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growing weed in florida legally

The group believes it is a constitutional right for Floridians to have access to cannabis whether they are medical patients or not.

She admits legalizing marijuana recreationally could cost her some patients; she still supports the idea.

LEE COUNTY, Fla. – What if you could turn your work shed into a legal marijuana grow house? It’s really a possibility that Florida voters may get a chance to vote on it next year.

“The focus needs to be getting these [petitions] in the hands of voters,” Joyce said. “We’re going to mail these out.”

“If you grow it yourself you have the ability to use it raw, and when you use it raw, it doesn’t have any psychoactive effect,” Dr. Auld said.

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.

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 .

However, possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution of cannabis.

Illegal Search and Seizure

Cultivation of Cannabis is assigned a Level 3 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Cultivation of Cannabis to probation, but may also impose a sentence up to the statutory maximum.

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.

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]

Driver License Suspension

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]

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

Recreational marijuana in Florida

To obtain a medical marijuana license, potential patients must meet with a qualified physician and be diagnosed with a qualifying condition. Medical marijuana cards from other states are not valid in Florida.

Of the 35 states where medical marijuana is legal in some form, it is legal to grow marijuana plants in 18 of them. There are serious efforts underway both to legalize growing plants for medical use and to legalize recreational marijuana altogether in Florida.

The Florida legislature legalized medical marijuana prescriptions for seriously ill patients in 2014. Originally it was only allowed for patients with epilepsy and cancer, but was expanded in 2016 to include a much broader list of symptoms, including PTSD and several chronic pain issues.

Government officials in Florida remain split on the issue, however. There is no timetable for a potential vote on the bills introduced this year. Florida’s governor and speaker of the house have stated their opposition to the idea.

There is an effort to get a measure on the ballot for November 2022 to legalize growing marijuana plants for medical patients. It would amend the 2016 amendment to redefine “medical use” to include growing up to nine marijuana plants. This would include patients and their caregivers.

Washington and Colorado were the first states to legalize marijuana for recreational use, in 2012. In 2021, a total of 15 states have legalized marijuana for recreational use, including Nevada, California and Illinois. New Jersey voters were the latest to join the bunch, agreeing to legalize it in November 2020 with a nearly two-thirds majority in favor.

Marijuana plant ballot measure