While the country’s marijuana laws are increasingly becoming more forgiving and benevolent, Florida’s marijuana laws remain among the strictest in the country. Recently Florida passed the “Grow House Eradication Bill” that produced enhanced penalties for people associated with cultivating marijuana inside a house. The law does not require any act other than the actual or constructive possession of cannabis or of a place where Cannabis is being cultivated.
In a prosecution for trafficking in cannabis, the State must prove beyond a reasonable doubt that the quantity of the marijuana exceeded the specified minimum weight or quantity. In determining weight, the law broadens the definition of cannabis to include the entire plant including leaves, branches and roots. The wrappings around a bale of marijuana, soil commingled with the marijuana, or excess water that is not inherent in the vegetable matter of a marijuana plant, however, are not to be considered. Because the combined weight of the Cannabis plays such an important role in determining the charge and sentence, it is critical to carefully inspect and reweigh the evidence in order to ascertain that only the plant was weighed and not other extraneous materials that can enhance the weight and punishment.
While these cases usually seem defenseless, there are many aspects that can lead to evidence being suppressed or having the charges and sentence reduced. During his time as a prosecutor, Erick Cruz attended trainings specifically dealing with the prosecution of marijuana grow houses. Erick knows the correct way to secure search warrants and to gather and preserve evidence. Erick has used this knowledge to successfully defend countless people charged in connection with marijuana grow houses.
Call Erick to discuss your case with him and find out how he can get your case dismiss, charges and sentence reduced and your arrest record sealed or expunged.
