Marijuana Possession Lawyer

Quick answer: In Florida, possessing 20 grams or less of marijuana (non-medical) is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). More than 20 grams is typically a third-degree felony (up to 5 years and a $5,000 fine). Qualified patients may legally use medical marijuana purchased from licensed dispensaries and listed in the state’s Medical Marijuana Use Registry. Our criminal defense team can evaluate defenses, diversion eligibility, and ways to reduce or dismiss charges.

Even as legalization expands elsewhere, Florida still restricts recreational marijuana. Unless you qualify for a medical exception, an accusation of possession can bring criminal penalties. At Fighter Law, board-certified trial lawyers Thomas Fighter and Jessica Travis defend these cases across Central Florida—protecting your rights and targeting charge reductions, dismissals, and record-saving outcomes.

Medical Marijuana Exceptions in Florida

Florida permits medical marijuana for qualified patients who are registered with the state and purchase from licensed dispensaries. The Medical Marijuana Use Registry requires a physician certification for a qualifying condition (for example: cancer, epilepsy, HIV/AIDS, PTSD, ALS, Crohn’s disease, Parkinson’s disease, multiple sclerosis) and sets dosage/form limits. Misuse—such as possessing amounts or forms not authorized for you—can still lead to criminal charges.

Orlando marijuana possession defense lawyer explaining Florida penalties and defenses
Orlando marijuana possession defense – Fighter Law

Penalties for Marijuana Possession in Florida

  • 20 grams or less (non-medical): First-degree misdemeanor; up to 1 year in jail and a $1,000 fine (§775.083).
  • Over 20 grams: Third-degree felony; up to 5 years in prison and a $5,000 fine (see §893.13).
  • Related offenses: Possession of paraphernalia, intent to sell, or delivery can change the level of the charge and sentencing exposure.

Note: Local citation/diversion initiatives exist in some jurisdictions, but state criminal laws still apply unless your case is handled through an approved program.

Common Defenses We Explore

  • Stop and search challenges: Was the stop lawful? Was the search within constitutional limits?
  • Possession & knowledge: Can the State actually prove you knew about and controlled the substance?
  • Medical authorization: Are you a qualified patient with registry documentation?
  • Testing & chain of custody: Were the substances properly tested and handled?
  • Statements: Were Miranda rights given? Were any statements involuntary or taken in violation of your rights?

Pretrial Diversion Options (Orange & Seminole)

Many first-time or low-level cases may be eligible for pretrial diversion. Successful completion can lead to a dismissal of the charge. Programs vary by State Attorney’s Office and sometimes by arresting agency. We’ll review your record, the specific charge, and local policies to determine eligibility and negotiate the best path forward.

Example: The City of Orlando offers a cannabis civil-citation diversion track in some situations; county-level misdemeanor diversion programs may require community service, education, counseling, and negative drug screens. Availability and terms change—our team will verify current options for your case.

Why Hire Fighter Law?

  • Board-Certified Trial Lawyers: Real courtroom experience in complex criminal matters.
  • Local know-how: We understand how Central Florida agencies, courts, and diversion programs actually operate.
  • Strategy for the long term: We protect your record, employment, and licensing interests—not just the immediate case result.
Request a confidential consult
Call (407) 344-4837
See all Drug Charge defenses

FAQs: Marijuana Possession in Florida

Is recreational marijuana legal in Florida?

No. Recreational possession remains illegal. Only qualified medical patients registered with the state may lawfully possess marijuana from licensed dispensaries.

What counts as “possession”?

Possession can be actual (on your person) or constructive (you had knowledge of and control over it). In shared spaces or vehicles, the State often struggles to prove constructive possession.

What are the penalties?

Up to 20 grams (non-medical): first-degree misdemeanor (up to 1 year jail/$1,000 fine). Over 20 grams: third-degree felony (up to 5 years/$5,000 fine). See §893.13 and §775.083.

Can I get diversion?

Often, yes—especially with a minimal record and a simple possession charge. We’ll confirm eligibility and terms in your jurisdiction and negotiate the best outcome.

Will I have to go to court?

It depends on your charge, the court’s requirements, and whether diversion is available. In many cases, your lawyer can appear for routine hearings.

Nothing here is legal advice for your specific case. Talk to a lawyer before making decisions. If you were arrested or cited, call us now: (407) 344-4837.