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Top Marijuana Defense Attorney Jason Cromey, Esq. on:
Sale or Delivery of Cannabis: F.S. 893.13(1)-(2)

Sale or Delivery of Cannabis (marijuana) – The sale of cannabis, also known as marijuana, is almost always a third-degree felony. However, selling marijuana within 1000 feet of specific places, like schools, parks, churches, or convenience stores, it can be charged as a second-degree felony.

Under Florida law, it makes no difference whether you sell (transfer the drug to another person in exchange for something of value, like money) or deliver it (actual, constructive, or attempted transfer from one person to another).

There is one exception to this rule: if you give someone less than 20 grams of marijuana and don’t get any money for it, the charge is only a first-degree misdemeanor. For example, if you gave your friend a joint for free, you would be committing a misdemeanor. If your friend gives you five dollars for the joint, you’ve committed a felony.