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Law Firm of Scott T. Moorey
1430 Royal Palm Square Boulevard,
Suite 101, Fort Myers, FL 33919
Phone: 239-603-6312
Toll Free: 888-821-9168
Fax: 239-275-6507

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Important facts about Florida drug laws

Many states now embrace the full decriminalization of marijuana. However, some states have not caught onto the trend.

In Florida, parties may still face drug charges for the use of marijuana. It is important to understand a few facts about Florida's drug laws.

Mixed legal status

In Florida, the use of marijuana is of mixed legal status. In other words, it is legal to use in certain instances and unlawful in others. Particularly, marijuana is legal to use for medicinal purposes, with the appropriate prescription. It is important to note that even with a prescription, parties are only able to possess a certain amount of marijuana at a given time. While parties may use it medicinally, recreational use and distribution are still illegal.

Federal versus state

Outside of medical marijuana, the illegal use of marijuana may carry a state or federal charge. The amount of the substance and its use are the main contributors to determining this factor. Amounts below 20 grams are not considered a large amount and are usually deemed as personal use. In such cases, parties may face a misdemeanor charge. On the other hand, possessing larger amounts may result in a federal offense, which could lead to up to five years in jail and a maximum fine of $5,000.


Certain cities within Florida have ordinances in place that aid in the decriminalizing of marijuana. In cases where law enforcement discovers 20 grams or less of a controlled substance in possession of an individual, the officer has the option to administer a citation rather than a charge against the party. Such citations may carry a fine of $100 to $500 and possible community service requirements.

Knowing these facts about state drug laws can be beneficial in understanding how they may impact your current situation. However, with the progression of the drug laws thus far, further reform may be on the horizon. 

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