Marijuana Grow Houses, Marijuana Legalization, Its Costs and Benefits Weighed
A Palm Beach Sheriff’s Office SWAT unit found a marijuana grow house at a home in suburban Delray Beach this morning, according to a PBSO spokesman.
Police obtained a search warrant for a home at 15180 Monroe Road, where they found the marijuana plants.
The home was unoccupied when police executed the search warrant. No arrests have been made, but the investigation is ongoing, said PBSO spokesman Eric Davis. (source)
Colorado and Washington were the first two states to legalize recreational marijuana in last November’s election. However, what has happened in those states since the election? Have retail pot shops popped up on every corner? Are marijuana users smoking everywhere, or have federal raids dramatically increased? Hardly
In Colorado, the immediate effect Amendment 64 has been the legalization of the possession of up to one ounce of marijuana for adults over the age of 21. In addition, individuals may also grow up to six plants for personal use. However, commercial marijuana stores will not open until 2014, after the state legislature determines how to regulate them.
Similarly, in Washington, Initiative 502 legalized possession and personal use of one ounce or less of marijuana for adults 21 and up. Similar to the situation in Colorado, “the consumption of marijuana in public spaces and driving under the influence of marijuana” remains illegal. Furthermore, legal sales will not begin until after Washington’s State Liquor Control Board sets up “a licensing system for the manufacture and sale of marijuana” by December 2013.
7 Key Questions on Marijuana Legalization
Policymakers in both states are confronting some new and tricky issues that have never been addressed. For them, and for anyone else thinking about changing their pot laws, here are seven key decision areas that will shape the costs and benefits of marijuana legalization:
- Production. Where will legal pot be grown — outdoors on commercial farms, inside in confined growing spaces, or somewhere in between? RAND research has found that legalizing marijuana could make it dramatically cheaper to produce — first because producers will no longer have to operate covertly, and second because suppliers won’t need to be compensated for running the risks of getting arrested or assaulted.
- Profit motive. If there is a commercial pot industry, businesses will have strong incentives to create and maintain the heavy users who use most of the pot. To get a sense of what this could look like, look no further than the alcohol and tobacco industries, which have found ingenious ways to hook and reel in heavy users.
- Promotion. Will states try to limit or counter advertisements in the communities and stores that sell marijuana? U.S. jurisprudence against curtailing what’s known as “commercial free speech” could make it tough to regulate the promotion of pot.
- Prevention. If pot is legal for adults, how will school and community prevention programs adapt their messages to prevent kids from using? While some proposals to legalize marijuana would divert tax revenues to prevention efforts, the messaging and strategy should probably be in place before legal marijuana ever hits the streets.
- Potency. Marijuana potency is usually measured by its tetrahydrocannabinol content, or THC — the chemical compound largely responsible for creating the “high” from pot, as well as increasing the risk of panic attacks. While THC receives the most of the attention, don’t forget other compounds like cannabidiol, or CBD — which is believed to counter some of the effects of THC.
- Price. With marijuana, like any other commodity, price will influence consumption and revenues. A growing body of research suggests that when marijuana prices go down, the probability that someone might use marijuana goes up. So retail prices will largely be a function of consumer demand, production costs and tax rates.
- Permanency. The first jurisdictions to legalize pot will probably suffer growing pains and want to make changes later on. They would do well to build some flexibility into their taxation and regulatory regime. Source, complete story
Florida Drug Laws
893.1351 Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance.–
- A person may not own, lease, or rent any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
- A person may not knowingly be in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled 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.
- 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.
- 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.
West Palm Beach Marijuana Grow House Defense Attorney
An increasing phenomenon in Florida is the presence of Marijuana grow houses. Garages, abandoned trailers, old houses and sheds are all used to grow and cultivate Marijuana for sale and distribution. People charged with growing Marijuana face mandatory minimum prison sentences of at least three years, fines, and possibly, a felony criminal record.
In Florida, the consequences for growing Marijuana are serious and remain with you in the future. Employers, apartment managers and schools will have access to your criminal record. A good lawyer will be proactive in your defense and work hard to reduce the consequences and penalties of your actions.
The law office of Andrew D. Stine, P.A., is committed to representing those charged with growing marijuana and other drug crimes. We have extensive experience representing clients with drug charges and know what it takes to form an effective defense. Contact us today to schedule a free consultation with an experienced criminal defense lawyer.
Discovering Grow Houses
Many drug cases involve an informant. The police will send an undercover agent or use someone to enter in the house and look around for signs of mass production of Marijuana. Police also discover grow houses by noticing a sharp increase in energy bills. Growing Marijuana plants requires a large amount of light and heat. This spikes energy needs and alerts energy companies and law enforcement about suspicious activity.
Our defense team has a thorough understanding of how law enforcement officials discover grow houses and what evidence is needed to prosecute our clients. If any evidence is obtained through illegal search and seizure or obtained by police trickery, we will file a motion to suppress the evidence and to dismiss the case.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300. Se habla español.