In Florida, a cannabis encounter with law enforcement can end in two very different ways: being cited or being charged. While the terms are often used interchangeably in conversation, they describe different legal paths with different consequences. Knowing the distinction can help people better understand what they’re facing—and how seriously to take the situation.
What it means to be cited for cannabis
Being cited generally means law enforcement chose not to take someone to jail at the time of the encounter. One common form is a Notice to Appear (NTA). An NTA requires the individual to appear in court on a specific date and time. While it may resemble a ticket, it is still a criminal court summons. Ignoring it can result in a warrant being issued.
In some Florida counties or cities, a citation may instead fall under a civil citation or pre-arrest diversion program. These programs allow eligible individuals—often first-time offenders accused of possessing small amounts of cannabis—to avoid arrest by completing certain requirements. These can include education classes, community service, or administrative fees. If completed successfully, the case may be closed without a traditional criminal conviction.
It’s important to understand that not all jurisdictions offer civil citations, and even where they exist, participation is not automatic. Officer discretion, local policy, and eligibility rules all play a role.
Bottom line: Being cited often means less immediate disruption, but it still creates legal obligations that must be taken seriously.
What it means to be charged
Being charged means the state is formally accusing someone of committing a crime and is pursuing a criminal case. This usually follows an arrest, though charges can sometimes be filed after a notice to appear or further investigation.
Under Florida law, possession of 20 grams or less of cannabis is generally treated as a misdemeanor offense. While this may sound minor, a charge can lead to arrest, booking, fingerprints, court appearances, legal expenses, probation, and a criminal record if the case ends in a conviction.
Once charged, a person enters the full criminal justice system. Even if the case is later dismissed, the arrest record itself can still cause issues unless it is sealed or expunged.
Why outcomes differ
Florida does not have a single statewide policy that requires officers to issue citations instead of arrests for cannabis possession. Whether someone is cited or charged can depend on:
- the city or county where the incident occurs,
- whether a local civil citation or diversion program exists,
- law enforcement agency policies,
- prior criminal history,
- the circumstances of the stop, including location and additional alleged violations.
For juveniles, Florida law requires each judicial circuit to have a pre-arrest diversion program for certain misdemeanor offenses, making citations more common for minors than adults.
The practical difference
In everyday terms:
- Citation: usually avoids jail time and may offer a diversion option but still requires strict compliance with court dates or program rules.
- Charge: involves higher stakes, greater disruption, and a higher risk of long-term consequences if it results in a conviction.
Final takeaway
Whether cited or charged, cannabis enforcement in Florida should never be brushed off as “no big deal.” Paperwork, deadlines, and eligibility requirements matter. Missing a court date or failing to complete a diversion program can turn a minor situation into a serious legal problem.
This article is for general informational purposes only and does not constitute legal advice.
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