Florida classifies drug crimes based on the type and quantity of controlled substances involved, with penalties ranging from misdemeanors to severe felonies. These laws cover a variety of offenses, including possession, trafficking, and paraphernalia. 

Drug possession

Charges for drug possession in Florida vary widely based on the substance and amount. 

• Marijuana (Cannabis):

  • Possession of 20 grams or less is a first-degree misdemeanor, with a penalty of up to 1 year in jail and a $1,000 fine.

  • Possession of more than 20 grams is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.

  • Possession of a large amount (25+ pounds or 300+ plants) can escalate to a trafficking charge.

• Controlled substances:

  • Unauthorized possession of most controlled substances, such as cocaine, heroin, methamphetamine, or fentanyl, is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.

  • Enhanced penalties can apply if the offense occurs near a school or involves a firearm. 

Drug trafficking

Drug trafficking is a serious felony offense in Florida that does not require proof of distribution. The charge is based on the quantity of drugs, which triggers mandatory minimum prison sentences. 

• Cannabis: Trafficking charges apply to 25 pounds or more (or 300+ plants), with mandatory minimum sentences of 3 to 15 years, depending on the quantity.

• Cocaine: Trafficking amounts start at 28 grams, with mandatory minimum prison sentences ranging from 3 to 15 years.

• Heroin/Fentanyl: Trafficking involves 4 grams or more, with mandatory minimums increasing with the quantity.

• Oxycodone: Trafficking can be charged for 7 grams or more, with mandatory minimums of 3 to 15 years. 

Drug paraphernalia

Florida law criminalizes the possession and distribution of drug paraphernalia, defined as any item used to consume, produce, or conceal illegal drugs. 

• Possession with intent to use: This is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.

• Manufacture or delivery: Selling, manufacturing, or delivering paraphernalia is a third-degree felony, punishable by up to 5 years in prison.

• Delivery to a minor: Delivering paraphernalia to a minor is a second-degree felony with even harsher penalties. 

Other drug offenses

• Manufacturing or Cultivation: Producing or growing illegal drugs is a felony offense with severe consequences.

• Possession with intent to sell: The intent to sell, deliver, or manufacture controlled substances can result in felony charges, even without proof of distribution. Proximity to places like schools, churches, or public housing facilities can lead to enhanced penalties.

• Drug-Free Zones: Committing drug crimes within 1,000 feet of a school, park, or other specified area results in enhanced penalties, including mandatory minimum sentences. 

Potential consequences

In addition to fines and imprisonment, drug convictions in Florida carry significant collateral consequences, including: 

• Driver's license suspension.

• Difficulty securing employment or housing.

• Probation and required drug testing or counseling.

• Immigration consequences for non-citizens.