In Jacksonville, marijuana remains illegal for adult recreational use. That means being caught with cannabis outside Florida’s medical program can trigger criminal penalties under state law—and sometimes additional local processes. What happens next usually depends on (1) how much is involved, (2) what form it’s in (flower vs. concentrates), (3) whether police believe there was intent to sell, and (4) where the incident occurred.
The most common charge: 20 grams or less (misdemeanor)
Florida law treats possession of 20 grams or less of cannabis (flower) as a first-degree misdemeanor. The statutory maximum penalty for a first-degree misdemeanor is up to 1 year in jail and up to a $1,000 fine. Even when no jail time is imposed, a conviction can still create a criminal record and bring probation, court costs, and other conditions.
More than 20 grams: the case can become a felony
Once the amount goes over 20 grams, marijuana possession can move into felony territory. In Florida, a third-degree felony carries a statutory maximum of up to 5 years in prison and up to a $5,000 fine (though outcomes vary by case facts and criminal history).
Concentrates (vape oil, wax, “dabs”) can be treated more harshly
A major “gotcha” in Florida is that cannabis concentrates are often charged differently than flower. Because Florida’s statutory definition of “cannabis” for the under-20-grams misdemeanor excludes resin/extracts, concentrates can be prosecuted as felony controlled-substance possession even in small amounts.
Paraphernalia still matters
Items such as pipes, grinders, or certain vape devices can lead to a drug paraphernalia charge. Under Florida law, drug paraphernalia offenses are generally treated as first-degree misdemeanors, carrying up to 1 year in jail and up to a $1,000 fine.
Sale, delivery, and “intent to sell” raise the stakes
Florida law punishes sale/delivery and possession with intent to sell much more aggressively than simple possession, and penalties can increase further if the conduct occurs in specially protected areas (such as certain zones near schools or parks).
Trafficking is weight-based and can trigger mandatory prison time
At higher quantities, Florida’s trafficking statute can apply and carries mandatory minimum prison sentences and large fines based on weight thresholds. These cases are high-stakes and move far beyond “simple possession.”
Jacksonville-specific note: civil citation may be possible in limited situations
Jacksonville has discussed and pursued civil citation-style alternatives for small-quantity possession, which can mean a fine or community service instead of a criminal arrest in some cases. Importantly, these programs (when used) are typically discretionary and fact-specific—so people should not assume a civil ticket is guaranteed.
This article is general information, not legal advice. Anyone charged should consider speaking with a Florida-licensed criminal defense attorney for guidance specific to their situation.