Marijuana regulation is changing around the United States. Some states allow individuals to grow marijuana at home for their personal use, and some states allow the use of marijuana for recreational purposes. However, the most important fact to note in the discussion, especially when it comes to marijuana and Florida, is that it's still illegal in our state no matter if it's grown, bought or sold.
When it comes to the cultivation of marijuana, those accused of this crime should know that the charges are particularly severe. Those accused of marijuana cultivation could also find themselves facing additional narcotics-related charges, like drug trafficking or intent to traffic drugs. These kinds of allegations might be brought against a Florida resident, even if he or she was only found to be growing a single marijuana plant.
When defending an accused person against marijuana-related crimes, the prosecution will usually present evidence gathered during the search and seizure operation that resulted in the person's arrest. Since this evidence is usually crucial to convict the individual, defense attorneys will usually investigate whether any procedural rules or laws were violated when police performed their search. If police did not execute the search warrant appropriately, then the evidence gathered at the time of arrest might be rendered inadmissible so it cannot be used against the defendant.
At the Figueroa Law Firm, PA, we always explore and investigate every avenue of defense that could assist our clients in their criminal law cases. We then discuss those potential defense paths with our clients to determine the one that is best suited to fit the goals they have for their criminal defense.
Source: The Figueroa Law Firm, PA, "Drug cultivation and grow houses," accessed Sep. 16, 2016