Florida Drug Charges
Florida's drug laws are in Chapter 893, which sorts controlled substances into Schedules I–V (§ 893.03). Possession is generally a third-degree felony (§ 893.13), but possessing 20 grams or less of cannabis is a first-degree misdemeanor — more than 20 grams is a third-degree felony. Trafficking (§ 893.135) is defined by weight and carries mandatory minimum prison terms, with no withholding of adjudication. Confirm current weights and penalties.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice, and Florida’s drug penalties and threshold weights are detailed and frequently amended — confirm the current numbers against the statute and talk to a Florida attorney.
Florida’s drug laws are gathered in Chapter 893, the Florida Comprehensive Drug Abuse Prevention and Control Act.
Schedules
Controlled substances are sorted into Schedules I–V (§ 893.03), based on factors like medical use and potential for abuse. How a substance is scheduled affects how an offense involving it is treated.
Possession
Possession of a controlled substance is generally a third-degree felony (§ 893.13). The most important exception involves cannabis:
- 20 grams or less of cannabis is a first-degree misdemeanor.
- More than 20 grams is a third-degree felony (§ 893.13(6)(b)).
That 20-gram line matters because it separates a misdemeanor from a felony — confirm current weights and penalties.
Trafficking
Trafficking (§ 893.135) is defined by the weight of the substance involved — not necessarily by any intent to sell. It carries mandatory minimum prison terms and large fines, and adjudication may not be withheld. Because trafficking thresholds and penalties are set by weight tiers that change, treat any figures as confirm-current and check the statute.
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Start your free intakeFrequently asked questions
- Is drug possession a felony in Florida?
- Generally yes. Possession of a controlled substance is usually a third-degree felony under § 893.13. The main exception is small amounts of cannabis.
- How much marijuana is a misdemeanor in Florida?
- Possession of 20 grams or less of cannabis is a first-degree misdemeanor; more than 20 grams is a third-degree felony (§ 893.13(6)(b)). Confirm current weights and penalties against the statute.
- What makes a Florida drug charge 'trafficking'?
- Trafficking (§ 893.135) is defined by the weight of the substance and carries mandatory minimum prison terms and large fines. Adjudication may not be withheld for trafficking.
Sources
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