punishment for growing cannabis

It is unlawful to cultivate any part of a cannabis plant. It is not an offence to supply or possess cannabis seeds, but any action which germinates or cultivates them is an offence.

Penalties available for cultivation of cannabis

The severity of the penalty applied in relation to cultivation of cannabis will depend on the individual circumstances of the case. The prosecution consider the size of the operation, the individual’s role in said operation & certain mitigating factors. The Sentencing Guidelines for Drug Offences outlines the range of sentences available for cultivation of cannabis cases:

Offence Range: Discharge – 10 years’ imprisonment.

In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Cultivation of Cannabis are:

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

Defenses to Cultivation of Cannabis

It is an affirmative defense to the crime of Cultivation of Cannabis if you can prove that you did not know the plants you were growing were cannabis plants. Because knowledge is an affirmative defense, you would be required to testify a lack of knowledge of the substance’s illegal nature. [3]

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 .

Penalties for Cultivation of Cannabis

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]

Punishment for growing cannabis

The most common defences encountered by the court are:-

WHAT DO THE PROSECUTION HAVE TO PROVE?

The maximum sentence for production of a class B drug on indictment is 14 years imprisonment or a fine or both. The maximum sentence for production of a class B drug on summary complaint is 6 months imprisonment or a fine or both.

WHAT ARE THE COMMON DEFENCES?

WHAT ARE THE PENALTIES?