Psychoactive substances include things like nitrous oxide (‘laughing gas’).
You may be charged with possessing an illegal substance if you’re caught with drugs, whether they’re yours or not.
Psychoactive substances penalties
The penalty is likely to be more severe if you are found to be supplying drugs (dealing, selling or sharing).
Police can issue a warning or an on-the-spot fine of £60 on the first 2 times that you’re found with khat. If you’re found with khat more than twice, you could get a maximum penalty of up to 2 years in prison, an unlimited fine, or both.
Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Cultivation of Cannabis.
However, possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution of cannabis.
Pursuant to Florida Statute 893.1351(4), possession of less than 25 cannabis plants is assumed to be for personal use absent additional evidence to suggest it was intended for sale or distribution.
Illegal Search and Seizure
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 .
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:
Penalties for Cultivation of Cannabis
In Florida, the crime of Cultivation of Cannabis is a Third Degree Felony punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
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.