Cultivation of Cannabis in Florida Cultivation of Marijuana
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We are Criminal Defense Lawyers who Represent Clients Charged with Cultivation of Cannabis in Florida
In Florida, the growing, cultivation, or manufacture of marijuana (cannabis) is unlawful. It is unlawful for any person to manufacture or possess with intent to manufacture a controlled substance, including cannabis.
Proof Required for Cultivation Charges
In order to prove the charge of cultivation or manufacture of marijuana in Florida, the prosecution must prove three elements beyond a reasonable doubt:
- The defendant engaged in manufacturing,
- The manufacturing was of a controlled substance (marijuana/cannabis), and
- The defendant had knowledge of the presence of the marijuana or cannabis.
Penalties for the Criminal Cultivation of Cannabis in Florida
Criminal Cultivation of Cannabis in Florida is a third degree felony punishable by up to five (5) years in prison and a $5,000 fine. Cultivating or manufacturing of marijuana may be classified as a second degree felony punishable by up to fifteen (15) years in prison when the accused is in actual or constructive possession of the grow house and is found in possession of more than twenty-five (25) cannabis plants. If minors are present or residing at the location where the plants are grown, the offense may be charged as a first degree felony.
Manufacture of Cannabis Charges in Florida
In Florida, manufacture of cannabis is the production, preparation, packaging, labeling or re-labeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly.
Defenses to Marijuana Cultivation
Many of the defenses available in ordinary drug possession cases are available with cultivation or manufacturing charges, including constitutional legal defenses that challenge unlawful searches or seizures by law enforcement. Some common Fourth Amendment defenses available in cultivation cases include: absence of a warrant, defective warrant, unlawful execution of a search warrant, absence of probable cause to obtain a warrant, stale information forming the basis of the warrant, exceeding the scope of the search authorized by the warrant, invalid consent to search, coercive “knock and talk”, constructive entry during knock and talk, exceeding the scope of a consensual search, unlawful arrest or detention, absence of exigent circumstances, controlled substances not in plain view, warrant-less search within the curtilage of a residence, Miranda violations, 5th and 6th amendment right to counsel violations, overly broad search incident to arrest, overly broad protective sweep, use of unlawful police tactics constituting a “search.”
Early Negotiation is Critical in a Sale of Marijuana Defense in Florida
Early contact in the criminal process communicates competence, resolve, and establishes a rapport that may be needed during future negotiations.
We will make early contact with the prosecutor to present factual defenses, legal issues, and mitigating circumstances that may have a dramatic impact on the State’s decision to move forward against you.
We also happen to be Florida criminal law attorneys.
We can help you.
Our Florida criminal lawyers serve clients charged with the cultivation of marijuana cases in Palm Beach County, Broward County, Miami Dade County, and most other Florida cities and counties.
We handle criminal law cases and the cultivation of cannabis charges in Palm Beach, Broward, Miami Dade County and throughout Florida.
We want to hear your story, and share ours.