POSSESSION OF MARIJUANA IN FLORIDA
§893.13(6), Fla. Stat.
To prove the crime of Possession of Marijuana, the State must prove the following three elements beyond a reasonable doubt:
- Defendant knew of the presence of a substance.
- Defendant exercised control or ownership over that substance.
- The substance was marijuana.
Penalties for Possession of Marijuana
Possession of Marijuana less than 20 grams is a misdemeanor of the first degree punishable by up to one year in jail and a fine not exceeding $1,000.
Possession of Marijuana more than 20 grams is a felony of the third degree punishable by up to 5 years in prison and a fine not exceeding $5,000.
A possession of marijuana conviction will result in a driver’s license suspension for a period of one year which is mandatory.