Miami Legal Tips Blog

Marijuana: Most Minor Florida Drug Charge

Possession Of Marijuana,  Most Minor Of All Drug Charges

If you’ve been arrested or believe you are about to be arrested for any type of drug related charges it is important to know what you might be facing.  You can be arrested for not only the possession of drugs but also possession of drug paraphernalia. Paraphernalia could include smoking masks, freebase kits for cocaine, grow kits for cannabis/marijuana, roach clips and more. 

The following information about what the Florida drug law are, can be found on

What Are the Drug Laws for Florida?

By Philip Foster, eHow Contributor

Receiving a drug possession or trafficking charge in the state of Florida can be a life changing experience. Having a good defense attorney remains a vital tool when attempting to get a drug charge dropped in court. Knowing your constitutional rights can prevent a police officer from performing an illegal search or seizure.

Drug laws in Florida range from first-degree misdemeanors to first degree felonies.


Possession of marijuana remains the most minor of all drug charges in the state of Florida. A marijuana possession conviction in the state of Florida remains on the defendant’s permanent record, which can make future employment quite difficult. Possessing 20 grams or less of marijuana in Florida, considered a first-degree misdemeanor, entails a penalty of up to a year in jail. The first-degree misdemeanor also carries a $1,000 fine. Possessing over 20 grams of marijuana can land the defendant in jail for up to five years with a $5,000 fine. Drug trafficking charges, also known as having intent to sell, have much harsher punishments than simple possession. Being caught with 2,000 pounds of marijuana in the state of Florida has a maximum sentence of seven years in prison with a fine of $50,000. 

Controlled Substance

Possessing a controlled substance in Florida has a much harsher penalty than possessing marijuana. Heroin, methamphetamine, cocaine and ecstasy are all considered controlled substances. Possessing a controlled substance has an automatic sentence of a third-degree felony. A third-degree felony can land the defendant in jail for up to five years with a maximum fine of $5,000. Being caught with more than 10 grams of heroin, considered a first-degree felony, has a maximum prison sentence of 30 years with a fine of $10,000. A trafficking conviction in the state of Florida that involves more than 28 grams of heroin has a minimum prison sentence of 25 years.

Drug Paraphernalia

  • Drug paraphernalia refers to articles related to the consumption of drugs. Paraphernalia can include smoking devices such as bongs and pipes. Paraphernalia also involves scales used to weigh out drugs as well as containers used to house drugs. A drug paraphernalia conviction, deemed a first-degree misdemeanor, carries a maximum jail sentence of a year and a fine of up to $1,000. Advertising for drug paraphernalia has the same penalty as possessing it.
The Law Offices of Gilbert and Smallman focus primarily on a wide variety of criminal defense cases in Broward County and Miami-Dade County.  We have the experience and training to give you the best possible defense, given the facts. We will take a personal interest in your case and fight for your rights.
Visit us at: Gilbert and Smallman PLL, The White Building One Northeast Second Ave, Suite 200, Miami, FL 33132

Call me, Harris Gilbert, on my personal cell phone for an initial consultation at no charge and
no obligation. 24/7 786-371-4431


Leave a Reply

Your email address will not be published. Required fields are marked *