Last updated February 2026
Despite medical marijuana legalization and shifting public opinion, felony marijuana possession is still very real in Florida. If you’re caught with a large quantity, any amount of concentrates, or signs of intent to sell, you can be charged with a third-degree felony — even if you’re a medical patient.
For a broader overview of how Florida defines drug possession — including actual vs. constructive possession and common defenses — see Drug Possession in Florida.
Here’s what the law actually says — and how to defend yourself if you’re arrested.
⚖️ What Florida Law Says About Felony Marijuana Possession
Under Fla. Stat. § 893.13(6)(a)
possession becomes a third-degree felony when:
You possess more than 20 grams of cannabis flower; OR
You possess any quantity of marijuana concentrates, including:
Wax
Shatter
Oil
Distillate
THC cartridges (“carts”)
Edibles (classified as Schedule I derivatives)
📉 Felony Penalties Include:
Up to 5 years in prison
Up to 5 years of probation
Up to $5,000 in fines
6-month driver’s license suspension
A permanent criminal record if convicted
Concentrates are treated far more harshly because they fall under § 893.03 Schedule I, which still categorizes THC (outside regulated medical use) as a controlled substance.
📦 When Does Marijuana Possession Become a Felony?
Here are the most common situations that elevate a simple possession case to a felony:
🌿 1. More than 20 grams of cannabis flower
Even 21 grams (less than an ounce) triggers felony exposure.
💧 2. Any amount of THC concentrates
This includes oils, wax, vapes, dabs, rosin, and potent edibles.
📦 3. Possession with intent to sell
Prosecutors infer intent from:
Multiple baggies
Scales
Cash
Ledger entries
Individual packaging
Text messages or social media
📝 4. Prior drug convictions
Prior drug offenses can increase exposure and may lead to habitual felony offender consequences.
🛑 How to Fight a Felony Marijuana Charge in Florida
Felony marijuana charges are very defensible, especially when constitutional issues or evidentiary weaknesses exist.
🛑 Illegal stop or search
The most powerful defense.
If the traffic stop, search, or pat-down was unconstitutional, we move to suppress all evidence — often leading to dismissal.
🧍♂️ Constructive possession issues
If multiple people had access to the vehicle or home, the State must prove:
You knew the cannabis was there and
You had control over it
This is often difficult for prosecutors.
⚖️ Amount was below felony threshold
We challenge:
Improper weighing
Inclusion of packaging in weight
Combining of wet plant material
Misclassified “edibles” or hemp
🌿 Medical marijuana compliance
If you’re a registered patient, strict compliance matters:
Possession must match allowable amounts
Must be in original dispensary packaging
Must not appear for resale
Even when the patient is technically non-compliant, this often helps negotiations.
🔍 Lack of intent to distribute
We dismantle State claims regarding packaging, cash, or circumstantial “intent.”
💡 First-Time Offender? You May Qualify for Diversion
Even in felony marijuana cases, many first-time offenders can avoid a conviction through:
Pretrial Intervention (PTI)
Drug Court (DIT)
Deferred prosecution
Charge reduction (to under 20 grams)
Successful completion may allow you to later pursue sealing or expungement — but ONLY if adjudication is withheld and the charge is eligible.
🧯 Long-Term Consequences of a Felony Marijuana Conviction
A felony conviction can impact:
Employment & background checks
Housing opportunities
Student loans & federal benefits
Professional licensing
Immigration status
Firearm rights
Ability to seal/expunge later cases
👉 A straight conviction cannot be sealed or expunged in Florida.
🛡️ Why You Need a Fort Lauderdale Marijuana Defense Lawyer
As a former prosecutor, Michael White has defended hundreds of felony marijuana cases.
We challenge illegal stops, break down constructive-possession claims, and fight for reductions, diversion, and dismissals.
📞 Call (954) 270-0769 or request a free case review today.
🌿 Frequently Asked Questions About Felony Marijuana Possession in Florida
⚖️ Is marijuana possession still a felony in Florida?
Yes. Possession of more than 20 grams of cannabis — or any amount of concentrates — is a felony.
🚔 Can I get arrested for having THC oil or edibles?
Yes. Concentrates and edibles are treated more severely than cannabis flower and often charged as felonies regardless of weight.
🩺 What if I have a medical marijuana card?
You must still comply with Florida MMJ rules. Excess amounts, repackaged product, or non-patient possession can still lead to charges.
🛑 What defenses can I use?
Illegal search, lack of knowledge, constructive possession, misweighing, medical compliance, and lack of intent are all viable defenses.
🔒 Can I expunge a felony weed charge?
Only if you avoid a conviction — such as through PTI, dismissal, or a withhold of adjudication (if eligible). You cannot seal or expunge a felony conviction.