Can I Grow My Own Cannabis In Florida?

As of this writing, 31 U.S. states have either legalized or decriminalized the recreational use of cannabis, while a total of 42 have done the same for medical uses of the drug. Florida allows individuals with certain conditions like Crohn’s disease or lupus (among others) to use medical cannabis to treat them, but does not permit the drug’s recreational use. Recently, there have been discussions about whether or not to allow medical patients to grow their own cannabis – but currently, growing cannabis at home is illegal for everyone.

Cultivation Not Permitted

Growing cannabis with the intent to sell or distribute is treated as drug trafficking, which is a first-degree felony and can carry a 30-year sentence depending on the facts of the individual case. Law enforcement have gotten better at detecting grow houses, with heightened electric use being one indicator – though a Supreme Court decision from 2001 bans the use of thermal cameras for the purpose of finding grow houses.

While law enforcement tends to handle cultivation offenses more leniently if it can be shown that the cannabis grown is for personal use (for example, if a person has grown two plants instead of 200), there is currently no acceptable legal reason to grow cannabis in Florida, and arrests for this kind of offense can lead to long-term concerns, even if the actual number of plants being grown is minimal.

Defenses Possible

It can feel hopeless to try and defend yourself if you are caught growing cannabis plants, not least of all because the evidence is often fairly cut-and-dried. That said, everyone has the right to their day in court, and having the right attorney to help protect your rights can make all the difference in terms of both criminal guilt and civil liability. There are many different ways to attack the state attorney’s case, from arguing that the warrant was insufficient or invalid, to arguing mere proximity to the cultivation.

Because cultivation of cannabis is seen as a crime against society, potentially getting others besides the seller addicted to a controlled substance, running a ‘grow house’ is seen as particularly serious. Florida law has gotten more severe over time, with the legislature doing things like altering the number of plants required to charge someone with a felony versus a misdemeanor, and allowing the destruction of cultivation equipment (and sometimes individual belongings) without any kind of liability for their actions.

Contact A West Palm Beach Drug Crimes Attorney

Even if the laws surrounding legalized cannabis continue to weaken across the United States, Florida’s laws remain resolutely against cannabis possession or growth unless for medical use. If you have been charged with running a ‘grow house’ or other cultivation operation, a West Palm Beach drug crimes attorney from the firm of Perlet & Shiner, P.A. can help get you through the legal process. Call our office today to schedule a consultation.

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