Marijuana Cultivation / Grow House
The growing or manufacture of marijuana is frequently referred to as cultivation. Florida Statute § 893.02(5) defines cultivating 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.”
Cannabis cultivation in Florida frequently occurs at indoor locations commonly known as “grow houses.” Despite the growing understanding across the nation that marijuana offers numerous medical benefits for people suffering from various illnesses, cannabis remains a Schedule I drug in the Sunshine State and growing marijuana is often a felony offense that can result in strict penalties.Lawyer for Marijuana Cultivation Crimes in Miami-Dade County, Florida
Do you believe that you could be under investigation or were you already arrested for allegedly cultivating cannabis in Florida? You should not say anything to authorities until you have contacted The Hoffman Firm first.
Evan A. Hoffman is a criminal defense attorney in Miami who aggressively defends clients accused of marijuana offenses in South Miami, Aventura, Coral Gables, Hialeah, and many other communities in Miami-Dade County. Call (305) 249-0090 or fill out an online contact form right now to take advantage of a free, confidential consultation that will let out lawyer review your case.
Overview of Marijuana Grow Houses in North Miami
- What are the consequences of cultivating cannabis in Florida?
- What was the impact of the Marijuana Grow House Eradication Act?
- Where can I find more information about cannabis cultivation in Miami?
Marijuana Cultivation Penalties in Florida
Under Florida Statute § 893.13(1), it is a felony of the third degree for an alleged offender to manufacture cannabis. A conviction is punishable by up to five years in prison and/or a fine of up to $5,000.
Marijuana cultivation becomes a felony of the second degree if the alleged offense occurs in, on, or within 1,000 feet of the real property comprising any of the following:
- A child care facility between the hours of 6 a.m. and 12 midnight;
- A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight;
- A state, county, or municipal park, community center, or publicly owned recreational facility;
- A public or private college, university, or other postsecondary educational institution;
- A physical place for worship at which a church or religious organization regularly conducts religious services;
- A convenience business;
- A public housing facility; or
- An assisted living facility.
A second-degree felony conviction is punishable by up to 15 years in prison and/or a fine of up to $10,000. The amount of marijuana seized can further impact criminal charges as offenses involving more than 25 pounds or 300 or more cannabis plants are considered drug trafficking crimes.
Marijuana Grow House Charges in Miami-Dade County
In 2008, the Florida Legislature enacted House Bill 173/Senate Bill 390 (HB 173/SB 390), otherwise known as the Marijuana Grow House Eradication Act. The legislation increased the penalties for alleged offenders convicted of growing cannabis plants—no matter the stage of growth of the plants involved.
The Act was codified under Florida Statute § 893.1351, and established that proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis was intended for sale or distribution. The statute also established several harsh penalties relating to grow houses in Florida, including:
- Owning, leasing, or renting 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 marijuana intended for sale or distribution to another is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000.
- Knowingly being 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 cannabis intended for sale or distribution to another is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000.
- Being 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 marijuana 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 is a first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000.
Florida Marijuana Cultivation Arrest Resources
HB 173 | Florida House of Representatives — View the full text of the Marijuana Grow House Eradication Act on the Florida House of Representatives website. You can see the complete history leading to the bill’s passage, read the multiple versions of the legislation, and also find analysis by various House Chambers. HB 173 was identical to SB 390, and the only state legislator who voted against either legislation was Representative Evan Jenne.
2014 Annual Report | Florida’s Domestic Marijuana Eradication (DME) Program — Read more about Florida’s DME program in this March 2015 report from the Office of Agricultural Law Enforcement. The report provides an overview of this program as well as many assorted statistics. According to the statistics in this report, the number of grow sites detected in 2014 were the lowest in a dozen years and the number of plants eradicated was the least in 10 years—with a majority of the plants from indoor grow sites being confiscated in Miami-Dade County.
If you have been charged with or believe that you may be currently under investigation for allegedly cultivating cannabis in Florida, it is in your best interest to make sure that you do not make any kind of statement to authorities without legal representation. The Hoffman Firm can investigate to determine whether law enforcement violated your constitutional rights or fight to prove that your plants were solely intended for personal use, possible leading to criminal charges being reduced or dismissed.
Miami criminal defense attorney Evan A. Hoffman is a former Assistant State Attorney who represents clients all over Miami-Dade County, including such communities as Key Biscayne, Miami Beach, North Miami, Opa-locka, and many others. He can provide an honest and thorough evaluation of your case as soon as you call (305) 249-0090 or complete an online contact form to set up a free initial consultation.