Twenty grams is the line between a misdemeanor and a felony, and a single search can decide whether the case survives at all. Do not let a cannabis charge become a conviction by default.
Call 904-383-7448Florida charges cannabis possession under section 893.13, Florida Statutes, and the weight sets everything. Twenty grams or less is a first-degree misdemeanor under section 893.13(6)(b). More than twenty grams is a third-degree felony under section 893.13(6)(a). That single threshold is the most important fact in most marijuana cases.
Graham W. Syfert defends cannabis charges across Duval, Clay, Nassau, and St. Johns Counties. The weight, the medical-marijuana picture, the paraphernalia that often comes with the charge, and the lawfulness of the search are all in play. Call 904-383-7448.
The line between a misdemeanor and a felony in a cannabis case is twenty grams. At or below that weight, the charge is a first-degree misdemeanor under section 893.13(6)(b), which carries up to a year in jail in the most serious cases but is most often resolved well short of that. Cross twenty grams and the charge becomes a third-degree felony under section 893.13(6)(a), with a far heavier sentencing exposure and lasting consequences on a record. Because the threshold is exact, how the cannabis was weighed matters. The statute measures the plant material, and what was weighed — whether stems, moisture, or packaging were included — can move a borderline amount from one side of the line to the other. Outcomes depend on the facts, but the weight is always worth scrutinizing.
Florida voters legalized medical marijuana, and a valid qualification under the state program can be a defense when the cannabis was obtained from a licensed source and held within the program's rules. The protection is not unlimited. The form of the product, the amount, where it is carried, and how it is stored in a vehicle all bear on whether the qualification covers a given situation. A patient who steps outside those boundaries can still face a charge. Whether a medical-marijuana defense applies to your case is a fact-specific question that turns on your documentation and the circumstances of the stop, and it is worth reviewing carefully rather than assuming the card ends the matter.
A marijuana arrest rarely arrives alone. Pipes, grinders, rolling papers, baggies, and scales can each support a separate paraphernalia count under section 893.147, Florida Statutes, with paraphernalia defined broadly in section 893.145. A larger quantity or the presence of scales and packaging can also prompt the State to charge possession with intent rather than simple possession. Each added count is its own question of proof, and each one is a place to push back.
Many cannabis arrests begin with a traffic stop and a claimed odor, or with a search of a car, a backpack, or a home. The Fourth Amendment governs whether the stop was lawful, whether the officer had grounds to search, and whether consent was freely given. When a search crosses those limits, the cannabis it produced can be suppressed, and a marijuana case without the cannabis usually cannot go forward. Mr. Syfert reads the stop and the search closely, because that is frequently where a cannabis case is won or lost.
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It depends on the weight. Twenty grams or less is a first-degree misdemeanor under section 893.13(6)(b), Florida Statutes. More than twenty grams is a third-degree felony under section 893.13(6)(a).
A valid Florida qualification can be a defense when the cannabis was obtained and held within the program's rules. The protection has limits, so whether it covers your case depends on the facts and your documentation.
Sometimes. When a stop or search violates the Fourth Amendment, the cannabis can be suppressed, and a case without the evidence often cannot continue. The stop and the search are worth a careful look.
The call is free and confidential. Whether it is a traffic citation or a felony, the sooner a defense begins, the more can be done. Graham W. Syfert answers his own phone.
Call 904-383-7448Graham W. Syfert, Esq., P.A. · Jacksonville, Florida
Serving Duval, Clay, Nassau, and St. Johns Counties