Fighting Marijuana Cultivation Charges
It is illegal to possess and grow marijuana plants in the state of Florida. Even if you do not intend to sell any of the product and are only cultivating plants for personal use, growing marijuana for any reason is a felony.
Recently, the legal definition of a “grow house” has changed to include smaller amounts of plants, and charges for possessing or cultivating marijuana plants have become more severe. If you have been arrested for drug related charges involving growing marijuana, you should consult a criminal defense attorney with expertise in drug crime defense.
Changes to the “Grow House” Classification
In 2008, Florida law regarding the cultivation of marijuana changed significantly. Prior to this new law, a person had to possess at least 300 marijuana plants to be considered a grow house. They therefore had to be involved in large-scale production of marijuana to receive severe felony penalties for marijuana cultivation. Under the new law, however, any person cultivating 25 or more marijuana plants can be arrested for grow house activities.
Being charged with operating a grow house for marijuana cultivation is a more serious charge than growing a few plants, but now applies to even small scale growers who may be growing plants only for personal use. A conviction for grow house operation charges includes heavy fines and up to 30 years in prison.
The Importance of a Good Legal Defense
The fourth amendment of the U.S. Constitution protects all citizens from improper search and seizure. If the police did not legally have the right to enter your home or did not have probable cause initially to arrest you, then the evidence against you may be thrown out due to illegal search procedures.
An experienced criminal defense lawyer will examine every piece of evidence against you to see if it was illegally obtained. If you were involved in a sting operation, you may be a victim of entrapment, another illegal procedure. A good attorney will aggressively cross-examine any witnesses and police involved to find these and other weaknesses in the case brought against you.
For More Information
If you have been arrested for growing marijuana, you should contact a criminal defense lawyer who is trained to look for rights violations in your case. Until you have examined all of your defense options, you should not plead guilty to marijuana cultivation charges. For more information on preparing a sound legal defense, please visit the website of West Palm Beach drug defense attorneys Eric N. Klein & Associates, P.A. here.
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