Possession Over 20 Grams: Florida Statute 893.13 Penalties

Possession of cannabis over 20 grams in Florida is a third-degree felony under Florida Statute 893.13(6). It carries up to five years in state prison and a fine of up to $5,000, along with a mandatory six-month driver’s license suspension and a permanent federal ban on possessing firearms or ammunition. The weight alone controls the charge. The state doesn’t need to prove you intended to sell anything.

Why 20 Grams Is the Line

Florida’s controlled substance statute treats any unauthorized possession as a third-degree felony by default. Subsection (6)(b) carves out one exception: 20 grams or less of cannabis is a first-degree misdemeanor.¹ Anything above 20 grams falls back to the felony default because it no longer qualifies for the misdemeanor exception.

The gap between the two charges is enormous. A misdemeanor tops out at one year in county jail and a $1,000 fine.¹² A misdemeanor conviction doesn’t strip your civil rights, doesn’t trigger the federal firearms ban, and doesn’t carry the same employment consequences. The difference between 20 grams and 21 grams on a lab report is the difference between county jail and state prison.

The weight that counts is the lab-verified weight, not what a scale showed at the scene. That forensic report is often the most scrutinized piece of evidence in these cases.

Concentrates Are Not Cannabis Under This Subsection

The 20-gram exception defines “cannabis” as excluding resin extracted from cannabis plants and any compound or preparation made from that resin.¹ Wax, shatter, and other concentrates don’t get the misdemeanor treatment. Any amount without a valid prescription is charged as a third-degree felony from the start, regardless of weight.

Prison, Fines, and Probation

A third-degree felony in Florida carries a maximum of five years in state prison.² The court can also impose a fine of up to $5,000.³ First-time offenders without aggravating circumstances rarely receive the maximum, but the statutory exposure is real and gives prosecutors significant leverage during plea talks.

Felony probation runs up to two years by default, though judges can order longer terms when they believe the circumstances warrant it.⁴ Probation conditions for drug offenses typically include random drug testing, substance abuse counseling, community service, and payment of court costs and supervision fees. Violating a condition can result in the court revoking probation and imposing the underlying prison sentence.

Mandatory Driver’s License Suspension

Any drug conviction in Florida triggers a mandatory six-month driver’s license suspension. The court is required to direct it, and the rule applies to simple possession just as it does to sale or trafficking. The suspension lasts either six months or until you complete a drug treatment program approved by the Department of Children and Families, whichever comes first. If you show compelling circumstances, the court may allow a restricted license for business or employment driving only.⁵ If your license is already suspended for another reason at the time of conviction, the drug suspension is added on.

What the State Has to Prove

To convict you, the prosecution must establish three things beyond a reasonable doubt: the substance was cannabis, it weighed more than 20 grams, and you knowingly possessed it. Weight comes from laboratory testing.

Possession can be actual or constructive. Actual possession means the cannabis was on you or within immediate reach. Constructive possession applies when the substance is in a place you controlled, like a car trunk or a bedroom closet. Florida courts require three elements for constructive possession: you controlled the location, you knew the cannabis was there, and you were aware of its illegal nature. If the cannabis was found in a space accessible to multiple people, mere proximity is not enough. The state needs independent evidence tying you to knowledge and control, whether from statements you made, your behavior during the encounter, or physical evidence linking you to the exact spot where it was found.

Pretrial Intervention and Drug Court

For a first-time offender, the most important part of this whole picture is the possibility of avoiding a conviction altogether. Florida Statute 948.08 creates a pretrial substance abuse intervention program that can result in your charges being dismissed if you complete it. You’re eligible if you’re charged with felony possession of a controlled substance, have no prior felony convictions, and are not facing any charges involving violence. The program lasts at least one year and is overseen by the circuit’s chief judge.⁶

There’s a significant catch. If the state attorney believes the evidence suggests you were selling rather than just possessing, the court holds a hearing. If the prosecutor shows by a preponderance of the evidence that you were involved in distribution, the court must deny admission to the program.⁶ Packaging, scales, large amounts of cash, and multiple baggies can all be used to argue distribution even when you’re only charged with possession.

Drug court programs offer a similar path, typically running four to eighteen months depending on the circuit. Participants receive supervised treatment, attend regular court appearances, and submit to drug testing. Successful graduates may have their charges dismissed. Availability and requirements vary by judicial circuit.

Collateral Consequences

The criminal penalties are only part of the picture. A felony conviction creates a set of ongoing consequences that often prove more damaging than the sentence itself.

Firearms

Federal law permanently prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition. A Florida third-degree felony, punishable by up to five years, clearly triggers this ban.⁷ The prohibition is effectively permanent. Federal law technically allows the ATF to grant relief from firearms disabilities, but Congress has blocked the agency from spending any money to process those applications every year since 1992.⁸ The only remaining federal path is a presidential pardon.

Voting

Florida’s Amendment 4, passed in 2018, restored voting rights for most people with felony convictions once they complete all terms of their sentence, including probation and any financial obligations. Murder and felony sexual offenses are excluded. For a cannabis possession conviction, you lose the right to vote during your sentence and probation but can register again once everything is fully completed.

Employment and Professional Licensing

A felony drug conviction can disqualify you from many professional licenses. Healthcare, education, law enforcement, and financial services occupations commonly impose restrictions or outright bars on applicants with felony records. Licensing boards often evaluate whether the conviction is directly related to the duties of the occupation, but a drug felony casts a wide shadow. Even jobs that don’t require a license often screen for felony convictions.

Student Financial Aid

Drug convictions no longer affect eligibility for federal student aid. A felony cannabis possession conviction will not prevent you from receiving federal grants, loans, or work-study funding.⁹

Expungement and Record Sealing

If you’re convicted and adjudicated guilty of felony cannabis possession, you generally cannot expunge or seal that record under Florida law. The expungement statute requires that you were never adjudicated guilty of a felony in the state.¹⁰ This is why pretrial intervention matters so much. If you complete a diversion program and the charges are dismissed, you may qualify to have the record expunged because there’s no conviction. If adjudication was withheld under a plea deal, you may be eligible to seal the record instead, though that involves its own waiting periods and restrictions.

Where Trafficking Begins

Cannabis trafficking in Florida starts at 25 pounds, roughly 11,340 grams. Below that weight, you’re in felony possession territory. Above it, mandatory minimum sentences kick in and penalties escalate based on quantity tiers reaching up to 10,000 pounds or more. Anyone facing a possession charge should know where that line sits, because weight disputes and how the state counts packaging material can sometimes push a case closer to the boundary than expected.

1
Justia Law. Florida Code 893.13 – Prohibited Acts; Penalties
2
Florida Senate. Florida Code 775.082 – Penalties; Applicability of Sentencing Structures
3
Florida Senate. Florida Code 775.083 – Fines
4
Online Sunshine. Florida Code 948.04 – Terms and Conditions of Probation
5
Florida Senate. Florida Code 322.055 – Revocation or Suspension of License
6
Florida Senate. Florida Code 948.08 – Pretrial Intervention Program
7
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
8
Bureau of Alcohol, Tobacco, Firearms and Explosives. Most Frequently Asked Firearms Questions and Answers
9
Federal Student Aid. Eligibility for Students With Criminal Convictions
10
Online Sunshine. Florida Code 943.0585 – Court-Ordered Expunction of Criminal History Records