lawyer

Possession

Possession of 20 grams or less is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

Possession of more than 20 grams is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Possession of 25 or more plants is a felony punishable by a maximum sentence of 15 years in jail and a fine of $10,000. Possession of less than 25 plant is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Please see:

• Florida Criminal Code 893.13
• Florida Criminal Code 893.03(c)(35)
• Florida Criminal Code 893.13
• Florida Criminal Code 775.082(a)

Sale/Delivery

The delivery of 20 grams or less without remuneration is a misdemeanor punishable by a maximum sentence of 1 year imprisonment and a maximum fine of $1,000.

The sale of 25 lbs. or less is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

The sale of 25 lbs.-2,000 lbs. (or 300-2,000 plants) is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a maximum sentence of 15 years imprisonment and a maximum fine of $25,000.

The sale of 2,000 lbs.-10,000 lbs. (or 2,000-10,000 plants) is a felony punishable by a mandatory minimum sentence of 7 years and a maximum sentence of 30 years imprisonment as well as a maximum fine of $50,000.

The sale of 10,000 lbs. or more is a felony punishable by a mandatory minimum sentence of 15 years imprisonment and a maximum sentence of 30 years imprisonment as well as a maximum fine of $200,000.

Sale or delivery within 1,000 feet of a school, college, park, or other specified areas is a felony punishable by a maximum sentence of 15 years imprisonment and a maximum fine of $10,000.

Please see:

• Florida Criminal Code 893.13
• Florida Criminal Code 893.03(c)(35)
• Florida Criminal Code 893.13
• Florida Criminal Code 893.135
• Florida Criminal Code 775.082(a)

Hash Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

See:

• Florida Criminal Code 893.03(1)(c)

Possession of hashish or concentrates is a felony in the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

See:

• Florida Criminal Code 893.13(6)(b)
• Florida Criminal Code 775.083(1)(c),(d)
• Florida Criminal Code 775.082(3)(d)
• Florida Criminal Code 775.082(4)(a)

Possessing more than 3 grams of hash, selling, manufacturing, delivering, or possessing with intent to sell, manufacture or deliver, hashish or concentrates is a felony of the third degree. A felony of the third degree is punishable by a term of imprisonment no greater than 5 years and a fine no greater than $5,000.

The offense is charged as a felony of the second degree if the offense occurred:

within 1,000 feet of a child care facility between 6 A.M. and 12 midnight;

within 1,000 feet of a park or community center;

within 1,000 feet of a college, university or other postsecondary educational institute;

within 1,000 feet of any church or place of worship that conducts religious activities;

within 1,000 feet of any convenience business;

within 1,000 feet of public housing;

within 1,000 feet or an assisted living facility.

A felony of the second degree is punishable by a term of imprisonment no greater than 15 years and a fine no greater than $10,000.

See:

• Florida Criminal Code 893.13(1)(a)(2)
• Florida Criminal Code 893.13
• Florida Criminal Code 775.083(1)(b),(c)
• Florida Criminal Code 775.082(3)(c),(d)
• Rutherford v. State. 386 So.2d 881 (Fla. 1980).

Florida defines any product, equipment, or device used to make hashish or concentrates as drug paraphernalia.

See:

• Florida Criminal Code 893.145

Paraphernalia

Possession of drug paraphernalia is a misdemeanor punishable by a maximum sentence of one year imprisonmenet and a maximum fine of $1,000.

Please see:

• Florida Criminal Code 893.145
• Florida Criminal Code 893.145
• Florida Criminal Code 893.147