Marijuana Possession Under 20 Grams — Florida

Possession of marijuana under 20 grams in Florida is charged under § 893.13(6)(b) as a first-degree misdemeanor — punishable by up to 1 year in jail and a $1,000 fine. This is the only drug possession offense in Florida classified as a misdemeanor; every other controlled substance carries a felony charge. Florida has not decriminalized recreational marijuana, and despite what many assume, an arrest for even a small amount can result in a permanent criminal record, a 2-year driver’s license suspension, and lasting consequences. Call (863) 774-4556.

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

What Are the Penalties for Marijuana Under 20 Grams in Florida?

Under Florida Statute § 893.13(6)(b), possession of 20 grams or less of cannabis is a first-degree misdemeanor carrying a maximum of 1 year in the county jail, 1 year of probation, and a $1,000 fine. A conviction also triggers a mandatory 2-year driver’s license suspension under § 322.055 — separate from any sentence the judge imposes.

This is the single possession offense in Florida’s drug statutes that is classified as a misdemeanor. Every other controlled substance — cocaine, heroin, methamphetamine, fentanyl, THC concentrates, prescription drugs without a valid prescription — is charged as a third-degree felony carrying up to 5 years in prison. The misdemeanor classification of small marijuana possession is the exception, not the rule.

Is Marijuana Decriminalized in Florida?

No. Recreational marijuana is not legal or decriminalized under Florida state law as of 2026. Possession of any amount of marijuana without a valid Florida medical marijuana card remains a criminal offense. Amendment 3, which would have legalized recreational marijuana, failed at the November 2024 ballot with 55.9% support — just short of the 60% supermajority required for Florida constitutional amendments.

Some individual cities and counties in Florida have enacted local ordinances allowing civil citations for small amounts as an alternative to arrest — not decriminalization, but an enforcement choice. In Polk County, law enforcement agencies may issue civil citations in limited circumstances for first-offense small possession, but this is not guaranteed and is entirely at the officer’s discretion. An arrest remains possible for any amount of marijuana possession under Florida law.

What Is the Civil Citation Program for Marijuana in Polk County?

Some Polk County law enforcement agencies participate in civil citation programs for first-offense minor possession. A civil citation results in a fine and potentially a diversion program rather than a criminal arrest and formal charge. However, civil citation is entirely discretionary — it is the officer’s option, not your right. Officers can still arrest for marijuana under 20 grams even if a citation program exists. Do not assume a civil citation will apply in your case.

Is Medical Marijuana a Defense to Possession in Florida?

Yes — a valid Florida medical marijuana card is an affirmative defense to a marijuana possession charge. Under Florida’s Medical Marijuana Legalization Initiative (Article X, Section 29 of the Florida Constitution) and § 381.986, Florida Statutes, qualified patients with valid Medical Marijuana Use Registry ID cards may possess marijuana obtained from a licensed Medical Marijuana Treatment Center. If you were arrested with marijuana and hold a valid, current medical card, that is a complete defense to the possession charge — provided the amount is within the limits established by your physician’s order.

The card must have been valid at the time of arrest. An expired card or a card obtained after the arrest does not retroactively create a defense.

Does Marijuana Under 20 Grams Often Come with Paraphernalia Charges?

Yes — in most marijuana possession arrests, a drug paraphernalia charge under § 893.147(1) is filed alongside the possession charge. Paraphernalia is defined broadly under Florida law to include any item “used, intended for use, or designed for use” in connection with a controlled substance — pipes, rolling papers, grinders, baggies, scales. A pipe found in the same search is typically charged as a separate first-degree misdemeanor under § 893.147(1), carrying its own potential 1-year jail sentence. Resolving both charges together is always part of the strategy.

What Happens to Your Driver’s License After a Marijuana Conviction in Florida?

Under Florida Statute § 322.055, any drug conviction — including a marijuana misdemeanor — results in a mandatory 2-year driver’s license suspension for a first offense. A second drug conviction triggers another 2-year suspension. A third triggers permanent revocation. The suspension is automatic upon conviction and applies regardless of whether you receive any jail time. This is one of the most disruptive collateral consequences of even a misdemeanor marijuana conviction.

What Defenses Are Available for Marijuana Possession Under 20 Grams?

The same constitutional and legal defenses that apply to any drug charge apply here:

• Fourth Amendment suppression — Was the stop lawful? Was the search lawful? Following Williams v. State (2nd DCA 2025), the odor of marijuana alone no longer establishes probable cause for a vehicle search in Florida’s Second District — which includes Polk County. Officers must point to additional facts beyond smell. If the stop or search was unlawful, everything found gets suppressed.
• Constructive possession — If the marijuana was found in a shared area, the State must prove your knowledge and control, not just proximity.
• Valid medical marijuana card — Complete defense if card was valid and amount was within physician order.
• PTI / Diversion — First-time offenders may qualify for Pretrial Intervention in the 10th Circuit, resulting in dismissal on completion.
• Identity of substance — The State must prove the substance is cannabis. Lab testing and chain of custody must be established.

Can a Marijuana Conviction Be Expunged in Florida?

If the case is dismissed — through PTI, a motion to suppress, or nolle prosse — you may be eligible for expungement of the arrest record. If the case results in a conviction, you are not eligible for expungement but may be eligible for sealing in limited circumstances. Florida law limits expungements to one per lifetime and requires no prior convictions. Resolving the case correctly the first time preserves your future options.

Frequently Asked Questions — Marijuana Under 20 Grams in Florida

Is marijuana possession a felony in Florida?

