Fla. Stat. § 893.13(6)(b)

Marijuana Possession
in Florida

Recreational marijuana is still illegal in Florida. The line between misdemeanor and felony is 20 grams — but for concentrates, there is no line at all. Here is what to know.

Attorney-Reviewed Statute Resource
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: June 2026

Still Illegal in Florida

Despite the national trend, recreational marijuana remains illegal in Florida. Medical marijuana is legal with a qualifying condition and a state-issued card, but possession without that authorization is a crime. A 2026 ballot effort to legalize recreational use did not qualify, so the criminal statute still governs.

The 20-Gram Line

Under § 893.13(6)(b), possession of 20 grams or less of marijuana flower is a first-degree misdemeanor. More than 20 grams is a third-degree felony.

The Governing Statute
Fla. Stat. § 893.13(6)(b) — Possession of Cannabis
"If the offense is the possession of 20 grams or less of cannabis, as defined in this chapter, the person commits a misdemeanor of the first degree."
Read the full statute on Online Sunshine →

Twenty grams is roughly 0.7 ounces. The threshold measures the cannabis itself, excluding packaging.

The Concentrate Trap

Here is the nuance most people miss: the 20-gram misdemeanor line applies only to plant/flower marijuana. Florida law treats THC concentrates — wax, oils, hash, "dabs," edibles — as a separate substance, excluded from the definition of cannabis.

Flower vs. Concentrate
Flower, 20g or less: First-degree misdemeanor (up to 1 year, $1,000).

Flower, over 20g: Third-degree felony (up to 5 years, $5,000).

Any amount of concentrate (wax, oil, hash): Third-degree felony — there is no misdemeanor threshold.

This means a tiny amount of concentrate can be a felony while the same weight of flower would be a misdemeanor — a trap that catches many people by surprise.

What a Defense Attorney Looks For

  • The search. Marijuana cases frequently turn on whether the stop, search, or "odor" justification was lawful.
  • Weight and form. Whether the substance is flower or concentrate, and its exact weight, can change the charge from misdemeanor to felony.
  • Knowledge and possession — the same constructive-possession issues as any drug case.
  • Diversion eligibility for first-time offenders.

Frequently Asked Questions

Is recreational marijuana legal in Florida?
No. As of 2026, recreational marijuana remains illegal in Florida. Medical marijuana is legal for patients with a qualifying condition and a state-issued card. A 2026 legalization ballot measure did not qualify.
How much marijuana is a felony in Florida?
Possession of more than 20 grams of marijuana flower is a third-degree felony. Twenty grams or less is a first-degree misdemeanor. However, any amount of THC concentrate is a felony.
Why is a small amount of wax a felony but flower is not?
Florida law defines THC concentrates (wax, oil, hash) separately from plant cannabis. The 20-gram misdemeanor threshold applies only to flower, so any amount of concentrate can be charged as a third-degree felony.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Fla. Stat. § 893.13(6)(b) for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.