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punishment for growing weed

Punishment for growing weed

A simple conviction under HS 11358 does not negate a defendant’s gun rights.

A defendant can beat a charge under this statute with a legal defense. Common defenses include:

This is known as “deferred entry of judgment (DEJ).”

5.3. Unlawful search and seizure

Parental kidnapping, or custodial interference, is the crime of knowingly taking a child away from the person who has lawful custody. In most cases, it is a Class 5 felony in Colorado. The line between parental kidnapping and a minor custody violation, though, is murky under Colorado law. What is parental kidnapping? CRS 18-3-304 defines .

any marijuana or any part thereof. 4

2.2. Drug treatment

Authorities cannot conduct a search or take property without a valid search warrant. If no warrant, then they must have a legal excuse for not having one. If the police:

The crime is punishable by:

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]

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]

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.

Medical Necessity

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:

Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Cultivation of Cannabis.

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 .

Lack of Knowledge

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.

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.