Possession of marijuana under 20 grams is a first-degree misdemeanor under § 893.13(6)(b) — not a felony. However, possession of over 20 grams is a third-degree felony under § 893.13(6)(a) carrying up to 5 years in prison. Possession of 25 pounds or more is trafficking under § 893.135 with a 3-year mandatory minimum.

Does a marijuana conviction suspend your license in Florida?

Yes. Under § 322.055, any drug conviction — including a marijuana misdemeanor — triggers a mandatory 2-year driver’s license suspension for a first offense. This is automatic upon conviction and separate from any jail time.

Is a medical marijuana card a defense in Florida?

Yes — a valid, current Florida Medical Marijuana Use Registry ID card is an affirmative defense to possession of marijuana obtained from a licensed Florida dispensary, provided the amount is within your physician’s order. The card must have been valid at the time of arrest.

Can marijuana possession under 20 grams be dismissed in Florida?

Yes — through PTI completion resulting in nolle prosse, a successful motion to suppress evidence, or a not guilty verdict at trial. Eligible first-time offenders in the 10th Judicial Circuit may qualify for Pretrial Intervention, which results in dismissal upon successful completion and preserves expungement eligibility.

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

What Is the School Zone Enhancement for Marijuana Possession in Florida?

Under Florida Statute § 893.13(1)(c), possessing marijuana with intent to sell or deliver within 1,000 feet of a school, college, daycare, park, playground, community center, public housing project, or place of worship is elevated to a first-degree felony — maximum 30 years in prison. The 1,000-foot zone applies to the location where the sale or delivery occurs, not where the defendant resides. In densely populated areas of Lakeland, Winter Haven, or Haines City, virtually any transaction near a school campus or park falls within this zone. Law enforcement maps these zones during investigations, and the State will not hesitate to use this enhancement on marijuana possession-with-intent cases.

What Happens to Probation If You Have a Marijuana Charge in Florida?

If you are placed on probation following a marijuana conviction — or any drug conviction — marijuana is automatically prohibited as a condition of supervision. Florida probation conditions prohibit possession or use of any controlled substance without a lawful prescription. This means a probationer who tests positive for THC — even with a valid medical marijuana card obtained after sentencing — is subject to a probation violation. A violation of probation can result in revocation and imposition of the original maximum sentence, even years after the original conviction.

This zero-tolerance environment on probation makes the resolution of the original marijuana charge critically important. A plea to a conviction with probation creates years of ongoing criminal exposure. A disposition without a conviction — PTI, withhold of adjudication, or dismissal — avoids this ongoing jeopardy.

Are There Pretrial Diversion Options for Marijuana Under 20 Grams in Polk County?

Yes. First-time offenders charged with marijuana under 20 grams in the 10th Judicial Circuit may be eligible for Pretrial Intervention (PTI) — a supervised diversion program that, upon successful completion, results in dismissal of all charges and preserves expungement eligibility. PTI typically requires: no prior felony convictions; State agreement; completion of approximately 12 months of supervision; drug evaluation and any required treatment; community service hours; and payment of fees. Drug Court is also available for defendants whose marijuana use reflects an underlying substance use disorder, providing a more intensive treatment-focused alternative.

PTI eligibility is not guaranteed — the State Attorney must agree, and the specific circumstances of the arrest, the amount, and your prior record all factor into that decision. However, for a true first-time offender with a straightforward possession charge, PTI is a realistic goal that I pursue from the start of every eligible case.

What Is the Long-Term Record Impact of a Marijuana Conviction in Florida?

Florida has no automatic expungement for marijuana convictions, and there is no “waiting period” after which a conviction disappears from your record. A marijuana misdemeanor conviction under § 893.13(6)(b) appears on criminal background checks indefinitely until it is sealed or expunged — and a conviction cannot be expunged, only sealed (which still shows to law enforcement and some employers). Only a disposition without a conviction — PTI, withhold of adjudication, or dismissal — creates a path to expungement or sealing that removes the record from public background check databases.

This matters for employment, professional licensing, housing applications, and immigration. Employers and landlords increasingly use background check services that report any arrest, even without a conviction. Resolving the case with no conviction — through PTI, a withhold of adjudication, or dismissal — protects your future in a way that a conviction plea does not.

Can Police Still Search Your Car Based on Marijuana Smell 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 held that because 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 decision is binding law in the Second District, which includes Polk, Highlands, and Hardee Counties. The case has been certified to the Florida Supreme Court, and a statewide ruling is pending. In the meantime, officers who search a vehicle based solely on marijuana odor in Polk County are conducting a search that is now subject to suppression.

Most marijuana cases in Polk County still arise from traffic stops. But the Williams decision fundamentally changes the suppression analysis. If an officer stopped you for a traffic violation, claimed to smell marijuana, and searched your vehicle on that basis alone — with no other indicators of criminal activity — that search is now constitutionally suspect under binding Second District precedent. The Fourth Amendment analysis — was the stop lawful? was there probable cause for the search beyond odor alone? did the officer improperly extend the stop? — is the first defense inquiry in every marijuana case.

Is marijuana decriminalized in Polk County or the cities of Lakeland or Winter Haven?

No city or county in Polk County has enacted a full decriminalization ordinance that removes the criminal consequences of marijuana possession under state law. Some Florida municipalities have enacted ordinances allowing civil citations as an enforcement alternative, but even those ordinances do not override state law — arrest and criminal prosecution remain possible for any marijuana possession offense. Officers retain discretion whether to issue a citation or make an arrest. Do not assume a citation program will apply to your situation.