Tampa Marijuana Attorney

Defense Against Marijuana Charges in Tampa & Across Florida

Were you arrested for a crime related to marijuana? Don’t wait to act! Florida law enforcement takes marijuana offenses seriously; you should too. We urge you to contact us as soon as possible to learn how The Law Offices of Jeff Paulk may be able to defend you against the possibility of conviction. We have represented thousands of clients in Tampa and throughout the state of Florida over the past 20 years, and we are ready to put our experience to work for you.

There are several defenses that your attorney may use when representing you against marijuana charges. For example, your lawyer may make a motion to suppress illegally obtained evidence to cripple the prosecuting attorney’s case. Tampa police officers and federal agents must have probable cause or a valid search warrant to search you or your property. Without probable cause, the evidence obtained in a search may be considered inadmissible if your lawyer files a motion to suppress this evidence. This is just one example of a potential defense against marijuana charges; various other strategies may benefit your case. 

To learn more, including how a Tampa marijuana crimes attorney at our firm can help, call (813) 321-7323 or contact us online now. Your consultation is free.

Florida Medical Marijuana Laws

In recent years, the use of marijuana to treat various medical conditions has become a hot topic of debate. Currently, in Florida, marijuana is a Schedule I controlled substance, which means it’s been determined to have “no acceptable medical use” and a “high potential for abuse.” Many scientists, medical experts, researchers, and doctors strongly disagree that marijuana has no acceptable medical use. After all, there has been a growing body of science-backed research that shows the opposite. Even the National Institute on Drug Abuse says two FDA-approved medications contain cannabinoids (chemicals in marijuana) and “continued research may lead to more medications.”

Today, medical marijuana can be legally used to treat numerous diseases and conditions, including and not limited to:

• Cancer
• PTSD
• Seizures
• Terminal illness
• Epilepsy
• Glaucoma
• ALS
• Crohn's disease
• HIV/AIDS
• Multiple sclerosis
• Parkinson's disease

With so many healthcare providers and researchers recognizing the medical uses of marijuana, legislatures and voters across the country are taking notice and increasingly decriminalizing marijuana possession offenses. Some states have even legalized both medical and recreational marijuana use.

Where Does Florida Stand on Medical & Recreational Marijuana?

As of 2026, only one state—Idaho—allows no legal use of marijuana, according to Forbes. In every other state, including Florida, using marijuana is permitted to some degree. In Florida, ONLY the use of medical marijuana is legal for qualifying individuals and in highly restricted amounts. 

In 2024, the legalization of recreational marijuana was put on Florida’s ballot, but the measure failed to receive the necessary votes to pass. The Florida Marijuana Legalization Initiative could appear on the ballot in 2026, which, if passed, would legalize the use of marijuana for adults 21 and older with possession limits and other restrictions related to driving under the influence, packaging and marketing, smoking or vaping in public spaces, and more. 

Notably, even if this initiative passes, it won’t impact federal laws related to marijuana. This means, even if recreational marijuana use becomes legal in Florida, you could still face federal drug charges for a marijuana-related crime. 

Penalties for Marijuana-Related Crimes in Florida

The possible penalties for marijuana crimes vary greatly depending on the alleged offense, as well as the amount involved and other factors. Simple possession of a small amount of marijuana may be charged as a misdemeanor, while distribution, trafficking, and cultivation of marijuana are typically felony offenses, punishable by steep fines and prison.

Penalties for Marijuana Possession

While some states have legalized marijuana for recreational use, Florida is not one of them—yet. Currently, the state only allows a person to possess certain amounts of marijuana if they need it for medicinal purposes. Additionally, Florida has not decriminalized marijuana. While decriminalization doesn't mean something is legal to possess, it means that possession is only an infraction.

In Florida, the penalties for marijuana possession include:

• 20 grams or less: 1 year in jail and a $1,000 fine
• 21 grams to 25 pounds: 5 years in prison and a $5,000 fine
• 25 pounds to <2,000 pounds: Minimum of 3 years in prison and a $25,000 fine
• 2,000 pounds to <10,000 pounds: Minimum of 3 years in prison and a $25,000 fine
• 10,000 pounds or more: Minimum of 15 years in prison and a $200,000 fine

Penalties for Selling Marijuana

The penalties for selling marijuana in Florida carry similar penalties to those for possessing it. However, selling marijuana might also be accompanied by additional charges related to drug trafficking, which could enhance any resulting penalties.

Penalties for selling marijuana in Florida include:

• 20 grams or less: 1 year in jail and a $1,000 fine
• 21 grams to 25 pounds: 5 years in prison and a $5,000 fine
• 25 pounds to <2,000 pounds: Minimum of 3 years in prison and a $25,000 fine
• 2,000 pounds to <10,000 pounds: Minimum of 3 years in prison and a $25,000 fine
• 10,000 pounds or more: Minimum of 15 years in prison and a $200,000 fine

Additionally, if a person sells or delivers marijuana within 1,000 feet of a school, college, park, or another specified area, they can face a maximum sentence of 15 years in prison.

Penalties for Marijuana Cultivation

Marijuana cultivation refers to planting, growing, harvesting, curing, drying, and otherwise processing marijuana plants. 

The Florida mandatory minimum penalties for marijuana cultivation are:

• 300 to 2,000 plants: 3 years in prison and/or a $25,000 fine
• 2,000 to 10,000 plants: 7 years in prison and/or a $50,000 fine
• 10,000+ plants: 15 years in prison and/or a $200,000 fine

Possessing Hash & Concentrates in Florida

Florida charges the possession, sale, or manufacturing of hash or concentrates as a third-degree felony. The crime carries a penalty of up to 5 years in prison and a fine of up to $5,000. However, this charge will be escalated to a second-degree felony a person is accused of the crime near daycares, schools, parks, and more.

Diversion Programs for First-Time Marijuana Offenders

Florida has diversion programs designed for first-time offenders who are willing to accept responsibility for their actions and seek rehabilitation. Upon successful completion of one of these programs, the offender can avoid the stigma and consequences of a permanent criminal record.

For example, the Felony Pre-Trial Intervention Program (PTI) is administered by the Florida Department of Corrections. Under the PTI program, first-time felony offenders are allowed to divert their case from the trial court and avoid a criminal conviction. To qualify for this program, the offender must have committed a qualifying, nonviolent third-degree felony.

If a defendant is eligible, he or she signs a written contract agreeing to successfully complete a drug treatment program. Once the defendant completes the program, the State’s Attorney’s Office drops the felony charges against the offender. 

Note: a drug offender cannot participate in the felony PTI program if they were charged with possessing LSD, heroin, meth, or 0.5+ grams of cocaine.

Contact a Marijuana Crimes Attorney in Tampa Today

Being charged with marijuana possession, cultivation, or distribution is serious. You need an equally serious defense to protect your rights and your future. Contact Tampa marijuana crime defense attorney Jeff Paulk to learn more about your legal rights and options following an arrest.

Call us now at (813) 321-7323 or contact us online for a free and confidential consultation.