Cultivation / Grow House
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Cultivation / Grow Houses

The Law Offices of Germain & McCarthy, LLC is experienced criminal defense law firm in Melbourne, Florida. Our criminal defense lawyers are 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.

Melbourne Marijuana Cultivation Defense Attorney

Our dedicated attorneys effectively represent clients in Brevard County, Florida, including the cities and towns of Melbourne, Satellite Beach, Merritt Island, Titusville, Viera, Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, West Melbourne, Palm Bay and Rockledge.


Cultivation of Marijuana (Manufacture of Cannabis) Information Center


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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 Scoresheet.

  • Grow house operation and marijuana cultivation are 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 by up to 30 years in Florida state prison.

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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 places with the knowledge that the place will be used for any of the following purposes:

  1. Trafficking in marijuana, as provided in s. 893.135;
  2. For the sale of marijuana, as provided in s. 893.13; or
  3. For the manufacturing / cultivation of cannabis intended for sale or distribution to another (presumed if 25 or more marijuana plants).

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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 places with knowledge that the place will be used for one of the following purposes:

  1. Trafficking in Cannabis as provided in section 893.135;
  2. For the Sale of marijuana, as provided in Section 893.13;
  3. For the manufacture of cannabis intended for sale or distribution to another (presumed if 25 or more cannabis plants).

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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 places with the knowledge of the following:

  1. 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
  2. Who knew or should have known that a juvenile is present or resides in resident.

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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 a case of actual possession of marijuana.


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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 a conviction:

  1. Awareness of the marijuana's presence;
  2. Familiarity that the substance was marijuana; and
  3. Territorial control over the marijuana.

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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.


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The Law Offices of Germain & McCarthy, LLC | Cultivation of Marijuana Defense Attorney

Our experienced Brevard County marijuana defense attorneys with The Law Offices of Germain & McCarthy, LLC can effectively defend clients accused of manufacturing cannabis (marijuana). Our attorneys understand that any drug possession accusation can be damaging to your reputation. We will utilize our competent knowledge of Florida’s drug laws to represent you. Contact us by calling (321) 253-3447 or submit your information in our online form.

The Law Offices of Germain & McCarthy, LLC defends clients for Manufacture of Cannabis / Cultivation of Marijuana charges in Brevard County, Volusia County, Seminole County, Orange County, Osceola County, and Indian River County, FL.

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