Marijuana Cultivation / Grow House
Cultivating is defined in Florida Statute § 893.02(5) as “the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance.” One of the most commonly cultivated controlled substances is marijuana, and such cultivation often occurs at indoor locations more commonly referred to as “grow houses.”
While many other states in the country have enacted laws that recognize the medicinal value of cannabis, marijuana remains a Schedule I drug in Florida. Furthermore, the Florida Legislature’s passage of the Marijuana Grow House Eradication Act in 2008 created additional penalties for people who are convicted of growing marijuana plants.Marijuana Cultivation and Grow House Lawyer in Broward County, FL
If you think that you might currently be under investigation or you were already arrested for allegedly cultivating cannabis in South Florida, do not say anything to authorities without legal representation. It is in your best interest to contact The Hoffman Firm as soon as possible.
Evan A. Hoffman is a criminal defense attorney in Fort Lauderdale who represents clients accused of marijuana offenses throughout Broward County, including Davie, Plantation, Deerfield Beach, Pembroke Pines, Coral Springs, and surrounding areas. You can have him provide an honest and thorough evaluation of your case when you call (954) 524-4474 to schedule a free initial consultation.
Fort Lauderdale Marijuana Grow House Information Center
- What are the consequences of a conviction for cannabis cultivation in Florida?
- How did the Marijuana Grow House Eradication Act change cannabis manufacturing penalties?
- Where can I learn more about marijuana cultivation laws in Broward County?
Florida Penalties for Marijuana Cultivation
Manufacturing cannabis is a third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000 under Florida Statute § 893.13(1). An offense can be classified as a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000 if the alleged offense occurs in, on, or within 1,000 feet of the real property comprising any of the following:
- An assisted living facility;
- A state, county, or municipal park, community center, or publicly owned recreational facility;
- A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight;
- A public or private college, university, or other postsecondary educational institution;
- A public housing facility;
- A physical place for worship at which a church or religious organization regularly conducts religious services;
- A convenience business; or
- A child care facility between the hours of 6 a.m. and 12 midnight.
It is important to keep in mind that manufacturing can become a drug trafficking offense with even more severe penalties if the amount of marijuana seized is more than 25 pounds or 300 or more cannabis plants.
Marijuana Grow House Eradication Act Charges in Broward County
Criminal penalties for some cultivation offenses were enhanced with the Florida Legislature’s enactment of House Bill 173/Senate Bill 390 (HB 173/SB 390) in July 2008. As codified under Florida Statute § 893.1351, the Marijuana Grow House Eradication Act made it such that proof of the possession of 25 or more cannabis plants—no matter their stage of growth—constitutes prima facie evidence that the cannabis was intended for sale or distribution.
Under the new statute, alleged offenders could now face the following penalties for alleged offenses relating to grow houses in Florida:
- It is a third-degree felony punishable by a maximum sentence of five years in prison and/or a maximum fine of $5,000 to 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, the sale of, or the manufacture of cannabis intended for sale or distribution to another.
- It is a second-degree felony punishable by a maximum sentence of 15 years in prison and/or a maximum fine of $10,000 to 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, the sale of, or the manufacture of marijuana intended for sale or distribution to another.
- It is a first-degree felony punishable by a maximum sentence of 30 years in prison and/or a maximum fine of $10,000 to be 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 cannabis intended for sale or distribution to another and knowing or having should have known that a minor is present or resides in the place, structure, trailer, or conveyance.
Florida Resources for Marijuana Cultivation Crimes
House Bill 173 | Florida House of Representatives — HB 173 was the bill that became better known as the Marijuana Grow House Eradication Act, and it was identical to SB 390. You can view the full text of the bill on this website, including the history leading to its passage and also find analysis by various House Chambers. Representative Evan Jenne the only state legislator who voted against either legislation.
Florida Domestic Marijuana Eradication (DME) Program 2014 Annual Report — The Florida DME Program is managed and administered by the Florida Department of Agriculture and Consumer Services, Office of Agricultural Law Enforcement (OALE) using funds administered by the United States Drug Enforcement Administration (DEA). According to this report, over 1,000 plants were eradicated in Broward County in 2014. You can view the full report to review many other statistics, including statewide arrests, firearms seized, and reimbursements by county.
Were you arrested or do you believe that you might be under investigation for allegedly operating a cannabis grow house? Do not make any kind of statement to authorities until you have contacted The Hoffman Firm.
Fort Lauderdale criminal defense attorney Evan A. Hoffman is a former Assistant State Attorney for the Broward County State Attorney’s Office who now defends clients in Margate, Sunrise, Dania Beach, Miramar, Fort Lauderdale, and several other communities in Broward County. Call (954) 524-4474 or submit an online contact form today to take advantage of a free, confidential consultation that will let our lawyer review your case.