Marijuana Cultivation Grow House in Miami
Experienced Criminal Defense also Serving Fort Lauderdale
Florida law defines cultivation 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.” If you were charged with owning or operating a grow house, you need effective legal assistance right away. Call the Miami marijuana cultivation grow house lawyer at The Hoffman Firm for a free consultation about what to do next.
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, state law stipulates additional penalties for those convicted of growing marijuana plants.
Penalties for a Conviction of Marijuana Cultivation
Manufacturing cannabis is a third degree felony punishable by a maximum sentence of 5 years in prison and a fine of $5,000. In some circumstances, it can become a second degree felony punishable by a maximum sentence of 15 years in prison and a fine of $10,000.
This will occur if the alleged offense takes place in, on, or within 1,000 feet of:
- 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
- A child care facility between the hours of 6 a.m. and 12 midnight
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.
Grow House Eradication Act Charges in Broward County
Criminal penalties for some cultivation offenses were enhanced in 2008. The Marijuana Grow House Eradication Act made it such that proof of possession of 25 or more cannabis plants, no matter their stage of growth, constitutes prima facie evidence that cannabis was intended for sale or distribution.
Under this statute, offenders could face:
- Third degree felony sentencing punishable by up to 5 years in prison and fines of up to $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.
- Second degree felony sentencing punishable by up to 15 years in prison and fines of up to $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.
- First-degree felony sentencing punishable by up to 30 years in prison and fines of up to $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.
These are serious charges that deserve your utmost attention and preparation. Let our firm help you obtain the best possible outcome for your difficult situation.
Schedule your free consultation today by calling 305-928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, or contacting us online.
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