buy weed seeds legally florida

Florida Laws and Penalties

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

Any person who is knowingly in active or constructive possession of 25 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.

Any person who is knowingly in active or constructive possession of more than 25 pounds – 2,000 pounds of cannabis (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.

Any person who is knowingly in active or constructive possession of 2,000 pounds – less than 10,000 pounds of cannabis (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.

Any person who is knowingly in active or constructive possession of 10,000 pounds of cannabis 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.

  • Florida Criminal Code § 893.13(h)(3) Web Search
  • Florida Criminal Code § 893.03)(1)(c)(7) Web Search
  • Florida Criminal Code § 893.135 Web Search
  • Florida Criminal Code § 775.082(a) Web Search
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 pounds or less of cannabis is a felony punishable by a maximum sentence of 5 years imprisonment and a maximum fine of $5,000.
The sale of more than 25 pounds- less than 2,000 pounds of cannabis (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 pounds – less than 10,000 pounds of cannabis (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 pounds or more of cannabis 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 of cannabis 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.

  • Florida Criminal Code § 893.13 Web Search
  • Florida Criminal Code § 893.03(c)(35) Web Search
  • Florida Criminal Code § 893.13 Web Search
  • Florida Criminal Code § 893.135 Web Search
  • Florida Criminal Code § 775.082(a) Web Search
  • Florida Criminal Code § 775.083(1) Web Search
Hash & Concentrates

Hashish or concentrates are considered schedule I narcotics in Florida.

  • Florida Criminal Code § 893.03(1)(c) Web Search

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.

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

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

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

  • Florida Criminal Code § 893.145 Web Search
Paraphernalia

Possession of drug paraphernalia is a misdemeanor in the first degree, punishable by a maximum sentence of one 1-year imprisonment and a maximum fine of $1,000.

  • Florida Criminal Code § 775.083 Web Search
  • Florida Criminal Code § 893.145 Web Search
  • Florida Criminal Code § 893.145 Web Search
  • Florida Criminal Code § 893.147 Web Search
Miscellaneous

Conviction causes a driver’s license suspension for a period of 1 year.

  • Florida Criminal Code § 322.055 Web Search
  • Florida Criminal Code § 322.056 Web Search
More Information
Drugged Driving

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

LOCAL DECRIMINALIZATION

This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.

Mandatory Minimum Sentence

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

Medical CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

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Medical Marijuana

Learn how to get a permit to process medical marijuana treatment center edibles in Florida. Find answers to frequently asked questions.

  • Medical Marijuana FAQ for Businesses
  • Medical Marijuana Treatment Center Edibles Food Establishment Permit

Medical Marijuana FAQ for Businesses

View frequently asked questions from businesses about medical marijuana in Florida.

Medical Marijuana Treatment Center Edibles Food Establishment Permit

The medical marijuana treatment center edibles food permit is for medical marijuana edibles produced at a medical marijuana treatment center.

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Florida Medical Marijuana Plants Initiative (2022)

The measure would have amended Amendment 2 (2016), which legalized medical marijuana in Florida, to redefine “medical use” under the measure to include growing up to nine marijuana plants. The measure would have also added a definition for “marijuana plant.” [1]

Text of measure

Ballot title

The proposed title was as follows: [2]

Marijuana Plants for Medical Marijuana Patients [3]

Ballot summary

The proposed ballot summary was as follows: [2]

Allows qualifying medical marijuana patients or their caregivers to grow marijuana plants for medical use. Redefines medical use of marijuana to include growing up to nine mature flowering marijuana plants, and possessing the harvest therefrom. Includes the definition of a marijuana plant. Applies only to Florida law, and does not immunize violations of federal law. [3]

Constitutional changes

The measure would have amended Section 29(b) of Article X of the Florida Constitution. The following underlined text would have been added: [2]

ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

(6) “Medical use” means the acquisition, possession, use, growing up to nine mature flowering marijuana plants and possessing the harvest therefrom, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.

(11) “Marijuana plant” means a plant, including, but not limited to, a seedling or cutting. To determine if a piece or part of a marijuana plant severed from the marijuana plant is itself a marijuana plant, the severed piece or part must have some readily observable evidence of root formation, such as root hairs. Callous tissue is not readily observable evidence of root formation. [3]

Sponsors

Peaceful Minds for Medical Marijuana sponsored the initiative. [2]

Background

Medical marijuana in the United States

As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes. [4] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal. [5] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.

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Unique instances

Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [6]

South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state’s definition of marijuana in that section. [7] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year. [8]

After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law. [9] Several state’s attorneys expressed disagreement with the Attorney General’s statements. Aaron McGown and Tom Wollman, state’s attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state’s attorney, said his office would not prosecute CBD cases based on his interpretation of the state law. [8]

On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state. [10]

Path to the ballot

The state process

In Florida, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the preceding presidential election. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 27 congressional districts. Signatures remain valid until February 1 of an even-numbered year. [11] Signatures must be verified by February 1 of the general election year the initiative aims to appear on the ballot.

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” [12]

The requirements to get an initiative certified for the 2022 ballot:

  • Signatures: 891,589 valid signatures
  • Deadline: The deadline for signature verification was February 1, 2022. As election officials have 30 days to check signatures, petitions should be submitted at least one month before the verification deadline.

In Florida, proponents of an initiative file signatures with local elections supervisors, who are responsible for verifying signatures. Supervisors are permitted to use random sampling if the process can estimate the number of valid signatures with 99.5% accuracy. Enough signatures are considered valid if the random sample estimates that at least 115% of the required number of signatures are valid.