Despite growing national trends toward legalization, possession of marijuana under Florida law in 2025 remains a criminal offense in most situations. While Florida allows medical marijuana for qualified patients, recreational use is still illegal—and being caught with even a small amount can lead to criminal charges, fines, and long-term consequences.
Here’s what you need to know about the current laws, penalties, and potential defenses.
Is Marijuana Legal in Florida in 2025?
As of 2025:
- Recreational marijuana is still illegal in Florida.
- Only individuals with a valid medical marijuana card may legally possess and use cannabis.
- Any amount of marijuana possessed outside medical guidelines is considered illegal possession under state law.
Marijuana Possession Penalties in 2025
Penalties depend on the amount of cannabis involved and whether the person has prior convictions.
Possession of 20 Grams or Less
- Charged as a first-degree misdemeanor
- Up to 1 year in jail
- Up to $1,000 in fines
- Possible driver’s license suspension
This is the most common possession charge in Florida.
Possession of More Than 20 Grams
- Charged as a third-degree felony
- Up to 5 years in prison
- Up to $5,000 in fines
- Felony criminal record with lasting consequences
Possession With Intent to Sell
Even without large quantities, packaging, scales, or cash can lead prosecutors to charge intent to sell, which carries harsher penalties.
Medical Marijuana: What’s Allowed in 2025?
Registered patients may legally possess medical cannabis purchased from a licensed dispensary. However:
- Sharing or selling your medical marijuana is illegal.
- Transporting marijuana across state lines remains a crime.
- Smoking in certain public places can still result in charges.
Having a medical marijuana card does not protect you from non-compliant possession.
Does Florida Decriminalize Small Amounts in 2025?
Some Florida cities and counties have adopted local civil citation programs that reduce penalties for small amounts of marijuana. However, decriminalization is not statewide, and police officers still have discretion to file criminal charges.
Where you are caught can significantly impact the outcome.
Common Defenses Against Marijuana Possession Charges
Being arrested does not mean you will be convicted. Possible defenses may include:
- Unlawful search and seizure
(Police searched your car, home, or pockets without legal justification.) - Lack of knowledge
(You did not knowingly possess the marijuana.) - Constructive possession issues
(Drugs were found in a shared space with no evidence tying them to you.) - Medical marijuana compliance
(You have a valid medical card and followed state rules.)
A criminal defense attorney can review the evidence and identify weaknesses in the prosecution’s case.
Why Legal Representation Matters
A conviction for marijuana possession can affect employment, housing, licensing, and your future. An experienced lawyer helps you:
- Seek a reduction or dismissal
- Pursue diversion programs
- Challenge unconstitutional police actions
- Protect your record and rights
Charged With Marijuana Possession in Florida? Get Help Today
Understanding possession of marijuana Florida law in 2025 is the first step—but having a skilled attorney by your side is essential. Quick action can make a major difference in how your case is resolved.
Contact our office today to discuss your situation confidentially and start building a defense.
