Marijuana arrests in Fort Walton Beach and Destin catch a lot of people off guard, especially visitors who assume a small amount is not worth worrying about. Florida does not see it that way. In Florida, marijuana possession becomes a felony the moment you have more than 20 grams, and the penalties climb fast from there depending on the weight, the form of the drug, and where you were standing when police found it. I am Shawn Lupella, and I want to walk you through exactly where that line falls, because the number on a police report often decides whether you face a year in county jail or a decade in state prison.
Florida’s Marijuana Weight Limits, From Misdemeanor to Felony
Twenty grams is a small amount, close to what fits in a sandwich bag with a little room to spare. Under Florida Statute 893.13, that 20-gram mark is the entire dividing line between a misdemeanor and a felony.
| Amount | Charge | Maximum Penalty |
|---|---|---|
| 20 grams or less | First-degree misdemeanor | Up to 1 year in jail, $1,000 fine |
| More than 20 grams, up to 25 pounds | Third-degree felony | Up to 5 years in prison, $5,000 fine |
| 25 pounds up to 2,000 pounds (or 300 to 2,000 plants) | Second-degree felony (trafficking) | Mandatory minimum 3 years, up to 15 years, $25,000 fine |
| 2,000 pounds up to 10,000 pounds | First-degree felony (trafficking) | Mandatory minimum 7 years, up to 30 years, $50,000 fine |
| 10,000 pounds or more | First-degree felony, punishable by life | Mandatory minimum 15 years, up to 30 years, $200,000 fine |
The weight that matters is the total weight of the cannabis itself, including stems and seeds, not just the usable flower. Packaging materials do not count. Once police send a sample to the Florida Department of Law Enforcement crime lab, that measurement becomes the number your entire case turns on.
Concentrates and Edibles Carry Separate Felony Charges
Plant material is not the only form marijuana takes anymore, and Florida law treats concentrates differently. Resin, wax, shatter, vape cartridges, and THC edibles fall outside the definition of cannabis used for the 20-gram misdemeanor cutoff.
Picture a college student on spring break in Destin who gets pulled over with a vape cartridge holding two grams of THC oil. Two grams of dried flower would be a simple misdemeanor. Two grams of concentrate can be charged as a third-degree felony, because the statute excludes resin from the lighter cannabis penalty and treats it as a controlled substance on its own. This distinction surprises more people than almost anything else in these cases.
Enhanced Penalties Near Schools, Parks, and Child Care Facilities
Location can push a charge up a full degree. If you are found with marijuana within 1,000 feet of a place like a school, a park, or a child care facility, prosecutors can file enhanced charges that carry longer mandatory sentences than the same amount would carry anywhere else. A few things to know about these zones:
- The distance is measured from the property line, not the building itself.
- It applies even if the school or park was closed at the time.
- Prosecutors do not have to prove you knew you were inside the zone.
Fort Walton Beach and Destin both have residential neighborhoods built close to schools and parks, so this enhancement comes up more often than people expect.
When Simple Possession Becomes Trafficking
Once the weight crosses 25 pounds, or the plant count hits 300, Florida’s drug trafficking statute takes over. Trafficking charges do not require any proof that you intended to sell anything. Simply having that much cannabis in your car, your home, or a storage unit is enough for the state to file a first-degree felony trafficking charge, with a mandatory minimum sentence a judge cannot go below even for a first offense.
A Medical Card or Out-of-State Legality Does Not Change Florida Law
We hear this often from visitors: marijuana is legal where they live, or they hold a medical card from another state, so they assumed Florida would treat it the same way. It will not. Only a card issued through Florida’s own Medical Marijuana Use Registry provides any legal protection here, and even that protection has limits on where and how much you can possess. An out-of-state card carries no weight with an Okaloosa County deputy or a Walton County prosecutor.
If you were arrested with a medical card from another state, or you believed a small amount was legal here, call Lupella & Rehr at +1 (850) 362-6655 before you explain anything to police or prosecutors on your own.
The Added Risk for Eglin AFB and Hurlburt Field Personnel
Active duty service members and civilian contractors carry a second layer of exposure most residents do not. Federal security clearance guidelines require disclosure of any marijuana use on Section 23 of the SF-86, regardless of what a state charge results in, and a felony conviction can trigger both a UCMJ proceeding and a civilian court case for the same arrest. I have represented Eglin AFB and Hurlburt Field personnel who did not realize a misdemeanor could still cost them a clearance, let alone what a felony weight charge could do to a career. If you hold a clearance, the stakes in your case go well beyond the courtroom, and that needs to shape the defense strategy from day one.
How We Defend Marijuana Weight Charges in Okaloosa and Walton County
David Rehr spent years as a prosecutor in Okaloosa County before joining this firm, and he built these cases from the other side of the courtroom long enough to know where they break down. We look hard at constructive possession, meaning whether the state can prove you knew the marijuana was there and had control over it, especially in cases involving multiple people in a car or shared living space. We challenge how the stop and search happened in the first place, since an unlawful search can get the entire case thrown out regardless of what was found. We also scrutinize the lab report itself, because chain-of-custody mistakes and testing errors happen more often than most people assume.
If you or a family member has been arrested on a marijuana charge anywhere in Fort Walton Beach, Destin, or Crestview, do not wait to get advice. Call Lupella & Rehr at +1 (850) 362-6655 for a free case evaluation, and read more about how we handle felony possession or sale of marijuana cases and our broader drug arrest defense work in Okaloosa and Walton County. You can also see how possession of a controlled substance charges are handled differently from marijuana cases, and read our guide on choosing the right marijuana possession attorney or what happens after an Okaloosa County drug arrest for more on what to expect next.
Frequently Asked Questions About Marijuana Felonies in Florida
Is 20 grams the same as an ounce?
No. Twenty grams is slightly less than three-quarters of an ounce. An ounce is about 28 grams, which already places someone over Florida’s felony threshold.
Can a first-time felony marijuana charge be reduced to a misdemeanor?
Sometimes. Outcomes depend on the weight involved, your criminal history, and whether the search or arrest can be challenged. Many first-time cases resolve through diversion programs or negotiated reductions, but nothing is guaranteed without a review of the specific facts.
Does Florida count seeds and stems as part of the weight?
Yes. The statute measures the total weight of the cannabis plant material, which includes stems and seeds along with usable flower. Packaging does not count toward the total.
What happens if marijuana is found in a car with more than one person?
Prosecutors must prove each person knew about the marijuana and had control over it, a legal standard called constructive possession. Presence alone in the vehicle is not enough to convict everyone inside.
Can a felony marijuana conviction be expunged in Florida?
Most felony convictions cannot be expunged, though some arrests that did not result in conviction may qualify for sealing. Eligibility depends heavily on the outcome of your specific case.
If you are facing a marijuana charge anywhere in Okaloosa, Walton, or Santa Rosa County, the weight listed on your arrest report is only the starting point, not the final word. Lupella & Rehr has spent years defending these cases from both sides of the courtroom, and we know how to find the weak points in the state’s evidence. Call +1 (850) 362-6655 today for a free consultation and find out what your options look like.