Cultivation of Marijuana

The legal term "cultivation" is in reference to the preparation, production, processing, and growing of a controlled substance. Those who run grow houses or tend to homegrown marijuana plants houses may be charged with cultivation of marijuana. Cultivation of marijuana may result in felony charges.

Law enforcement is on high alert for those with grow houses. Often, police will run sting operations to seek out grow houses in Florida. In some cases, an officer will patrol hydroponic gardening supply stores or have confidential informants talk to the alleged offenders. Being charged with cultivation of marijuana can result in serious lifelong penalties.

If you or someone you know has been charged with cultivation of cannabis, it is in your best interest to obtain legal representation.

Defense Attorney for Cultivation of Cannabis Charges in Pensacola, FL

A person convicted with marijuana cultivation may face felony charges. Felony charges can include large fines and a possible prison sentence. Conviction can alter one's professional and personal life. Any person who has been arrested for cannabis cultivation should seek a skilled attorney with Terrezza Law.

Attorney John Terrezza has a focus on criminal defense in Florida courts. He is passionate about defending his client's rights. With years of experience in criminal courts, Mr. Terrezza understands that the legal system in Florida can be intimidating. This is why he values open communication with each and every one of his clients.

Start the first step to your defense today. Terrezza Law represents those accused of cannabis related crimes in the Florida Panhandle and nearby areas including Gulf Breeze, Navarre, Pensacola, and Milton.

Dial John Terrezza at (850) 764-5291, and have a free consultation with an experienced criminal defense attorney.

Overview for Cannabis Cultivation in Florida

Florida Penalties for Cannabis Cultivation

In Florida, cultivation of cannabis is not an explicitly separate crime from other drug offenses. Instead, the laws of Florida broadly state that it is illegal to “sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver a controlled substance.” Florida Statute § 893.03(1)(c) states that cannabis is a Schedule I controlled substance. This includes cannabis plants, defined as seedlings or cuttings as long as there is some readily observable evidence of root formation, such as root hairs. The alleged manufacture or cultivation of marijuana is a third degree felony, if there are no prior drug convictions or additional charges. A third degree felony has the following penalties:

Maximum prison sentence of five years; and
Possible fine of up to $5,000.

The penalties for marijuana cultivation can be enhanced, depending on where the offense happened. If the cultivation or manufacture happened within 1,000 feet of any of the following properties, the charges are elevated to a second degree felony. A second degree felony is punishable by up to 15 years in prison, and a possible fine of up to $10,000.

The properties that elevate marijuana cultivation charges include:

State, county, or municipal park;
A public housing facility;
A publicly owned recreational facility;
A child care facility between the hours of 6 A.M and 12 A.M.;
A community center (a facility operated by a non-profit community-based organization for the provision of recreational, educational, or social services to the public)
Public/private elementary, middle, or secondary school between the hours of 6 A.M to 12 A.M;
Physical place of worship at which a church or religious organization regularly conducts religious services;
Public or private college, university, or other postsecondary educational institution;
A convenience business (any place of business that is primarily engaged in the retail sale of groceries, or both groceries and gasoline, and that is open for business at any time between the hours of 11 P.M. and 5 A.M.);
An assisted living facility.

If a person breaks a threshold for the number of cannabis plants possessed, that person will be deemed to be trafficking in cannabis regardless of their intentions. Those who knowingly possess over 25 pounds of cannabis or 300 or more marijuana plants, will face a first degree felony for trafficking in cannabis.

Trafficking in cannabis has the following penalties based on quantity:

Amount:	Penalties:
More than 300 plants but less than 2,000	Minimum Prison term of 3 years and $25,000 fine
2,000 plants but less than 10,000 plants	Minimum Prison term of 7 years and $50,000 fine
More than 10,000 plants	Minimum Prison term of 15 years and $200,000 fine

Additionally, any person convicted for cultivation of cannabis will have their driver's license suspended for up to two years.

Law Enforcement for Grow Houses in Florida

Law enforcement is conducting more sting operations due to the increasing number of illegal grow houses in Florida. Typically, smaller "unsophisticated" marijuana cultivations are most likely to be found. Police officers will use many tactics to discover new grow houses. The following are some ways enforcement officers find marijuana grow houses or home cannabis cultivations in Florida.

Looking for signs of cannabis cultivation outside the suspected residence, such as mold growing on the eaves or suspicious wiring.
A confidential informant is arrested and then attempts to avoid being prosecuted by informing on other individuals in the growing operation;
Neighbors who report suspicious activity;
Waiting outside hydroponic stores and looking for any suspicious activity;
Obtaining information about unusually high electric bills at a residence;
Tips from a disgruntled employee, or an unhappy love interest of the suspect who reports any knowledge about the presence of marijuana in the home;
Searching trash left at the curb and discovering any evidence of a marijuana grow house.

Additional Resources

Report for Florida's Domestic Marijuana Eradication Program – Visit the official website for Florida's Domestic Marijuana Eradication Program (DME). DME is a voluntary program which is offered to local agencies through the Florida Department of Agriculture & Consumer Services, Office of Agricultural Law Enforcement (OALE). Find more information regarding statistics and data for Florida grow houses.

Florida Marijuana Cultivation Laws – Visit the official website for Florida's laws and regulations. Find more information regarding the selling, manufacturing, possessing with intent to sell, or cultivation of a controlled substance. Read more surrounding the charge specifics, penalties, and admissible defenses.

Pensacola Lawyer for Marijuana Grow Houses in FL

Are you currently under investigation for cannabis cultivation? Have you been charged with cultivation of marijuana in the Escambia County or Santa Rosa County area? If so, do not hesitate on your next move. Find the efficient and effective legal representation you are looking for with John Terrezza at Terrezza Law.

John Terrezza is informed on all recent legislation regarding marijuana laws in Florida. He is a proud member of the National Organization for the Reform of Marijuana Laws or NORML. Additionally, John Terrezza is passionate about criminal defense. He believes that every person has a right to a fair trial, and wants to protect yours with a strategic legal defense.

John Terrezza accepts clients throughout the Santa Rosa County and Escambia County area including Gulf Breeze, Navarre, Pensacola, Milton, and Pensacola Beach.

Take the first step to formulating a strong defense today. Call us at (850) 764-5291, or simply submit an online contact form today.

This article was last updated on September 21, 2018.