Marijuana enforcement is shaped less by “Naples-only” rules and more by Florida’s statewide criminal statutes—then applied day-to-day by local agencies such as the Collier County Sheriff’s Office (unincorporated Collier County) and the Naples Police Department (within city limits). Practically, enforcement most often begins the same ways other low-level drug cases begin: a traffic stop, a complaint call (odor, smoke, disturbance), a public-area contact, or follow-up policing tied to other alleged offenses (like impaired driving, probation checks, or warrants).
What officers look for during street-level enforcement. Deputies and officers focus on three core questions: (1) Is the person legally authorized to possess marijuana under Florida’s medical program? (2) What form and amount is involved? and (3) Is there evidence of sale, delivery, or other criminal activity? Florida law draws a bright line at 20 grams of cannabis for the most common “simple possession” charge. Under Florida Statute 893.13(6)(b), possession of 20 grams or less of cannabis is a first-degree misdemeanor.
Searches, probable cause, and the role of odor. Like elsewhere in Florida, vehicle and person searches in Naples still depend on constitutional rules (probable cause, consent, warrants, and recognized exceptions). Notably, Florida appellate decisions in 2025 have been widely reported as tightening the idea that odor alone automatically justifies a vehicle search, pushing officers toward a “totality of circumstances” approach rather than smell by itself.
Diversion vs. arrest. For some low-level cases—especially involving youth—law enforcement may steer eligible individuals toward civil citation / diversion-style programs instead of a traditional arrest, depending on circumstances and local practices.
Penalties for breaking marijuana laws in Naples
- Simple possession (flower): 20 grams or less
This is typically charged as a first-degree misdemeanor under § 893.13. The maximum statutory penalty is generally up to 1 year in jail and fines consistent with first-degree misdemeanors. - Possession over 20 grams
Possession of more than 20 grams is commonly charged as a felony under § 893.13, and it can escalate quickly in seriousness—especially when tied to intent to sell, packaging, scales, large cash, or other factors. - Concentrates, vapes, and edibles (the “form matters” trap)
Florida’s statute language defining “cannabis” for the under-20-gram misdemeanor excludes certain resin/extract preparations, which is one reason concentrates can be treated more harshly than people expect. - Paraphernalia
Possessing or delivering drug paraphernalia is separately criminalized under § 893.147, and it can be charged on top of a possession case. - Driver’s license consequences
Drug convictions can also trigger driver’s-license consequences under Florida law—even when the case didn’t involve driving. - Medical marijuana limits and “where you can use it”
Even qualified patients must follow Florida’s medical program rules. Florida law restricts use or administration in certain locations, including public places and transportation exceptions spelled out in the medical statute.
Note: This article is informational and not legal advice. For a specific Naples/Collier County situation, a Florida-licensed attorney can interpret the exact facts, weights, and charging decisions.
