As marijuana laws have continued to change on a state-by-state basis, it can be confusing to keep up with differences at the state and federal levels and what laws still apply in Florida. It remains illegal to own and cultivate marijuana plants in the Sunshine State. It is also illegal to lease or operate a grow house for commercial or personal purposes. The only exceptions are for licensed facilities that cultivate medical-grade marijuana to be dispersed solely through state-sanctioned dispensaries. Growing marijuana for any other reason or outside of these facilities is prohibited. Cultivating marijuana is a felony offense, which means that you will need top representation from an Orlando drug defense lawyer, like those with The Umansky Law Firm.
We are well-versed in the laws that govern drug offenses in Florida. We have crafted numerous legal strategies for drug offense clients over the years, many of which have resulted in optimal case outcomes. We understand that law enforcement often employs tactics that tend to be aggressive and sometimes even unfair. We combat those tactics with knowledge, experience and legal savvy.
Marijuana cultivation is characterized by growing cannabis plants from seed or a clone. These plants may be grown indoors or outside using natural or artificial light. The process of growing, cultivating or manufacturing marijuana plants is governed by Section 893.13(1)(a) of the Florida Statutes. The law states that it is unlawful for anyone in the state to manufacture or possess with intent to manufacture a controlled substance (which includes cannabis).
The state defines the manufacturing of cannabis as production, preparation, packaging, labeling, cultivating, growing, propagating, compounding and processing any part of the plant. Cultivation also includes the extraction of substances directly from a cannabis plant.
The state of Florida expends an enormous amount of money and resources to seek out marijuana growing operations. Law enforcement often relies on information gathered from confidential informants. These informants could be relatives, friends or just a neighbor who suspects you are growing the plant illegally. Additional tactics include:
Once law enforcement feels that they have enough information through other means, they will then seek a warrant to search your property.
In Florida, cultivating marijuana is a 3rd-degree felony with a maximum jail sentence of five years and a maximum fine of $5,000. If you are found in actual or constructive possession of a grow house and more than 25 cannabis plants, your charge becomes a 2nd-degree felony punishable by up to 15 years in prison.
If minors reside in a home where plants are being cultivated, the charge may be classified as a 1st-degree felony. Cultivation charges in Florida cannot be sealed or expunged.
As former prosecutors, we know that law enforcement must follow set guidelines while conducting an investigation. As knowledgeable drug defense lawyers, we use that knowledge to examine every aspect of your case and determine whether your Fourth Amendment rights were violated. This includes questioning the officers involved and looking at the evidence used to obtain the search warrant. Other defenses we can present in regards to Fourth Amendment violations include:
We then prepare an aggressive defense strategy that reflects the goals you have for your case and aims at the best possible solution for your situation. We are not afraid to defend your rights in a court of law if we feel it is in your best interest to do so.
The attorneys at The Umansky Law Firm are passionate and effective negotiators who will review the facts of your case, and work to reduce your charges or mitigate sentences whenever possible. We have offices in Orlando and Kissimmee, and we are available at any time, day or night.
With more than 25 years of assisting Central Floridians with their cases, The Umansky Law Firm is prepared to hear out any situation. Our attorneys have more than 100 years of collective experience involving drug offenses. Call us today at 407-890-0336 to schedule a free case review or live chat with us 24 hours a day, seven days a week.
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