How Much Marijuana Is Considered ‘Personal Use’ In Florida?

If you’re scratching your head wondering, “How much weed is still just ‘personal use’ in Florida?” — you’ve come to the right place.

The short answer is: Florida law doesn’t precisely define a “personal use” threshold the way some states do, but case law and statute set practical dividing lines. And when those lines get crossed, the penalties can become very serious.

Our attorneys at Madonna Law Group can break down what Florida law says about “personal use” and what it tends to mean in practice.

Florida’s Statutory Framework

Under Florida Statutes § 893.13, cannabis (marijuana) is classified as a controlled substance.

• Possession of 20 grams or less of cannabis is treated as a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
• Possession of more than 20 grams generally elevates the charge to a felony (a third-degree felony), and the penalties rise steeply.

There is an interesting wrinkle: delivery (i.e. giving or transferring) 20 grams or less without payment is itself a misdemeanor under § 893.13(3).

So, while Florida doesn’t label an exact “personal use” tier in statute, the 20-gram line functions as a de facto boundary in many cases.

Why ‘Personal Use’ Is a Gray Area

Statutes alone don’t tell the full story. In practice, law enforcement and prosecutors consider context:

• Intent to distribute is a major factor. If police find packaging materials, digital scales, large sums of cash, or evidence of sales, they might treat an amount under 20 grams as a distribution charge.
• Location matters. Possession near schools, parks, or within 1,000 feet of certain facilities can trigger enhanced penalties, even for amounts that might otherwise be misdemeanor-level.
• Concentrates and extracts often get harsher treatment. Many Florida practitioners warn that THC oils, edibles, and other concentrated forms may attract felony charges even when quantities are qualitatively small.
• Prior record and plea bargaining also play big roles. Someone with a clean record might see a lesser outcome, whereas repeat offenses reduce prosecutorial flexibility.

All this means that “personal use” is more of a concept used in defense strategy than a clean legal label. That’s why you might need to discuss your specific situation with a Dade City possession of marijuana attorney.

The ‘Medical Marijuana’ Exception

Florida does allow medical marijuana under controlled circumstances via the state’s Medical Marijuana Use Registry.

Qualified patients may hold certain amounts of marijuana, subject to limits like a 70-day supply, or up to 4 ounces in smokable form at a time (or a department-approved equivalent) for those certified.

But public use is prohibited, and non-patients caught with marijuana still face criminal liability. Besides, medical marijuana cannot legally be transferred to someone who is not registered or authorized.

So even in medical contexts, “personal use” protections are limited and closely regulated.

Facing Possession of Marijuana Charges? We Can Help

If you’ve been arrested for marijuana possession or even just suspect you might be under investigation, the difference between misdemeanor and felony charges, or avoiding enhanced penalties, can pivot your future.

Don’t wait until charges are formally filed. Contact Madonna Law Group today for a free consultation. Even if you believe your amount was “small,” there’s no substitute for experienced legal advocacy in the Florida criminal justice system. Call at (352) 567-0411 to discuss your situation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.13.html