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growing marijuana in florida laws

Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.

However, possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution of cannabis.

In Florida, the crime of Cultivation of Cannabis is a Third Degree Felony punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.

Illegal Search and Seizure

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Cultivation of Cannabis are:

Under Florida Statute 893.13(1)(A)(2), the crime of Cultivation of Cannabis is committed when a person grows or cultivates cannabis plants for personal use.

Pursuant to Florida Statute 322.055, any person convicted of Cultivation of Cannabis will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV .

Penalties for Cultivation of Cannabis

If the cannabis was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements to convict a person of Cultivation of Cannabis: [1]

Cultivation of Cannabis is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Cultivation of Cannabis to probation, but may also impose a sentence up to the statutory maximum.

The proposed title is as follows: [2]

Text of measure

Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” [12]

Path to the ballot

(6) “Medical use” means the acquisition, possession, use, growing up to nine mature flowering marijuana plants and possessing the harvest therefrom, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.