Navigating Florida’s Complex Marijuana Laws: How Fort Lauderdale Cultivation Attorneys Can Help

Florida has a complicated history with marijuana laws. While medical marijuana is now legal, recreational use remains illegal under state law. However, laws regarding cultivation—growing marijuana plants—are especially complex and carry serious penalties if violated. That’s why working with an experienced Fort Lauderdale cultivation lawyer is essential if you plan to grow marijuana plants in Florida.

Let’s break down Florida’s current marijuana cultivation laws and take a compassionate look at how Fort Lauderdale attorneys approach defending clients accused of illegal grow operations.

Florida’s Medical Marijuana Laws: It’s Legal to Grow With a License

In 2016, Florida voters approved Amendment 2, legalizing medical marijuana for patients with certain debilitating conditions like cancer, PTSD, Crohn’s disease, and more. Under the law, licensed dispensaries can sell certain marijuana products to registered patients.

The amendment also allows licensed medical marijuana treatment centers (MMTCs) to grow marijuana plants for medical use. However, licensing is tightly controlled, with only 22 MMTC licenses currently issued in the state. Home cultivation by patients or caregivers remains illegal in Florida.

So if you want to legally grow marijuana in Florida, obtaining an MMTC license is essential. The application process is complex, requiring significant legal and financial resources. That’s why most hopeful MMTCs partner with law firms like Greenspoon Marder LLP, which has attorneys experienced in Florida’s medical marijuana industry.

Without an MMTC license, growing marijuana—even for medical use—is illegal under Florida law and can lead to criminal charges.

What About Recreational Marijuana Cultivation? It’s Risky Business in Florida

While over 15 states have now legalized recreational marijuana, Florida is not one of them. Under Florida statute 893.13, recreational marijuana remains illegal, including growing cannabis for personal use.

However, Florida law does distinguish between marijuana possession and cultivation charges:

• Possession of 20 grams or less of marijuana is a misdemeanor offense.
• Cultivating even a single marijuana plant remains a felony charge in Florida.

Unlike some states that have decriminalized home grows under certain plant number limits, Florida has no allowances for recreational home cultivation. Growing even one cannabis plant puts you at risk of third-degree felony charges under Florida statute 893.13.

The consequences? Up to five years in prison and $5,000 in fines if convicted. Not worth it for a few backyard weed plants.

Defending Against Marijuana Cultivation Charges in Fort Lauderdale

If you’ve been arrested for growing marijuana plants in Florida, working quickly with an experienced criminal defense lawyer is critical. Fort Lauderdale cultivation attorneys have defended all types of marijuana grow operations, from small closet grows to expansive farmland setups.

Your lawyer’s defense strategy will depend on the specifics of your case. Common options include:

Questioning probable cause for the search. If police didn’t have valid reasons to search your property and find marijuana plants, an attorney can often get evidence and charges dismissed.

Arguing personal use in small grows. While still illegal, courts sometimes show more leniency for small closet or greenhouse grows intended for personal medicinal use rather than distribution supply.

Seeking record expungement. For some first-time offenders, attorneys may negotiate plea deals resulting in reduced or dismissed charges upon completion of probation. This makes patients eligible for record expungement down the road.

Proving MMTC licensing in progress. If you have a pending MMTC license application, you may avoid charges by proving you intended to cultivate marijuana legally pending approval.

An experienced marijuana defense lawyer like David Weinstein understands the nuances between federal, state, and local marijuana laws. They can build the strongest case possible given your specific cultivation activities.

Florida’s Uncertain Future: Will Recreational Marijuana Be Legalized?

While marijuana remains illegal for recreational use in Florida today, public opinion and political winds are gradually shifting. According to October 2022 polling by the University of North Florida, over 60% of Floridians now support legalizing recreational marijuana.

Support is especially high among younger demographics, with around 75% of Floridians under 35 in favor of adult-use legalization. Politicians on both sides of the aisle are taking notice.

Some predict Florida could legalize recreational marijuana use as early as 2024 through new voter-led initiatives or legislative action. For now, though, growing marijuana without proper MMTC licensing remains illegal and punishable as a felony criminal offense.

Trust an Experienced Fort Lauderdale Marijuana Cultivation Lawyer

As long as marijuana cultivation laws remain complex and evolving in Florida, having an experienced criminal defense attorney in your corner is critical. Fort Lauderdale marijuana lawyers like Steinger, Greene, and Feiner understand both existing Florida statutes and how they may change if recreational use becomes legalized.

They can build smart legal strategies accounting for the latest medical marijuana licensing rules and nuances in Florida case law precedents regarding cultivation. Their personalized representation maximizes the chance of reduced or dismissed charges.

Every marijuana grow case involves unique circumstances. But an empathetic Fort Lauderdale cultivation lawyer will always start by listening to your story first. From there, they can offer honest legal advice on the smartest path forward given the specifics of your cultivation activities. They remain by your side, aggressively defending your rights at every step through arrest, court hearings, trial, sentencing, and potential appeals.

If you face felony marijuana cultivation charges, don’t delay finding an experienced attorney. Florida’s complex and evolving cannabis laws mean there are often strong options for reduced penalties, record expungement for first time offenders, and even dismissed charges when defenses around improper searches or licensing technicalities apply. Invest in expert legal advice—it can make all the difference.