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punishment for growing weed

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.

Pursuant to Florida Statute 893.1351(4), possession of less than 25 cannabis plants is assumed to be for personal use absent additional evidence to suggest it was intended for sale or distribution.

The defense of medical necessity can be used when a person suffers from a physical illness or ailment for which there was no lawful medication available to properly treat the illness or ailment and cannabis was the only substance that could relieve the pain or suffering of the person. [4]

It is an affirmative defense to the crime of Cultivation of Cannabis if you can prove that you did not know the plants you were growing were cannabis plants. Because knowledge is an affirmative defense, you would be required to testify a lack of knowledge of the substance’s illegal nature. [3]

Lack of Knowledge

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 .

More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.

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.

Personal Use Threshold

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.

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]

If you or someone you know has been charged with marijuana cultivation, the skilled criminal defense attorneys at Hoffman & Associates can help. There are several defenses available for a person charged with marijuana cultivation, including:

The marijuana laws in California are complex and you need a solid, professional defense attorney by your side if you are facing marijuana cultivation charges. The criminal defense lawyers at Hoffman & Associates have over 30 years of courtroom experience and have represented hundreds of clients facing offenses related to marijuana in California. Contact us today to schedule a consultation to discuss the facts of your case and learn about your legal rights when it comes to marijuana cultivation.

Under the California Health and Safety Code §11358, it unlawful for any person to manufacture or grow marijuana. The law covers any acts associated with the growth or manufacture of marijuana, including cultivating the plants in soil, harvesting the plants, and processing the marijuana.