Manufacture of Cannabis / Cultivation
Several states have altered laws regarding marijuana, decriminalizing the substance or even making it legal. However, Florida still has harsh laws and the drug is still considered illegal. Possession of the substance can lead to criminal charges, but cultivating or manufacturing it could have steeper penalties.
The consequences for growing marijuana are serious and can remain with you throughout your life. People charged with growing cannabis can face mandatory minimum prison sentences of at least three years, fines and possibly a felony criminal record. A marijuana defense lawyer in Tallahassee can help you combat the charges.
Tallahassee Marijuana Manufacturing Defense Lawyer
Marijuana charges should be taken seriously. A conviction could change the rest of your life, especially if it is a felony conviction. If you have been charged with manufacturing cannabis in Leon County, it is imperative to hire an attorney who will help you achieve the best possible outcome of your case.
The drug defense lawyers at Pumphrey Law have years of experience representing clients facing a variety of drug charges. They can help you find possible defenses or mitigating circumstances to reduce your charge or have it dismissed. The attorneys at Pumphrey Law are knowledgeable with Florida cannabis manufacturing and cultivation laws and experienced in Florida marijuana defense.
Pumphrey Law represents clients throughout the Florida Panhandle, including those in Monticello in Jefferson County, Crawfordville in Wakulla County, Quincy in Gadsden County and Bristol in Liberty County. Call (850) 681-7777 to schedule a free case evaluation.
Information About Cultivating Marijuana
- Manufacturing and Cultivation of Cannabis in Florida
- Terms Associated With Marijuana Cultivation
- Penalties for Cannabis Manufacturing and Cultivation in Florida
- Federal Regulations and Penalties for Cannabis Manufacturing
- Marijuana Grow Houses
Manufacturing or cultivation of cannabis is defined as any type of production, cultivating, growing, creating, converting or processing cannabis either through natural methods or by some other chemical process. Florida law also states it could be a combination of natural methods and chemical steps.
Manufacturing includes the labeling and packaging of the cannabis by someone other than a manufacturer, practitioner or pharmacist permitted to do so. Names frequently used when manufacturing or cultivating cannabis include marijuana, weed, pot, chronic, ganja, hash, hashish and bud.
Cannabis is every part of the plant, whether growing or not, of the genus Cannabis and includes all seeds, resin and resin compounds from the plant, according to Florida Statutes § 893.02.
Manufacturing or cultivating cannabis can be both a Florida state and federal offense, and a conviction for either can include both prison time and fines. Some terms associated with cannabis manufacturing, as defined in the Florida Statutes § 893.02 include:
Deliver – The term "deliver" describes the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
Possess – Possessing marijuana means to exercise control over the marijuana through either actual or constructive possession. Actual possession means it was on the person, and constructive possession means it was in his or her control. Possession of marijuana can be simple possession or felony possession, depending on the amount of cannabis involved.
Distribute – This term means to deliver cannabis by some means other than administering or dispensing. Dispensing is used to describe the distribution of a medicinal drug by a pharmacist or other licensed practitioner.
Sell – Selling marijuana is the delivery or transfer of marijuana from one person to another in exchange for money or something else of value. Sale of marijuana charges can carry steep penalties.
Trafficking – This term is defined as knowingly selling, purchasing, manufacturing, delivering or bringing into or out of Florida a certain quantity of marijuana by a person who knowingly has possession of the marijuana.
Florida Statutes § 893.13 defines the penalties for cannabis manufacturing and cultivation in Florida. A conviction for cannabis manufacturing in Florida is felony of the third degree. The felony can be increased to a felony of the first degree if the manufacturing is near a child care facility or school.
A conviction for a felony in the first degree can include up to 30 years or life in Florida prison and up to $10,000 in fines. Manufacturing cannabis penalties for a felony of the third degree can lead to Florida prison time of five years or less, fines up to $5,000 or both.
Under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.), it is a federal offense to manufacture, create, distribute or dispense cannabis or possess cannabis with the intent to manufacture, distribute or dispense the marijuana either across state borders, throughout the state or from a foreign country into Florida.
Marijuana is a Schedule I drug under the federal Controlled Substances Act, which is classified as the most serious type of drug with the greatest likelihood for abuse.
Penalties for manufacturing cannabis depend on the amount of marijuana being manufactured, if serious bodily injury occurred in the offense and if the alleged offender has any other prior convictions. A few examples of penalties include:
- If no prior convictions, less than five years to 10 years to life in federal prison
- If death or serious bodily injury results from the offense, or the alleged offender already has prior convictions, less than 10 years to 20 years to life in federal prison
- Individual fines from $250,000 to $8,000,000
- Fines, if not an individual, ranging from $1,000,000 to $20,000,000
Florida law officers frequently make arrests for marijuana manufacturing or cultivation at marijuana grow houses. In 2008, Florida passed legislation regarding the laws and penalties associated with grow houses in Florida. According to Florida Statutes § 893.1351, also known as the Marijuana Grow House Eradication Act, growing 25 marijuana plants in a home is evidence of an intent to sell or distribute marijuana.
Previous Florida law permitted up to 300 plants to be grown before there was an implied intent to sell or distribute marijuana. This new law severely increases the penalties and imposes penalties associated with trafficking in cannabis.
If someone grows 25 or more marijuana plants in their home, he or she could serve up to 15 years in prison. Also, if the alleged offender is a landlord or resident of a grow house, they can be charged with a felony and serve time in prison.
Finding ATallahassee Marijuana Cultivation Defense Attorney
If you have been charged with manufacturing cannabis or cultivating marijuana in Leon County, contact Pumphrey Law to discuss your charge and possible defenses. As experienced marijuana defense attorneys in Leon County, our team of lawyers can help you fight harsh penalties by aggressively challenging your criminal charge. Contact us at (850) 681-7777 for a consultation about your alleged manufacturing or cultivating marijuana charge.
Article last updated October 22, 2016.
Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.