Marijuana possession is primarily enforced under Florida state law, even though Florida operates a medical marijuana program. Without a valid medical marijuana card (and compliant product and possession), a person caught with cannabis can face criminal penalties that depend heavily on how much they have and what form it is in.
Learn More: Understanding Medical Cannabis Cards and Why You Might Need One
1. Possession of 20 grams or less (typical “small amount” cases)
Florida law treats possession of 20 grams or less of cannabis as a first-degree misdemeanor. A first-degree misdemeanor is punishable by up to one year in jail and up to a $1,000 fine under Florida’s general penalty statutes.
This 20-gram threshold is a critical dividing line in Florida law. Staying below it generally keeps the charge at the misdemeanor level, while crossing it can lead to far more serious consequences.
2. Possession of more than 20 grams
Possession of more than 20 grams of cannabis is typically charged as a third-degree felony in Florida. A third-degree felony carries potential penalties of up to five years in prison and up to a $5,000 fine.
Felony charges can also result in long-term collateral consequences, including difficulties with employment, housing, and professional licensing.
3. Concentrates, vape cartridges, and THC oils
An important detail in Florida law is that the statutory definition used for the under-20-gram misdemeanor does not include cannabis resin or preparations derived from that resin. As a result, products such as concentrates, wax, shatter, or THC vape cartridges may be charged under Florida’s broader controlled-substance laws rather than the simple cannabis possession statute.
In practice, this means that even small amounts of concentrates can expose someone to felony-level charges, making these cases significantly more serious than possession of flower.
4. Cannabis trafficking thresholds
Large quantities of marijuana can trigger trafficking charges, which carry some of the harshest penalties in Florida’s drug laws. Possession of more than 25 pounds of cannabis or 300 or more plants can result in mandatory minimum prison sentences and substantial fines. These penalties apply regardless of intent to sell.
5. Driver’s license consequences
Florida law allows for a driver’s license suspension or withholding following certain drug convictions, even if the offense did not involve driving. This consequence can impact daily life, employment, and family responsibilities.
6. Drug paraphernalia charges
Items such as pipes, rolling papers, grinders, or certain containers may result in a separate drug paraphernalia charge. Paraphernalia offenses are commonly charged as first-degree misdemeanors, carrying their own fines and potential jail exposure.
Bottom line: In Clearwater, marijuana possession without a medical card can lead to serious legal consequences, even at relatively low amounts. The form of cannabis, total weight, and accompanying items can all influence how a case is charged and punished under Florida law.
Learn More: Hemp-Derived CBD in Clearwater: Why It’s Legal—And Why It Still Comes With Rules
