Cannabis enforcement is primarily governed by Florida state law (not a unique city ordinance). For consumers in Fort Myers, the penalties depend on what is possessed (plant material vs. resin/concentrates), how much, and whether police believe there is intent to sell or other aggravating circumstances.

The most common charge: 20 grams or less (plant-form cannabis)

Under Florida law, possession of 20 grams or less of “cannabis” is a first-degree misdemeanor. In Florida, a first-degree misdemeanor is punishable by up to 1 year in jail, and fines can reach $1,000.
Even when a case does not result in maximum penalties, consumers should understand that a misdemeanor cannabis arrest can still lead to court costs, probation conditions, and a permanent record unless a person qualifies for—and successfully completes—an alternative resolution in their specific case.

When it becomes a felony: more than 20 grams or cannabis concentrates

Florida draws an important legal line around what it calls “cannabis.” The statutory definition for the 20-grams-or-less misdemeanor does not include resin extracted from cannabis (or preparations of that resin)—which is the bucket many concentrates can fall into.

Separately, Florida law provides that possession of a controlled substance (unless lawfully obtained or authorized) is generally a third-degree felony. A third-degree felony in Florida is punishable by up to 5 years in prison, and fines can reach $5,000.
In practical terms, this is why consumers in Fort Myers should be especially cautious about vape cartridges, wax, shatter, and other high-THC extracts: the “it’s just weed” assumption can carry felony-level exposure under Florida’s framework.

Drug paraphernalia can be charged separately

Items associated with use (for example, certain pipes or other devices) can also trigger a paraphernalia charge. Florida’s paraphernalia statute makes violations a first-degree misdemeanor, which carries up to 1 year in jail and up to $1,000 in fines under the general penalty statutes.

Large quantities and trafficking thresholds

At higher quantities, Florida’s cannabis trafficking statute can apply, and it includes mandatory minimum prison sentences and substantial fines. For cannabis, trafficking thresholds start at more than 25 pounds (or 300 or more plants), with escalating mandatory minimums and fines as weight or plant counts increase.

Key takeaway for Fort Myers consumers

The penalty risk in Fort Myers is less about “city rules” and more about Florida’s charging categories: small amounts of plant cannabis are typically misdemeanor territory, while quantity, concentrates or resin, paraphernalia, or evidence suggesting sales can rapidly escalate a case into felony exposure under state law.

This article is informational and not legal advice. For guidance on a specific situation, a Florida-licensed attorney is the appropriate resource.