What it Means When You Face a Drug Cultivation Charge

A conviction for drug cultivation is one of the many reasons you may need to develop a drug defense strategy to reduce or drop criminal charges. It is best not to attempt this matter alone and a Miami drug charge attorney can be your best bet for avoiding the maximum penalties for a drug cultivation charge.

Defining Drug Cultivation in Florida

Drug cultivation generally refers to the growing of a plant considered an illegal substance by the Florida statutes. Most drug cultivation charges come when you are found to be in the possession of cannabis plants, which are harvested as marijuana.

The basic definition of cultivation is the promotion or improvement of a plant or crop by labor and attention. This means if you are found to be growing and caring for any sort of organic material classified as a drug by the Florida statutes, you can be charged with drug cultivation.

There are many ways a drug defense can be formed to help you avoid maximum penalties and charges. Most of those convicted for drug cultivation are unaware of their options and can make mistakes if they do not consult with a Miami drug charge attorney. You have the right to an attorney immediately upon your arrest and you should exercise that right as soon as possible to avoid damaging your chances at reduced or dropped charges.

Charges You May Face for Drug Cultivation in Florida

Your drug defense strategy will depend on several factors of the drug cultivation charges you face. Your Miami drug charge attorney will review your case and explain the different parameters that factor into whether you face misdemeanor or felony charges.

The amount of material that you are found growing plays an important role in determining if you are charged with a misdemeanor or a felony. The Florida statutes define certain thresholds of the amount of plant material you can be cultivating and apply those levels to the criminal charges you face.

Another factor that plays heavily into the type of drug defense strategy you will need to develop is the intent for the drug cultivation. If you are found to have been cultivating only for personal use you will be facing misdemeanor charges. This comes with a maximum penalty of 1 year in prison and potential fines up to $500. A Miami drug charge attorney can help you avoid having to serve these maximum penalties.

If it is found that you intended to distribute the cultivated materials to others, your drug defense will need to be against felony charges. This will result in a minimum 1-year jail sentence, and the maximum penalties are determined by the amount of drug you cultivated as well as the type of drug.

As you can see, there are many parameters in a drug cultivation charge that can determine the penalties you face. A Miami drug charge attorney can help you develop a drug defense appropriate to your case. This can be the difference in your situation between serving the maximum sentence and having a reduced set of penalties.