When Marijuana Charges Trigger Felony Weapons Offenses in Florida

When Shawn Ryan joked with Governor Gavin Newsom about bringing THC gummy bears to his podcast—while gifting him a firearm—he unknowingly highlighted one of Florida's most dangerous legal traps. Here's what you need to know about how Florida Statute 790.07(2) can turn a simple marijuana charge into a serious felony weapons offense.

The Shawn Ryan Show: A Real-World Example

Watch Attorney Jeff Lotter break down this exact scenario and reveal shocking data about marijuana-firearm arrests in Central Florida:

Attorney Lotter analyzes the legal implications of the Shawn Ryan/Gavin Newsom exchange and shares exclusive arrest data from Central Florida.

What Happened on the Podcast:

During the podcast, Shawn Ryan gave Governor Newsom a California-compliant firearm. When Ryan joked, "I wish you would have brought me some THC gummy bears," he unknowingly illustrated a scenario that could result in 20 years in prison if it occurred in Florida.

As I explain in the video above, Florida government as a whole does not like marijuana, and they certainly don't like combining marijuana and firearms. The data I've collected from Central Florida courts reveals a disturbing pattern that every gun owner needs to understand.

Understanding Florida Statute 790.07(2)

Florida Statute 790.07(2) makes it a second-degree felony for any person to conceal carry a firearm while committing or attempting to commit any felony. This is where marijuana charges become critical—if the marijuana charge qualifies as a felony, it can serve as the underlying offense that triggers enhanced weapons penalties.

Key Legal Point:

The statute doesn't require you to use the weapon during the drug offense. Mere possession of both the marijuana (in felony amounts) and the weapon simultaneously is enough to trigger the enhanced charges.

When Marijuana Possession Becomes a Felony in Florida

Under Florida law, marijuana possession becomes a felony when:

Possession of more than 20 grams of cannabis (FSS 893.13(6)(a))
Possession with intent to sell or deliver any amount (FSS 893.13(1)(a))
Cultivation of any amount of marijuana plants (FSS 893.13(1)(a))
Trafficking (25+ pounds or 300+ plants) (FSS 893.135)
ANY amount of THC concentrates (vape pens, gummies, oils) without a medical card

🚨 Critical Warning for Gun Owners:

THC gummy bears, vape pens, and other concentrates are ALWAYS felonies in Florida without a medical marijuana card—regardless of amount. As I discovered in my data analysis, having a THC vape pen in your center console and a concealed firearm on your hip can result in:

• 3rd degree felony for the THC
• 2nd degree felony for the firearm possession during a felony
• Maximum exposure: 20 years in prison

⚠️ Common Scenario:

A person is stopped for a traffic violation. The officer finds:

• 22 grams of marijuana (just over ¾ ounce) OR
• A single THC vape pen OR
• A few THC gummies

Plus a legally owned firearm in the vehicle. What could have been a simple drug charge now becomes multiple felonies with potential for 10-20 years in prison.

The Dangerous Combination: Drugs + Guns = Enhanced Penalties

Florida's 10-20-Life Connection

As mentioned in the video, these charges put you "in the same ballpark" as Florida's notorious 10-20-Life laws. The key difference? The 10-20-Life law requires the underlying felony to be a forcible felony. But you're just one step away from these mandatory minimum sentences when you combine drugs and guns.

Without a Weapon:

• Possession of 22 grams of marijuana: 3rd degree felony
• Maximum penalty: 5 years prison, $5,000 fine
• Typical first offense: Probation or diversion program

With a Weapon Present:

• Same marijuana charge PLUS FSS 790.07(2): 2nd degree felony
• Maximum penalty: 15 years prison, $10,000 fine
• Mandatory minimum sentences may apply
• Loss of gun rights
• Ineligible for many diversion programs

Real-World Implications

Common Situations Where This Applies

Traffic Stops: Driver has personal use marijuana (over 20g) and a concealed carry permit with firearm
Home Searches: Police find marijuana plants and homeowner's legally owned firearms
Vehicle Searches: Passenger has felony amount of marijuana, driver has legal firearm
Consensual Encounters: Person admits to having both marijuana and a weapon

