As the State of Florida has made clear, drug policies, both in the State of Florida and across the nation have virtually been an absolute failure. Millions of dollars have been exhausted through law enforcement, prosecutions and judicial excess.
State law now brings formidable penalties for marijuana growers. The Marijuana Grow House Eradication Act permits prosecutors and law enforcement agents the essential tools to battle those that grow marijuana for profit. With the current law in place any building owned with the intent of cultivating the distribution of marijuana is a third degree felony. If 25 or more plants are grown it is a second degree felony, a first degree felony when children are present. Thus, making the penalties for pot growers almost as tough as those charged with the possession of cocaine; it is a third degree felony for the possession of 28 grams of cocaine, a second degree felony for the sale of cocaine and a first degree felony for cocaine trafficking of 150 kilo grams or more.
Legislator's and law enforcement officials, claim that marijuana grow houses simulate unrelenting liabilities to the community, endanger children and promote environmental hazards, through violence and gun activity. Not including a surge in violent crimes such as burglaries and home invasions.
However the National Drug Intelligence Center, Florida Drug Threat Assessment stated that although marijuana is widely available and frequently used "the level of violence directly attributed to marijuana distribution in Florida is low." Violence associated with marijuana is mainly used as a deterrent in regards to gaining access to areas of cultivation.
In central Florida wholesale distribution, midlevel distribution and retail distribution of marijuana alone rated in the Asian/Vietnamese communities only. Wholesale distribution, midlevel distribution and retail distribution along with other drugs to include cocaine, heroin and methamphetamine were high in all other communities. The question posed is marijuana a danger as a singular or a danger combined with other more costly drugs.
According to a 2007 analysis done by the Florida Medical Examiners Commission, the rate of deaths by prescription drugs were three times the rate of deaths that were caused by all illicit drugs combined. 989 deaths were caused by cocaine heroin and methamphetamines, prescription drugs Valium and Xanax alone were responsible for 743 deaths, 843 for cocaine and none for marijuana.
Cocaine, crack cocaine, heroin, methamphetamines are a direct threat throughout Florida with cocaine being readily available through various criminal groups. Miami has more emergency department instances affiliated with cocaine abuse than any other illicit drug. Violent crimes are customarily associated with cocaine, specifically in low income inner city communities. Dealers in an attempt to protect their domain often commit violent crimes from assault to homicide. They form criminal gangs that deal cocaine while often engaging in drive by shootings and home invasions.
We are all too aware that we should not tolerate drugs however we should care about the substantial public finances and judicial resources that simply do not work. Not to mention that Florida already has the third largest prison population in the Nation primarily due to mandatory minimum drug sentencing laws. There are pro's and con's to mandatory sentencing. Mandatory sentencing is a way to deter drug related crimes by extending the time that the person convicted is incarcerated. Opposition to mandatory sentencing would be that the judicial process is under restraint not allowing for latitude when prosecuting and sentencing those individuals. Furthering, does a longer sentence benefit the war on drugs financially where it could be spent on added programs devised to fight drug abuse.
If you have been arrested and charged with a drug offense in Florida, it is acutely important that you contact a qualified criminal defense attorney. John Musca can vigorously secure all possible defenses that are available.
