Issue: What are the penalties for operating a grow house in Florida?
Facts: If you own or live in a house for the purpose of cultivating marijuana you are facing very serious charges. You will need an attorney, and a law firm that has experience in handling Marijuana Grow House cases. Recently in Southwest Florida there has been a bill introduced to combat the increasing problem of marijuana grow houses in Florida. House Bill 173, the Marijuana Grow House Eradication Act, won approval from the House Committee on Homeland Security and Public Safety. In this bill it creates penalties for people who grow 25 plants or more and those who merely own or live in a house for the purpose of cultivating marijuana. With the new laws in place any bust over 25 plants will be treated as a felony offense with a minimum jail sentence. The penalties become more severe when a child is present in the household. In order for law enforcement to have enough evidence space for other cases they are no able to destroy grow house equipment right after the investigation is complete. With this drastic increase in marijuana cultivation there has been a multi-agency drug task forces such as HIDTA (High Intensity Drug Trafficking Area) implemented that work alongside the Office of National Drug Control Policy to bust hydroponic operations. The grow houses grow the marijuana plants using hydroponic methods. With these methods it enables operators to cultivate marijuana plants with higher THC levels then the typical outdoor plant. The high tech hydroponic operations use little to no sunlight and stimulate sunlight by using high intensity heat lamps and also use irrigation systems of water and chemical fertilizers. These operations usually use special designed tim...
... middle of paper ...
...lled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
7. (3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
8. (4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.
After approximately an hour and fifteen minutes the youth exited the motor home. The youth was then stopped by the agents who engaged him in conversation. At this point the youth told the agents that he had received marijuana in return for allowing Carney sexual contact (Kamisar, et al., p 260, 2002). Cooperating with the agents, the youth returned to the motor home and knocked on the door. When the respondent stepped out one of the agents entered the home without having a warrant or any form of consent. Inside the agent saw marijuana, and a following investigation at the precinct exposed more marijuana. Charles Carney was charged with ownership of marijuana for sale (Kamisar, et al., p 260, 2002).
As dangerous it is, the marijuana is powerful enough that make human continue worked hard in perfecting them indoor. After humans have perfected the new environment to grow the plant indoors, they make good business out of it, and the plant itself successfully fills the need of human for transcendent altered states of consciousness.
this drug as a "schedule I" drug that means that it has high potential for abuse.
Marijuana in America became a popular ingredient in many medicinal products and was openly sold in pharmacies in the late nineteenth century (“Busted-America’s War on Marijuana Timeline”). The National Institute of Drug Abuse defines marijuana as, “The dried leaves, flowers, stems, and seeds from the hemp plant Cannabis sativa, which contains the psychoactive (mind-altering) chemical delta-9-tetrahydrocannabinol (THC), as well as other related compounds” (“DrugFacts: Marijuana”). It was not until the Food and Drug act of 19...
is to commit sexual assault: a drug slipped into a drink without the victim’s knowledge.
Regulations will be placed to oversee commercial dispensaries on what items are being sold. There are many products that are being sold to the public, which is considered not safe. These regulations are placed to protect the consumers from any possible harm. The potency of certain marijuana can lead to harm for some consumers that can’t handle higher potent (Potguide 1). An accurate and credible labeling is required to specify the potent from specific marijuana. Substances (glass beads) and growth enhancers can alter to a higher potency (APHA) Consumption are not allowed openly in public. For the reason being nonsmokers, and children to not be affected by the smoke. This law would be similar to open container law for individuals that drink
offenders 7. According to federal law if a person is caught with five grams of
Marijuana is an herb that grows from God’s greatest creation: earth. It is a hemp plant whose scientific name is Cannabis sativa. Cannabis contains the chemical delta-9-tetrahydrocannabinol, THC for short; this is the chemical that is responsible for the mind-altering effects smoking marijuana gives for the consumer. The amount of THC has increased since the nineteen-seventies though. A survey in 2007 showed that marijuana now has approximately ten percent THC on average. The smoke given off from marijuana contains ammonia, hydrogen cyanide, as well as others, three to five times more than cigarette smoke contains. This means that the second-hand smoke given off is dangerously harmful to those around the smokers. To consume Cannabis sativa, users use the dried leaves, flowers, stems, and even the seeds off the plant to get the high they want and eventually end up needing. Cannabis sativa is smoked in numerous ways such as; hand-rolled joints, pipes, water pipes: bongs, and blunts. All of these uses give off a pungent sweet and sour odor. Some get the high from ...
In America,—the so called “home of the free” and well-known for being just and right—the federal law states that it is illegal to possess, grow, sell, or anything else related to marijuana—a natural, safe, and beneficial substance. If anyone is found guilty of these actions, they could face a fine anywhere from one thousand dollars to four million dollars and/or serve a prison sentence anywhere from fifteen days to life. However, the sale, use and even abuse of alcohol or tobacco—which is scientifically tested not natural, safe, or beneficial—is not seen to the government as illegal and is only punishable if sold to a minor or if the use of the substances causes a crime to occur. The illegal status of marijuana is an unjust law. The DEA (Drug Enforcement Administration) currently lists marijuana as a schedule 1 drug under the Controlled Substance Act (CSA). The CSA states that, “Schedule I drugs are classified as having a high potential for abuse, no currently accepted medical use in treatment in the...
