Posted on

florida weed growing 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.

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]

Illegal Search and Seizure

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.

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]

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

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.

If you have been charged with the crime of Cultivation of Cannabis in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.

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

The requirements to get an initiative certified for the 2022 ballot: