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If you have been arrested in Brevard County, FL for Cultivation of Marijuana or have been accused of maintaining a Marijuana Grow House operation, you need an aggressive, experienced legal representation as soon as possible. When it comes to indoor marijuana cultivation, Florida is one of the nation’s leaders. Grow houses have been found in more than two-thirds of Florida’s counties, and over 1000 hydroponic operations have been discovered in Florida to date.
Over the past few years, the political tide and public attitudes toward Marijuana are changing across the nation. The majority of states have allowed for medical marijuana and several have decriminalized and/or legalized recreational use. As of 2018, Florida allows for medical use of Marijuana with a valid prescription and valid Medical Marijuana card. However, growing and cultivating Marijuana plants, with or without a prescription is STILL a serious felony under Florida Law.
Recent Florida laws have increased the penalties for cultivating marijuana plants. Cases involving marijuana grow houses have received increased media attention in recent years. Because of the new laws and media hype, Florida prosecutors have pursued these cases vigorously.
In 2009, the Florida legislature passed the Marijuana Grow House Eradication Act. The act sought to strengthen Florida’s Grow House Laws in response to increasing numbers of grow house operations being discovered by law enforcement. In summary, this law makes it a second degree felony to grow 25 or more plants, no matter how small or large those plants are. A second degree felony carries a maximum penalty of 15 years in prison. The law also makes it a first degree felony to grow 25 or more plants in a home with children present. A first degree felony is punishable by up to 30 years in prison. The threat of incarceration is real. Your best defense is a criminal defense attorney with experience defending against grow house – related charges. Contact us today.
A person may not 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 a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person may not 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 a controlled substance, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who is 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 a controlled substance intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.
In Florida, Cultivation of Marijuana/Cannabis is a third degree felony, which is punishable by up to five (5) years in prison. Even ONE plant can result in a felony conviction and incarceration! Brevard County law enforcement is becoming increasingly creative in locating marijuana cultivation within the state of Florida. Their tactics often include the following:
Our attorneys have successfully defended clients who have operated some of the most sophisticated operations in the area. If you have been arrested for cultivation, CONTACT our office today. Our attorneys will work hard toward getting you get the best result possible in your case.
If you have been arrested or believe that you might be arrested for cultivation or for maintaining a grow house operation in Brevard County, FL, you should immediately contact an aggressive criminal defense attorney who is experienced in handling these matters. The sooner you retain counsel, the better.
At The Canina Law Firm, our firm sets itself apart from others in the level of personal service that we provide. We are 100% committed to defending our clients vigorously and to keeping our clients fully informed every step of the way. With well over 50 years of combined experience defending against marijuana possession, sale, cultivation, and trafficking charges in Florida, our attorneys will work hard to get you the best result possible. If you have been arrested in Melbourne, FL or anywhere in Brevard County, FL for a Grow House or for Cultivation, we want to help you! Contact our office today for a FREE case evaluation.
The Canina Law Firm proudly defends all residents of Brevard County and all cities and towns along Florida’s Space Coast including: Melbourne, Viera, Suntree, West Melbourne, Melbourne Village, Palm Shores, Palm Bay, Rockledge, Merritt Island, Titusville, Cape Canaveral, Cocoa, Cocoa Beach, Melbourne Beach, Indialantic, Indian Harbour Beach, Satellite Beach, Grant, Valkaria, Micco, Barefoot Bay, Scottsmoor, Mims, and Sebastian, as well as neighboring Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.
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1901 S. Harbor City Blvd.
Suite 804
Melbourne, Florida 32901
