material can push a weight-borderline case over the line. Challenging the lab’s weight methodology and the inclusion of material that arguably does not meet the statutory definition of cannabis is a viable defense approach in threshold-adjacent cases.

What Are the Collateral Consequences of a Marijuana Felony Conviction in Florida?

A felony marijuana conviction under § 893.13(6)(a) carries the same collateral consequences as any drug felony conviction in Florida:

• Driver’s license: Mandatory 2-year suspension under § 322.055. Driving on a suspended license following a drug conviction is a separate criminal offense.
• Firearm rights: A felony conviction disqualifies you from possessing firearms under federal law (18 U.S.C. § 922(g)(1)) and Florida law. Civil rights including the right to vote are also affected during any period of incarceration or supervision.
• Employment: A marijuana felony conviction appears on background checks. State licensing boards for healthcare, law enforcement, teaching, and other fields conduct character reviews that include drug felonies.
• Federal student financial aid: Drug convictions during an enrollment period when receiving federal aid can eliminate or suspend eligibility under 20 U.S.C. § 1091(r).
• Immigration: For non-citizens, a marijuana felony is a drug conviction under immigration law and can trigger removal proceedings, denial of naturalization, and bars to adjustment of status.
• Housing: Federal public housing programs have mandatory exclusion provisions for drug felons. Private rental markets increasingly screen for drug convictions.

How Does Marijuana Over 20 Grams Compare to the Under-20-Gram Charge?

The difference between marijuana under 20 grams and marijuana over 20 grams in Florida is the difference between a misdemeanor and a felony. Under § 893.13(6)(b), under 20 grams is a first-degree misdemeanor — maximum 1 year in jail, $1,000 fine, PTI eligible. Over 20 grams under § 893.13(6)(a) is a third-degree felony — maximum 5 years in prison, $5,000 fine, felony record, and all the collateral consequences that go with it.

When FDLE weighs cannabis that comes in at 21 or 22 grams, the margin between a misdemeanor and a felony is a few grams. In threshold-adjacent cases, lab methodology, scale calibration, and what material was included in the weigh can determine the charge level and change the outcome entirely.

Can federal marijuana laws still affect someone in Florida?

Yes. Cannabis remains a Schedule I controlled substance under federal law regardless of Florida’s medical marijuana program or any state decriminalization efforts. Federal prosecution for marijuana possession or distribution is possible — though federal prosecution of small possession cases is rare. Federal consequences are more significant in other areas: federal firearm laws, federal housing programs, federal student financial aid, and immigration law all treat marijuana convictions as drug offenses regardless of state law. If your case involves federal property — a federal building, national park, military installation — federal charges apply rather than Florida state law.

What Happens After a Marijuana-Over-20-Grams Arrest in Polk County?

A marijuana over-20-grams charge is a felony heard in Circuit Court. The process from arrest to resolution typically includes the following steps:

• Arrest and first appearance: Bond is set — for a third-degree felony first offense, OR release may be available depending on record and circumstances. An attorney can argue for reasonable bond at first appearance.
• Arraignment: Not guilty plea entered. Discovery demand filed. For weight-adjacent cases, obtaining the lab report and weight methodology documentation begins immediately.
• Lab and weight review: FDLE lab records are obtained, chain of custody reviewed, and the analyst’s weight calculation methodology examined. In threshold-adjacent cases, deposition of the lab analyst may be warranted.
• Motion to suppress: Was the stop lawful? Was the marijuana-smell-based search lawful? Was the stop extended without independent justification? These are the first Fourth Amendment questions in every vehicle marijuana case.
• PTI evaluation: First-time offenders may be eligible for PTI in the 10th Circuit — though PTI for a felony marijuana charge requires State agreement and is not as readily available as PTI for a misdemeanor. Drug Court is an alternative for substance-use-driven cases.
• Trial: If no resolution is reached, a jury trial in 10th Circuit Court in Bartow. Constructive possession, weight challenges, and Fourth Amendment issues are all jury issues.

What is the difference between possession of marijuana over 20 grams and marijuana under 20 grams in Florida?

The difference is a felony versus a misdemeanor. Under § 893.13(6)(b), marijuana under 20 grams is a first-degree misdemeanor — maximum 1 year in jail, no felony record, PTI-eligible, and eligible for expungement after dismissal. Over 20 grams under § 893.13(6)(a) is a third-degree felony — maximum 5 years in prison, felony record with all associated collateral consequences, and a 2-year driver’s license suspension under § 322.055. The 20-gram line is approximately 0.7 ounces. Lab weight accuracy is critical near this threshold.