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Grow houses are indoor properties that are used for the production of controlled substances, usually marijuana. According to statistics compiled by the United States Drug Enforcement Agency (DEA), Florida had the most indoor cannabis grow sites eradicated in the nation in 2010 and 2012, never ranking less than second most in the country between 2010 and 2014.
In 2008, then-Florida Governor Charlie Crist signed House Bill 173, otherwise known as the Marijuana Grow House Eradication Act. The bill created severe penalties for alleged offenders accused of growing marijuana plants—regardless of whether or not the plants are fully grown.
Lawyer for Marijuana Grow House Defense in Tallahassee, Florida
Do you believe that you could be under investigation for or have you already been charged with owning, operating, or residing in a cannabis grow house in Florida? Do not say anything to law enforcement without legal representation.
The experienced Tallahassee criminal defense attorneys of Pumphrey Law represent people accused of all kinds of marijuana crimes in Malone, Marianna, Perry, Port St. Joe, Wewahitchka, Blountstown, Graceville, and many other communities in Northern Florida. You can receive a thorough and honest evaluation of your case when you call (850) 681-7777 to schedule a completely free initial consultation.
Leon County Marijuana Grow Houses Information Center
The Marijuana Grow House Eradication Act has been codified under Florida Statute § 893.1351. Under this statute, ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance is punishable as follows:
If an alleged offender owns, leases, or rents 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, the sale of a controlled substance, or the manufacture of a controlled substance intended for sale or distribution to another.
If an alleged offender is knowingly 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, the sale of a controlled substance, or the manufacture of a controlled substance intended for sale or distribution to another.
First-Degree Felony If an alleged offender 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 knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance.
Florida Statute § 893.1351(4) establishes that proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis was intended for sale or distribution. Evidence that marijuana was intended for personal use and/or medical purposes, however, can be used to overcome the presumption that the plants were intended for sale or distribution.
Penalties for Marijuana Grow Houses in Tallahassee
All cannabis grow house crimes are classified as felony offenses. Alleged offenders therefore face a number of serious penalties.
Possible fines and incarceration are dependent upon the degree of the felony offense:
Fine of up to $5,000 and/or up to five years in prison;
Fine of up to $10,000 and/or up to 15 years in prison; or
Fine of up to $10,000 and/or up to 30 years in prison.
Additional penalties may include a one year suspension of an alleged offender’s driver’s license, possible asset forfeiture, and the creation of a criminal record that can have damaging consequences on a person’s employment and housing. If alleged offenders are accused of operating grow houses in which distribution crossed state lines, they could possible face federal charges which are even more severe.
House Bill 173 | Florida House of Representatives — You can view the full text and legislative history of the Marijuana Grow House Eradication Act. The website links to the specific statutes that were referenced in the bill, and the text in the enrolled version notes words that were added or stricken from the bill during the process. Representative Evan Jenne was the only state legislator to vote against the bill.
DEA | Cannabis Eradication — Learn more about the DEA’s Domestic Cannabis Eradication/Suppression Program (DCE/SP) that targets cannabis cultivation. All 50 states participate in this program. You can review the cannabis eradication statistics for all 50 states for every year between 2010 and 2014.
Find a Marijuana Grow House Defense Lawyer in Tallahassee, FL
If you have been arrested or suspect that you are being investigated for any connection to a cannabis grow house in Florida, you should know that marijuana cultivation and trafficking in cannabis carry very stiff penalties. You should be sure to contact Pumphrey Law before speaking to any investigators about your role in an alleged grow house.
Our Tallahassee criminal defense attorneys aggressively defend clients all over Gulf County, Jackson County, Madison County, Taylor County, Leon County, and Calhoun County. Call (850) 681-7777 or fill out an online contact form to have our lawyers review your case during a free, confidential consultation.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.