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Fort Lauderdale Criminal Defense Lawyer / Blog / Drug Trafficking / What Is the Penalty for Growing One Marijuana Plant in Florida?

What Is the Penalty for Growing One Marijuana Plant in Florida?


For those who enjoy the recreational use of marijuana, growing a marijuana plant might seem like a thrilling prospect. Even though a single plant cannot provide much marijuana, it might seem like an interesting decoration – just like any other houseplant. Perhaps you’re interested in learning about the life cycle of the marijuana plant, watching it grow, and engaging in a rewarding hobby. If you plan to grow marijuana in Fort Lauderdale, you should understand the potential consequences. Possessing even a single marijuana plant in your home can lead to serious penalties.

Growing a Single Marijuana Plant Counts as “Drug Manufacturing” in Florida 

Although it might seem unthinkable, you will be lumped together with hardened criminals if caught growing even a single marijuana plant. The State of Florida views this as “manufacturing controlled substances.” In other words, you will be prosecuted under the same laws as people who cook crack, synthesize acid, and create ecstasy pills. The term “manufacturing” can refer to growing or cultivating plants under Florida law.

If police discover that you are growing one marijuana plant, you will likely be charged with “cultivation of marijuana.” This is a third-degree felony with a maximum prison sentence of five years.

There Are Plenty of Aggravating Factors Associated with Marijuana Cultivation 

Five years in prison is a real possibility, but cultivation of marijuana can become much worse with relatively minor aggravating factors. Perhaps most importantly, you will face heightened penalties if you grow marijuana within your own home. Many people will fall into this category, as an amateur grower undoubtedly lacks the funds to purchase or rent a separate premise specifically for marijuana cultivation. If you grow even a single plant in your own home, you may face a second-degree felony and up to 15 years in prison.

If your home is within 1,000 feet of a childcare center, school, public park, community center, or a similar area, you may also face a second-degree felony. The most serious penalties occur if you have children in your home. This may lead to a first-degree felony and a potential prison sentence of 30 years. All of these penalties are possible if you grow a single marijuana plant that never produces any marijuana – and even a small seedling could lead to serious penalties.

Defending Yourself Against Charges for Growing Marijuana 

If you face penalties for growing a single marijuana plant in your home, various defense strategies may be possible. The most important thing is to demonstrate that you never intended to sell or distribute marijuana produced by the plant. Generally speaking, you can push for lighter sentences if you grow relatively few plants – especially if you were found with less than 25 plants. You may also escape penalties if you were not aware that the plant in question was a marijuana plant. For example, you might have believed that it was an oregano plant (or seed) when you purchased it.

Find a Qualified Drug Offense Lawyer in Fort Lauderdale 

If you’ve been searching for a qualified, experienced drug offense lawyer in Fort Lauderdale, look no further than Haber Blank. With our help, you can fight various drug charges with confidence – including those related to the cultivation of marijuana. Although growing a single marijuana plant can lead to surprisingly serious consequences, there is no reason to sit back and accept needlessly excessive penalties. Book a consultation today to discuss potential defense strategies.




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