Is possession of marijuana a felony in Florida? Does the amount matter?
Answer: The amount absolutely matters. The cut off between a misdemeanor and felony in Florida is 20 grams. So anything less than 20 grams is a misdemeanor of the first degree, depending on the jurisdiction. Some jurisdictions take lightly to it, other jurisdictions, especially in the rural counties, not so light. Obviously, drugs such as marijuana that is lawful in certain parts of the country depending on the jurisdiction which you are in—you know, that can cause you a problem.Unfortunately, if you’re convicted of any marijuana offense, even a misdemeanor or a felony, you end up losing your driver’s license for a set period of time. So it’s very important. Of course, if you have a large amount of marijuana like more than 25 pounds let’s say, but less than two thousand pounds, you could be facing Florida state prison. So you’ve got to be very careful. I had a case recently where an individual—I resolved a case. And there was a dialog. He had a felony possession amount of marijuana. There was dialog with the judge and, in that circumstance, I ended up getting him a great deal. But the judge said, “Hey listen, in Florida it’s still not legal.” So you’ve got to be very careful in the state of Florida when it comes to possession of marijuana because it’s still a criminal offense.