Visitors & Residents Guide: Consequences of Illegal Cannabis Use in Florida

In South Florida—including Miami-Dade, Broward, and Palm Beach—adult-use cannabis remains illegal under Florida law. That means anyone who consumes cannabis without being a qualified medical marijuana patient (and following program rules) risks criminal penalties, even if cannabis is legal in their home state.

The most common charge starts with possession. In Florida, possession of 20 grams or less of cannabis is generally charged as a first-degree misdemeanor. A first-degree misdemeanor is punishable by up to 1 year in jail and up to a $1,000 fine under Florida’s sentencing and fines statutes.

More than 20 grams can quickly become a felony. Possessing more than 20 grams of cannabis is typically charged more seriously (often as a felony), which raises the stakes for jail or prison exposure and a permanent criminal record. Florida law sets a third-degree felony maximum penalty at up to 5 years in prison and a $5,000 fine.

Concentrates and vape oils can be riskier than people assume. Many consumers don’t realize that certain THC products—such as oils, wax, or other concentrates—can be treated differently than cannabis flower under Florida controlled substance laws. In some cases, this can elevate potential charges even when the quantity appears small.

Using cannabis in public can compound the problem. Even under Florida’s medical marijuana program, cannabis use is restricted in many locations, including public places, workplaces (unless permitted), schools, and public transportation. When consumption occurs illegally in public, it increases the likelihood of law enforcement contact and may result in additional scrutiny or citations.

Drug paraphernalia carries its own penalties. Items such as pipes, grinders, rolling papers, or vape devices may lead to a drug paraphernalia charge. In Florida, many paraphernalia offenses are classified as first-degree misdemeanors, carrying potential penalties of up to 1 year in jail and a $1,000 fine.

Driving after consuming cannabis is heavily enforced. Florida’s DUI laws apply to impairment caused by any substance, including cannabis. An arrest for driving under the influence can result in serious consequences beyond the criminal case, such as license suspension, mandatory education programs, increased insurance costs, and long-term driving record impacts.

Collateral consequences can last beyond the court case. A cannabis-related conviction may affect employment opportunities, housing applications, professional licensing, educational financial aid, and immigration status for non-citizens. Additionally, certain drug convictions can trigger a mandatory driver’s license suspension, often lasting six months, along with required evaluations or treatment.

This article is for general informational purposes only and is not legal advice. Anyone facing cannabis-related charges in Florida should consult a qualified criminal defense attorney to understand their rights and any local diversion or mitigation options that may apply.