Before we can debate the topic of marijuana we must first know the material. Marijuana also known as weed, cannabis, or reefer is a green plant that will virtually grow anywhere. Commonly developing up to 8ft in length cannabis can be consumed through digestion or inhaling. The only part of the plant that is consumed is the flower or bud. The stem and leaves of the plant can be broken down to make other materials. From this plant we could create consumer textiles, industrial textiles, paper, building materials, food, industrial products, and hygiene product...
Marijuana, also known as Cannabis is the third most well-liked recreational drug, which only falls behind alcohol and tobacco, in the United States (The Whitehouse, n.d.). Marijuana is made up of dried leaves, plants, stalks, and pits from the hemp plant Cannabis Sativa, which comprises of the mind-altering compound delta-9-tetrahydrocannabinol (THC), in addition to other associated compounds. This plant substance can correspondingly be converged in a resin called hashish or an adhesive black fluid called hash oil. Efforts to legalize marijuana for medication treatment and recreational use in the United States have grown in current years. The Food and Drug Administration (FDA) states that marijuana may perhaps assist in a reduction of nausea, encourage hunger, and lessen pain (Food and Drug Administration, 2006). On the other hand, the American Medical Association (AMA) does not tolerate marijuana as a medication (1995-2013). So many answers are needed with such contradictory opinions around this exceedingly controversial drug to decide what measures need to be taken from the federal government for a final solution.
Much debate has been brought to Capitol Hill concerning the legalization of the Marijuana. Analyzing the history, data, and health effects of marijuana it becomes clear that the debate for the legalization of marijuana should be seriously considered and should be brought to congress as an issue that can stimulate the economy and bring together a divided nation. This issue along with many others will not be a reality until congress takes action and addresses the issue directly. Conflicting views arise when so much time effort and money have been spent to eliminate drugs. America’s “War on Drugs” has been an intense operation to eliminate narcotics on the streets and often catch the criminal distribution before it even reaches the public. Citizens of the United States have petitioned for the legalization of marijuana since its origin, yet minimal progress has been made and the illegal existence of the plant remains. Congress has faced the vote to legalize marijuana countless times while the majority of politicians favor the ban on the substance, however there are certain individuals of political office that have and continue to vote for its legalization. America’s emphasis and concern for the use, distribution, and growth of marijuana is outstanding with arrests reaching nearly 5.9 million since the year 1990. A large amount of time, money, and man-power has been applied to the operation of controlling the substance of marijuana in society and many people argue against this. As long as marijuana is not legalized, the debate and fight for its legalization will undoubtedly continue from the millions of people who use the herbal matter in this country alone.
The first legal issue that is discussed in this paper is the harsh or punitive nature of the Dangerous Drug Act and the classification of marijuana. Cannabis Sativa, or any other name it is referred to, be it Ganja, marijuana, weed, or “Mary Jane” under the Dangerous Drugs Act it is classified as a dangerous drug, and is included in the First Schedule list of narcotic drugs. Possession of any quantity is an offence liable upon summary conviction to a fine of $25,000 and to imprisonment for five years; and upon conviction on indictment to a fine of $50,000 and to imprisonment for between five and ten years. The current legislation allows for persons to be criminally punished for petty crimes. Persons who have been in possession of only 2 grams of marijuana have had to face incarceration. This is unnecessary as it creates a permanent criminal record for persons who may have only been experimenting.
A considerable amount of literature has been published on cannabis specifically marijuana. These studies classify marijuana into three species: Cannabis sativa, Cannabis indica, and cannabis ruderalis. In fact, Cannabis sativa is the most widely used and recognized among the other species due to its ability to produce more fiber and oil. For many years, the plant has been used for making clothes as well as lighting and soap. Nevertheless, cannabis is widely used at the present time for intoxication and medical treatments. Marijuana is usually extracted from the flowers of the female plant (Grinspoon & Bakalar, 1993). According to the National Institute on Drug Abuse, marijuana is well-defined as the “dried leaves, flowers, stems, and seeds from the hemp plant Cannabis sativa, which contains the psychoactive (mind-altering) chemical delta-9-tetrahydrocannabinol (THC), as well as other related compounds. This plant material can also be concentrated in a resin called hashish” (NIDA, 2014).
Marijuana has been a problem since the early 1900s and continues to create problems. The Federal Bureau of Narcotics created a law which prohibited marijuana use in 1937 (Reinarman 128). Twenty years later, THC was discovered to be the main psychoactive component in marijuana causing its negative side effects (Reinarman 129). Almost seventy-five years later, the United States is still battling the problem with illegal marijuana use. Although scientists discovered the negative effects fifty years ago, the information has gone practically unnoticed and the amount of users continues to increase. Approximately half of the United States population has used marijuana at one point (Reinarman 129). Instead of outlawing marijuan...