Florida ’Grow House’ Law
A grow house is loosely defined as any indoor property used to grow controlled substances (most often, cannabis plants). Florida has historically ranked highly in terms of the number of grow houses in action at any point, with the 2010s seeing significant numbers of raids each year. If you have been accused of operating a grow house in Florida, it is imperative that you not speak to authorities without an attorney on your side.
Potential Sentences Are Harsh
Due to its past history with illegal substances, Florida prosecutes drug offenders harshly, intending to send a message to others who may be involved with drugs. In 2008, the state passed the Marijuana Grow House Eradication Act, aimed specifically at shutting down these types of concerns by criminalizing the cultivation and manufacturing of controlled substances.
The Act also states that the “ownership, lease, rental or possession” of a building for the purposes of cultivating controlled substances is actionable, usually charged as a third-degree felony. This can be a shock to some who may have little knowledge of just what their tenants are doing – but the way Florida’s drug laws are structured can sometimes place a person who is ignorant or negligent into legal jeopardy, even if they did not act with malice or intent.
Additional Charges Are Possible
If you have been charged with owning or operating a grow house, know that these crimes are almost always charged as felonies. A third-degree felony carries a minimum of five years in jail, plus heavy fines, while a first-degree felony conviction carries a fine of at least $30,000 and 30 years in prison. In addition to any sentence imposed as a direct result of conviction, there are several potential indirect consequences, such as having one’s driver’s license suspended.
Be advised that in some cases, grow house crimes like cultivation can lead to separate charges of drug trafficking. In Florida, if a person is found with a certain amount of a drug (the threshold varies between substances), it is assumed as a matter of law that their intent is to sell or traffic the substance. For example, if a person is found with 30 grams of cocaine, state law immediately assumes it is for trafficking purposes.
Contact A West Palm Beach Grow House Attorney
Drug crimes in Florida are taken very seriously, and if you are found to own or be operating a grow house, it is seen as a significant offense against society. A West Palm Beach drug crime attorney from Perlet & Shiner, P.A. can help protect your rights as you navigate the legal process. Call our office today at (561) 721-0552 to schedule a consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0893/Sections/0893.1351.html#:~:text=(1)%20A%20person%20may%20not,substance,%20as%20provided%20in%20s.
