Marijuana Grow House Crimes by your Criminal Defense Lawyer in Tampa

In the past few years there has been an increase in “Grow House” cases in Florida. These cases involve individuals or groups cultivating marijuana in private homes. They use sophisticated lighting systems and state of the art methods.  To combat this crime the Florida legislature has increased the penalties.  Grow house operators now face at least 24 months in jail. That penalty increased depending on the weight of the marijuana.  Additional charges in these cases often include theft of electricity, possession with intent to sell or trafficking.

Contact a Tampa Criminal Defense Lawyer at Fernandez & , LLC if you have been arrested or are under investigation for being the owner or resident of a marijuana grow house. We are experienced and aggressive Criminal Defense Lawyers represent clients on these felony charges thoughout the greater Tampa Bay area including Hillsborough County, Polk County, Pasco County, and Hernando County, FL.

Do not speak to law enforcement without first consulting with an experienced Criminal Defense attorney. Call us to discuss your case at 813-229-5353

Florida Statute Section 893.1351

Under the recently passes “Marijuana Grow House Eradication Act” (HB 173 / SB 390), now Florida Statute Section 893.1351, a “grow house” can include any place where more than 25 plants are being cultivated because the statute provides that “[f]or 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.” The trafficking in marijuanastatute still requires a showing of 300 or more plants.

The rebuttable presumption that applies to marijuana grow houses might be overcome with evidence that the cannabis was not intended for sale or distribution. That presumption can be overcome if it can shown that the marijuana was intended for personal consumption and/or “medical” marijuana purposes.

Florida Statute Section 893.1351 provides for the following provisions and penalties:

Landlord of Cannabis Grow House

This charge can apply to a landlord if the landlord knows about the grow house, and the landlord owns, rents or leases the grow house.

Subsection (1) makes it a third degree felony (punishable by 5 years in Florida State Prison) to own, lease or rent any house or other place with knowledge that the place will be used for one of the following purposes:

• Trafficking in a controlled substance as provided in section 893.135;
• For the sale of a controlled substance, as provided in Section 893.13; or
• For the manufacture of a controlled substance intended for sale or distribution to another.

Resident of Marijuana Grow House

This charge applies to owner residents, renters or even visitors if the resident lives in the grow house, is found in the grow house, or exercises control over the grow house, and the marijuana is being grown with the intention to sale or distribute to another (which is presumed if 25 plants or more are in the house).

Subsection (2) makes it a second degree felony (punishable by 15 years in Florida State Prison), to knowingly be in actual or constructive possession of any house or other place with the knowledge that the place will be used for any of the following purposes:

• 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.

Resident of Grow House when Minor Child is Present

This charge applies to owner residents, renters, or even visitors that live in the grow house, are found to be present in the grow house, or exercise control over the grow house, and the cannabis is being grown with the intention to sale or distribute to another (which is presumed if 25 plants or more are in the house) and the resident knows or should have known that a minor lives in the house or is even present in the house.

Subsection (3) makes it a first degree felony (punishable by 30 years in Florida State Prison) for any person who is in actual or constructive possession of a house or other place with the knowledge of the following:

• That the place 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.

Choosing an aggressive Criminal Defense Lawyer for Marijuana Grow House Cases in Tampa, FL

Contact an experienced marijuana grow house criminal attorney at Fernandez & Law if you have been arrested or are under investigation for owning or residing in a Florida marijuana grow house for the Tampa Bay area, including Hillsborough County, Pinellas County, Polk County, Pasco County, or Hernando County, FL.  Call 813-229-5353 or go to: CriminalDefenseLawyerTampa.com