Marijuana and THC Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Marijuana cases are often won on the details: what the product really is, how much it weighs, and how police found it. Our office answers 24 hours a day.

The 20-Gram Line

Florida law makes possession of 20 grams or less of cannabis a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine). More than 20 grams is a third-degree felony (up to 5 years in prison and a $5,000 fine).

Giving away 20 grams or less, with nothing in return, is also a first-degree misdemeanor.

Why a Vape Pen Can Be a Felony

This is the part that surprises people. For the 20-gram misdemeanor, the statute says "cannabis" "does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin."

Resin and things made from it are left out of the misdemeanor. So a person with a small amount of a concentrate, oil, or wax made from marijuana resin can be charged under the general possession law, which is a third-degree felony. A product that qualifies as hemp under Florida's hemp law is not "cannabis" at all. The question of what a product actually is, and what it was made from, is often the whole case.

What Counts as "Cannabis" and What Doesn't

Florida's definitions section says "cannabis" means "all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin."

Two big exceptions are written into that definition:

• Medical marijuana dispensed and possessed in conformance with Florida's medical marijuana law is not "cannabis" under the criminal statute.
• Hemp. "The term does not include hemp as defined in s. 581.217 or industrial hemp as defined in s. 1004.4473."

Hemp, Delta-8, and Other THC Products

Under Florida's hemp law, hemp is the plant Cannabis sativa L. and its parts and derivatives that "has a total delta-9-tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry-weight basis, with the exception of hemp extract, which may not exceed 0.3 percent total delta-9-tetrahydrocannabinol on a wet-weight basis."

The Legislature also found that "Hemp-derived cannabinoids, including, but not limited to, cannabidiol, are not controlled substances or adulterants if they are in compliance with this section."

What that means for you:

• The Florida test is total delta-9 THC. The hemp statute does not name delta-8 or other cannabinoids one by one. It sets the 0.3 percent total delta-9 limit and the rules for selling hemp extract.
• If a product is over the limit, it is not "hemp." And if it is not hemp, the State may treat it as cannabis.
• Lab testing is the battleground. Police often cannot tell hemp from marijuana by sight or smell. Testing method, which sample was tested, and whether the test measured total delta-9 THC can decide the case.
• Sales rules. Hemp extract sold in Florida must have a certificate of analysis from an independent lab and a label with a scannable code, batch number, website, expiration date, and milligrams per serving. Selling hemp-extract products meant for eating or inhaling to anyone under 21 is a second-degree misdemeanor for the seller, and a first-degree misdemeanor for a second violation within a year.
• Keep the packaging. If you are charged over a store-bought product, the package, receipt, and lab code may matter.

2025–2026 changes: As of the 2026 Florida Statutes, the hemp statute (section 581.217) was last amended in 2023. Hemp rules have been debated often, so what matters is the law on the date of your arrest. We check it on every case.

Medical Marijuana Cards: What They Protect and What They Don't

A card protects a lot, but not everything. Here is what Florida's medical marijuana law (section 381.986) says.

What it covers. A qualified patient and caregiver may buy from a licensed treatment center up to the amount in the physician certification, "but may not possess more than a 70-day supply of marijuana, or the greater of 4 ounces of marijuana in a form for smoking or an amount of marijuana in a form for smoking approved by the department pursuant to paragraph (4)(f), at any given time and all marijuana purchased must remain in its original packaging."

What it does not cover. The law says "medical use" does not include, among other things:

• "Possession, use, or administration of marijuana that was not purchased or acquired from a medical marijuana treatment center."
• Use in a manner inconsistent with the physician's directions or certification.
• Giving marijuana to anyone other than the patient or the patient's caregiver.
• Use in public places, on public transportation, on school grounds, or "In a school bus, a vehicle, an aircraft, or a motorboat." For public places, public transportation, and those vehicles, there is a narrow exception for low-THC cannabis not in a form for smoking.

A patient who uses marijuana (other than low-THC cannabis) in public view, in a vehicle or boat, or on school grounds commits a first-degree misdemeanor under the medical marijuana law. A patient or caregiver who buys from anyone other than a licensed treatment center, or who grows marijuana, is subject to the regular drug-crime penalties.

Forgot your card? A patient or caregiver who fails to show the card when an officer asks commits a second-degree misdemeanor, unless the registry shows the person is authorized. The case cannot end in a conviction if the person shows the court or the clerk a card that was valid at the time of arrest, before or at the court appearance.

Work. The law does not require an employer to allow medical marijuana at work.

Marijuana and Driving

Florida's DUI statute applies to a driver "under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired."

The medical marijuana law adds that its protections do not "exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from the medical use of marijuana." A card is not a defense to impaired driving. Separately, using marijuana in a vehicle is outside "medical use." See DUI Defense.

Selling, Growing, and Trafficking Marijuana

• Sale, delivery, or possession with intent to sell cannabis is a third-degree felony. Near a school, park, or other protected place, it becomes a second-degree felony.
• Growing marijuana can be charged as manufacturing. Even a medical patient who grows violates the drug statute.
• Trafficking in cannabis starts at more than 25 pounds, or 300 or more plants, with mandatory minimums of 3, 7, and 15 years. A plant counts if "it has some readily observable evidence of root formation, such as root hairs." See Drug Trafficking for the full table and how weight is counted.

Paraphernalia

Pipes, grinders, scales, and similar items used with illegal drugs can bring a separate first-degree misdemeanor charge. The medical marijuana law lets qualified patients and caregivers buy and possess a delivery device for smoking from vendors other than a treatment center.

How We Defend Marijuana and THC Cases

• The search. "I smelled marijuana" is where many searches start. With hemp legal, smell and sight alone can be weaker grounds than they used to be. Each case turns on its own facts. See Motions to Suppress.
• What is it? Hemp or marijuana? Flower or resin? We push for real lab testing, including total delta-9 THC.
• How much? The 20-gram line and the 25-pound trafficking line both depend on accurate weighing.
• Whose was it? Shared cars and homes raise constructive-possession issues.
• Your card. If you are a registered patient, we document it early.
• Diversion. Many first-time marijuana cases qualify for drug court or pretrial intervention. See Drug Crimes Defense.

Immigration Warning

For non-citizens, even a small marijuana case can cause serious immigration problems, and a medical card under Florida law does not change federal law. Talk to us before any plea. See Immigration Consequences.

Related Pages

• Drug Crimes Defense
• Drug Trafficking
• Fentanyl Charges
• Motions to Suppress
• Bond & Nebbia Hearings
• Immigration Consequences

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is a small amount of weed a felony in Florida?

Possession of 20 grams or less of cannabis is a first-degree misdemeanor. More than 20 grams is a felony. Concentrates and other resin products are treated differently and can be a felony even in small amounts.

Is delta-8 legal in Florida?

Florida's hemp law does not name delta-8. It sets a limit of 0.3 percent total delta-9 THC and rules for how hemp extract is sold. A product that meets the law can be legal; one that does not may be treated as cannabis. Testing matters.

I have a medical card. Can I carry it in my car?

The card covers possession within the legal limits, in original packaging, from a licensed treatment center. Using marijuana in a vehicle is not covered, and the card is not a defense to impaired driving.

I left my card at home. Will I be convicted?

Not for failing to show it, if you produce a card that was valid at the time of arrest to the court or clerk before or at your court date.

How much marijuana is trafficking?

More than 25 pounds, or 300 or more plants. See our Drug Trafficking page for the full table.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.