Defense Strategies for Combined Drug-Weapon Charges

When facing these enhanced charges, several defense strategies may apply:

1. Challenge the Underlying Felony

Contest the weight of the marijuana (was it properly measured?)
Challenge constructive possession arguments
Dispute intent to sell allegations
Attack the legality of the search

2. Separate the Weapon from the Drug Offense

Argue the weapon wasn't possessed "during" the drug offense
Show lack of knowledge of the weapon's presence
Demonstrate the weapon was stored separately and inaccessible

3. Constitutional Challenges

Fourth Amendment violations (illegal search and seizure)
Miranda violations
Constructive possession defenses

Important Considerations for Gun Owners

For Legal Gun Owners:

• Having a concealed carry permit doesn't protect you from FSS 790.07(2) charges
• Legal ownership of the firearm is not a defense to this charge
• The Second Amendment doesn't override criminal statutes regarding weapons during felonies
• Medical marijuana cards do NOT legalize all forms of possession

Understanding the Stakes

A conviction under FSS 790.07(2) carries severe consequences beyond prison time:

Permanent felony record affecting employment and housing
Loss of voting rights until civil rights are restored
Permanent loss of gun rights under federal law
Immigration consequences for non-citizens
Professional license impacts for many careers
Difficulty obtaining student loans and financial aid

What to Do If You're Facing These Charges

Immediate Steps:

Exercise your right to remain silent - Don't try to explain the situation
Request an attorney immediately - These are complex charges requiring experienced defense
Do not consent to searches - Make officers get a warrant
Document everything - Write down what happened while it's fresh
Preserve evidence - Including any video, receipts, or witness information

The Lotter Law Advantage: Data-Driven Defense

At Lotter Law, we leverage our comprehensive analysis of Orange County arrest data to identify patterns in how these cases are charged and prosecuted. As revealed in the video above, our data shows:

Key Findings from Our Data Analysis:

• 30 people charged with possession of marijuana over 20 grams
• 25 people charged with similar possession of cannabis charges
• These marijuana charges were the highest secondary offenses in weapons cases (excluding misdemeanors)
• A small number of officers are making a large portion of these arrests
• Most cases don't qualify for first-time offender programs due to the 2nd degree felony charge

This data-driven approach, combined with Attorney Jeff Lotter's experience as a former State Trooper and Deputy Sheriff, provides unique insights into defeating these charges.

💡 Grandma's Wisdom (Updated for 2025):

"19 grams of prevention is worth $7,500 in legal fees."

If you're a responsible marijuana user and gun owner using only for personal use, there's no need to carry over 20 grams. Stay under the felony threshold to avoid the enhanced weapons charge.

Recent Legislative Considerations

While Florida has made some reforms to marijuana laws, including expanding medical marijuana access, the state still maintains strict penalties for non-medical possession over 20 grams. Recent legislative sessions have not changed the felony threshold or the application of FSS 790.07(2) to drug offenses.

⚠️ Important Medical Marijuana Card Warning:

Did you know that if you're charged with a drug-related offense, your medical marijuana card is suspended? The law recently changed, creating even more complications for cardholders who find themselves facing charges.

Even with changing attitudes toward marijuana nationwide, Florida law enforcement continues to aggressively prosecute weapons charges enhanced by drug offenses. Don't assume that marijuana reform efforts in other states protect you from these serious felony charges in Florida.

Facing Drug and Weapon Charges?

The combination of drug and weapon charges creates a complex legal situation requiring immediate, experienced defense. With mandatory minimums and enhanced penalties at stake, you can't afford to wait.

Call Now: 407-500-7000

Protecting Your Rights and Freedom

The intersection of drug laws and weapons statutes creates dangerous legal territory for Florida residents. What many consider minor marijuana possession—or what Shawn Ryan casually joked about with Governor Newsom—can trigger severe felony penalties when combined with lawful gun ownership. Understanding these laws—and having experienced defense when charged—can mean the difference between probation and prison.

Remember, the prosecution must prove every element of these charges beyond a reasonable doubt. With the right defense strategy, it's possible to challenge the charges, suppress evidence, or negotiate for reduced penalties that protect your future.