Yes. Despite medical marijuana legalization and changing public opinion, felony marijuana possession is still possible in Florida — especially if you’re caught with a large amount, have prior convictions, or are accused of intent to sell.
Under Fla. Stat. § 893.13(6)(a), possession of more than 20 grams of marijuana is a third-degree felony, punishable by:
Up to 5 years in prison
Up to 5 years probation
A $5,000 fine
6-month driver’s license suspension
This includes raw cannabis (flower), edibles, wax, concentrates, or oil — unless you are properly registered and using it in compliance with Florida’s medical marijuana laws.
📦 What Makes Marijuana Possession a Felony?
Here’s when a simple possession case turns into a felony in Florida:
More than 20 grams of cannabis flower
Concentrates or edibles (treated more harshly under Florida law)
Possession with intent to sell, based on packaging, scales, large amounts, or cash
Prior drug convictions, which may increase your exposure or lead to habitual offender status
And yes — marijuana concentrates and THC oil are still considered Schedule I controlled substances in Florida and often charged as felonies regardless of weight.
🛑 How to Fight a Felony Weed Charge in Florida
Felony marijuana charges are defensible, especially when:
The marijuana wasn’t in your possession (constructive possession defense)
The amount was below the felony threshold
The evidence doesn’t prove intent to distribute
👉 If you’re facing other third-degree drug charges, check out our guide on possession of MDMA in Florida to see how we handle serious felony drug cases.
💡 First-Time Offender? You May Qualify for Diversion
Many felony marijuana cases — especially those without priors — can be resolved through:
Drug Court
Amended charge to misdemeanor (under 20 grams)
Deferred prosecution
These outcomes can help you avoid a conviction, and in some cases, make you eligible to seal or expunge the record.
🧯 Long-Term Consequences of a Felony Marijuana Conviction
Even if you avoid jail, a felony conviction for marijuana can affect:
Access to housing or federal benefits
Driver’s license status
Immigration status
Eligibility to own a firearm or vote
If adjudication is withheld, you might still be able to seal the record — but a straight conviction cannot be sealed or expunged in Florida.
🛡️ Why You Need a Fort Lauderdale Marijuana Defense Lawyer
At Michael White, P.A., we’ve helped hundreds of people across South Florida fight felony marijuana charges. Whether it’s challenging the stop, disproving possession, or negotiating a reduction — we work to protect your freedom and your record.
📞 Call Now for a Free Case Review
Charged with felony marijuana possession in Fort Lauderdale? Don’t wait. Let’s talk through your options before your next court date.
📱 (954) 270-0769
📨 Or reach out online 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 is a third-degree felony under Florida law. You can also face felony charges for concentrates, oils, and edibles — regardless of weight.
🚔 Can I get arrested for having THC oil or edibles?
Absolutely. Under Florida law, THC concentrates and edibles are treated more severely than cannabis flower and often charged as felonies — even in small amounts.
🩺 What if I have a medical marijuana card?
If you’re a registered patient and in compliance with Florida’s medical marijuana laws, possession may be legal. But if the quantity exceeds limits or you’re not properly registered, you can still be charged.
🛑 What defenses can I use against a felony marijuana charge?
Common defenses include unlawful search and seizure, lack of knowledge, constructive possession, and medical necessity. A skilled lawyer may also negotiate the charge down to a misdemeanor.
🔒 Can I expunge a felony weed charge in Florida?
Only if you avoid a conviction — for example, by completing PTI or getting a withhold of adjudication. If you’re adjudicated guilty, you can’t seal or expunge the charge in Florida.