Grow houses refer to facilities (and sometimes homes or apartments) that are used to cultivate marijuana. Grow houses are illegal in Florida and are typically paired with distribution charges.
Melbourne Lawyer for Grow House Charges
If you have been charged with cultivating marijuana or operating a grow house, you need to contact the experienced lawyers at Germain Legal.
Germain Legal is an experienced criminal defense law firm in Melbourne, Florida. Mark Germain is effective in legally representing clients for Cultivation of Cannabis charges.
As with any drug related offense, alleged offenders run the risk of negatively affecting their employment status, military, or academic status; prohibition from attending your child’s school or recreational activities; ineligibility to have your record sealed; and if convicted a mandatory two (2) year Driver’s License suspension.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Cultivation of Marijuana
Under Florida law, Section 893.13(1)(a) governs the offense of cultivation of marijuana, which is a third degree felony punishable by up to five years in Florida State Prison. The offense is considered a Level 3 offense, which assuming no other additional charges or prior record would equate to 16 points on your Florida Criminal Punishment Code Score sheet.
- Grow house operation and marijuana cultivation is considered a felony, regardless of the circumstances under Florida law. The severity and extent of the punishment, however, differs depending on the situation.
- Owning, renting, or leasing any place and knowing that it will be used to cultivate marijuana is a third degree felony with a maximum penalty of 5 years in Florida state prison.
- If you’re in actual or constructive possession of the grow house—living or operating in it—it is considered a second degree felony with a sentence of up to 15 years in Florida state prison.
- Operate the grow house the presence or residence of a minor, and it becomes a first degree felony, punishable with up to 30 years in Florida state prison.
Dweller of Marijuana Growing House
Being a dweller or resident of marijuana growing house is a 2nd degree felony; punishable by 15 years in Florida State Prison, to knowingly be in actual or constructive possession of any grow house or other place with the knowledge that the place will be used for any of the following purposes:
- Trafficking in marijuana, as provided in s. 893.135;
- For the sale of marijuana, as provided in s. 893.13; or
- For the manufacturing / cultivation of cannabis intended for sale or distribution to another (presumed if 25 or more marijuana plants).
Proprietor of Cannabis Grow House
Being a proprietor of a cannabis grow house is a 3rd degree felony; punishable by 5 years in Florida State Prison to own, lease or rent any grow house or other place with knowledge that the place will be used for one of the following purposes:
- Trafficking in Cannabis as provided in section 893.135;
- For the Sale of marijuana, as provided in Section 893.13;
- For the manufacture of cannabis intended for sale or distribution to another (presumed if 25 or more cannabis plants).
Resident of Marijuana Grow House when Minor Child is Present
Residents’ of marijuana grow houses consisting of a minor or minors close at hand is a first degree felony; punishable by 30 years in Florida State Prison for any person who is in actual or constructive possession of a grow house or other place with the knowledge of the following:
- That the place is being used to produce marijuana intended for sale or distribution to another presumed if 25 or more cannabis plants are present; and
- Who knew or should have known that a juvenile is present or resides in resident.
Actual Possession
To institute that an individual actually possessed marijuana, prosecutors must prove that marijuana was uncovered on the alleged offender. For instance, if Cannabis (marijuana) was uncovered from your pockets, the convicting prosecutor would have case of actual possession of marijuana.
Constructive Possession
Constructive possession is instituted if Cannabis (marijuana) is uncovered from a location where multiple people have access. In these circumstances, the convicting prosecutor will have a complicated time establishing that you possessed the marijuana. Florida law obligates prosecutors to comply with the law of constructive possession.
Constructive possession law obligates the prosecutor to prove distinct fundamentals prior to an conviction:
- Awareness of the marijuana’s presence;
- Familiarity that the substance was marijuana; and
- Territorial control over the marijuana.
Florida State Statute §893.1351
According to Florida State Statute §893.1351 for Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance–
(1) A person may not own, lease, or rent 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, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) A person may not knowingly be 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, as provided in s. 893.135; for the sale of a controlled substance, as provided in s. 893.13; or for the manufacture of a controlled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A person who 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 who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) For the purposes of this section, proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.
Lawyer for Marijuana Cultivation in Brevard County, Florida
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
