Miami Cultivation of Marijuana Lawyers: A Friendly Guide
So you got busted growing some weed in Miami? Don’t freak out! Lots of folks find themselves in hot water over marijuana these days, even though attitudes about cannabis are changing fast. Getting caught cultivating cannabis can lead to some pretty serious criminal charges in Florida, but a good marijuana lawyer can help. I’m here to give you the 411 on marijuana cultivation laws in Miami, what defenses may work for you, and how to find a compassionate legal advocate.
A Quick History of Florida’s Marijuana Laws
Florida’s had some of the harshest marijuana laws in the U.S. for decades now. The state banned cannabis completely in 1923, and possession of even small amounts has been a criminal offense since then. Jail time for simple possession kicked off in the 1970s with Florida’s Comprehensive Drug Abuse Prevention and Control Act.
In 2014, Florida legalized low-THC/high-CBD marijuana for medical use by certain very sick people. And in 2016 we got a pretty narrowly written constitutional amendment allowing full medical marijuana. But recreational cannabis is still totally illegal here.
This means getting busted growing your own weed – even just a few plants – can still land you felony charges for manufacture and cultivation in Florida. Not cool.
Common Marijuana Cultivation Charges
If you’re facing criminal charges for growing cannabis in Miami, they might include:
- Manufacture of Cannabis – Felony charge for growing 7 or more plants, including “manufacturing” extracts and concentrates. This charge can get you up to 15 years behind bars.
- Cultivation of Cannabis – Growing fewer than 7 plants, but still a felony with max 5 year prison sentence.
- Possession of Cannabis – Misdemeanor possession if you have less than 20 grams. But if you’re caught with over 20 grams they’ll charge you with felony cannabis possession.
- Drug Paraphernalia Possession – Having grow lights, hydroponic systems, etc. Unfortunately also a criminal charge.
- Trafficking in Cannabis – If you’re accused of growing to sell, they’ll hit you with drug trafficking charges. We’re talking big fines and minimum mandatory sentences. Not good.
Defenses Against Marijuana Cultivation Charges
The penalties for growing cannabis in Florida are still harsh, but a good lawyer can help! Possible defenses to marijuana cultivation charges include:
Medical necessity – If you legitimately need marijuana for a medical condition, this defense argues you shouldn’t be punished for meeting your medical needs. Florida does let some patients legally use medical marijuana now.
Religious freedom – Argues that criminalizing your cultivation of cannabis violates your religious beliefs. For example, Rastafarians use marijuana as a sacrament.
Unlawful search – If police didn’t have a legal reason (probable cause and a warrant) to search your property and find your plants, the evidence may get thrown out!
Personal use – For small numbers of plants and amounts of marijuana, you may be able to argue it was just for personal use, not distribution.
False statements – If police made mistakes or lied in your arrest report, your lawyer can challenge the credibility of the charges.
Entrapment – If you were illegally coerced or manipulated into committing a marijuana offense, this may beat the charges.
An experienced cannabis lawyer knows how and when to use these defenses effectively!
Finding a Great Miami Marijuana Cultivation Lawyer
If you or someone you care about got arrested for growing pot in Miami, I know you must be scared and stressed. But a compassionate lawyer can help! Here’s how to find the best legal advocate:
- Look for a criminal defense attorney with specific experience fighting marijuana cultivation charges. Cannabis law expertise is a must!
- Ask about their track record getting marijuana charges reduced or dismissed. You want someone who regularly wins these cases.
- Make sure they seem genuinely caring and interested in YOU – not just your money. You need a lawyer on your side!
- Find out if they have resources like relationships with drug counselors and addiction specialists. Holistic help is ideal.
- Ask what fee structures they offer. Many lawyers work on payment plans or delayed payment.
- Read online reviews and talk to past clients to confirm they’re trustworthy and get results.
With an open-minded, knowledgeable cannabis lawyer on your team, you’ve got a fighting chance, even in Florida’s outdated marijuana laws. Don’t lose hope – help is out there! Reach out anytime if you need a friendly ear or have more legal questions. Wishing you the best!