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Cultivation of Marijuana Charges

The State of Florida leads the nation in its harsh enforcement of marijuana laws for possession and cultivation of cannabis. In fact, Florida leads the nation in raids on indoor cannabis cultivation or marijuana hydroponic operations. Law enforcement officers devote tremendous resources to finding the small "grow houses" through sting operations. Many of these sting operations involving confidential informants or officers following people home from hydroponic gardening supply stores throughout the Tampa Bay area.

Many law enforcement officers describe their sting operations as "fishing out of a barrel." Grow house sting operations are ineffective because it targets only the most inexperienced grow house operators. Even more problematic, precious resources devoted to marijuana cultivation come at the expense of more important investigations into the trafficking of dangerous controlled narcotics such as methamphetamine, cocaine, and heroin across the State of Florida.

In "manufacture of cannabis" cases in Florida, the police often search a home either with or without an arrest warrant or a search warrant. Any search of a home is the most scrutinized type of search under the Fourth Amendment of the United States Constitution.

Marijuana Cultivation Grow House in Hillsborough County, Florida

Defenses for Marijuana Cultivation under Florida Law

The defense in these felony drug cases often hinge on:

  • your attorney's experience in marijuana cultivation cases;
  • the thoroughness of your attorney's investigation into the facts of the case;
  • the questioning of the officers during depositions to uncover holes in their testimony; and
  • the issues raised in motions to suppress and motions to dismiss.

Many of these searches by law enforcement are illegal because they violated the Fourth Amendment. Any issue with the legality of the search can result in the prosecutor dropping the charges or the judge granting a motion to exclude the evidence against you.

Our Attorneys are Members of the NORML Legal Committee

If you are under investigation or have been arrested for Marijuana Cultivation or Trafficking, contact an attorney experienced in defending cultivation of marijuana cases throughout the State of Florida. Our attorneys are members of the NORML Legal Committee committed to the reform of marijuana laws in Florida.

The attorneys at the Sammis Law Firm work hard to stay current on the most recent changes in the law affecting marijuana cultivation prosecutions and defenses. Additionally, we work with a network of lawyers throughout the State of Florida and the rest of the nation who are fighting similar battles to defend individuals charged with serious marijuana offenses, including cultivation and trafficking. Read more about the pros and cons of the Legalization of Marijuana in Florida.

The Charge of Cultivation of Marijuana or Manufacture of Cannabis

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 (three) offenses, which assuming no other additional charges or prior record would equate to 16 points on your Florida Criminal Punishment Code Score sheet. In Tampa, Hillsborough County, FL, the marijuana cultivation charge is written up as the criminal offense of "manufacture of cannabis" under the same statute and subsection.

Raids on Indoor Marijuana Cultivation Homes in Florida

The explosion of law enforcement resources being shifted to finding marijuana cultivation operations in Florida is incredible. In 2008 more than 1,022 grow houses were raided in Florida. That marks a sharp increase from 2006 when only 480 grow houses were found in Florida, and from 2007 when 944 grow houses were found in Florida. The number of marijuana cultivation and cannabis grow house operations have also increase dramatically in the Tampa Bay area of Tampa, St. Petersburg and Clearwater, for Hillsborough County, and Pinellas County, Florida.

Those high numbers do not necessarily mean that more marijuana is grown here compared with other urban areas. Instead, aggressive law enforcement policies in Florida are probably catching more individuals growing marijuana, especially the small unsophisticated operation.

Marijuana grown indoors using hydroponic supplies is much more potent than the marijuana of 30 years ago. Thirty years ago, marijuana contained about 7% THC. Today, the hydroponic versions of marijuana have THC levels above 25%.

The Unsophisticated "Grow House" is the are the Most Likely Target of Sting Operations

As information becomes more readily available on the internet about how to grow marijuana indoors, more people make an attempt to start a small unsophisticated operation for their own personal consumption. Those small unsophisticated marijuana cultivations are the most likely type of "grow house" to be discovered by law enforcement officers in Tampa, Hillsborough County, and the surrounding areas of Clearwater and St. Petersburg, Pinellas County, Bartow, Polk County, New Port Richey and Dade City, Pasco County.

Many of our clients have no criminal record. A serious drug accusation such as marijuana cultivation or trafficking can have serious collateral consequences which are most destructive to an individual with no criminal record who attempts a small cultivation of cannabis for personal consumption as a hobby or out of curiosity.

Sting Operations in Marijuana Grow House Cases

The larger grow house operations are more sophisticated, and less likely fall prey to the most common types of sting operations. How do law enforcement officers find marijuana grow house or cannabis cultivations operations in Florida?

  1. Law enforcement officers wait outside a hydroponic store and then follow home anyone who makes a purchase.
  2. Law enforcement officers set up a dummy on-line hydroponic store, forum or informational website to gather information about citizens that visit the site to request additional information.
  3. A neighbor reports suspicious activity.
  4. A disgruntled employee, or unhappy former love interest can report their knowledge about the presence of marijuana in the home to the police.
  5. A confidential informant is arrested and then attempts to avoid being prosecuted by "setting up" other individuals. 
  6. Officers receive information about unusually high electric bills at a residence.
  7. Officers notice certain signs of the cannabis cultivation operation from the outside of the house, such as mold growing on the eaves, or usually wiring.
  8. The occupant of the house fails to put his trash at the curb for pick up which can raise an officer's suspension after they have begun surveillance on the house.
  9. The police search the trash left at the curb and discovery evidence of marijuana being grown in the hosue.

Officers have become increasing creative in finding indoor cultivation of marijuana operations in Florida, including using confidential informants working at hydroponic stores to gather information from customers. The law enforcement officers then use those leads to conduct surveillance on the individuals until they gather enough information to obtain an arrest or search warrant.

In other cases, the law enforcement officers simply conduct a "knock and talk" which involves a number of officers approaching the front door of a house in an attempt to gain "voluntary consent" to search the residence. Furthermore, law enforcement officers can search electric bills, or survey the outside of the home looking for any indications of indoor marijuana cultivation.

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Other Marijuana Offenses Under Florida Law:

  • Possession of less than 20 grams of cannabis under Florida law is a first degree misdemeanor punishable by up to 12 months in the county jail.
  • Possession of more than 20 grams of cannabis under Florida law is a third degree felony punishable by up to 5 years in Florida State Prison.
  • Sell, delivery or manufacture of marijuana or cannabis within 1,000 feet of a church, park, day care or school is a second degree felony punishable by 15 years in Florida State Prison.
  • Selling marijuana to a minor in the State of Florida is a second degree felony punishable by up to 15 years in Florida State Prison.
  • Trafficking in Cannabis -
  • More than 25 pounds of marijuana but less than 2,000 pounds of marijuana [or more than 300 cannabis plants but less than 2,000 cannabis plants] is a first degree felony punishable by 30 years in Florida State Prison with a 3 year minimum mandatory sentence (meaning that at least three years of the sentence must be served day for day), plus a $25,000.00 fine.
  • More than 2,000 pounds of cannabis but less than 10,000 pounds of cannabis [or more than 2,000 marijuana plants but less than 10,000 marijuana plants] is a first degree felony punishable by 30 years in Florida State Prison with a 7 year minimum mandatory sentence and $50,000.00 fine.
  • More than 10,000 pounds of marijuana [or more than 10,000 cannabis plants] is a first degree felony punishable by 30 years in Florida State Prison with a 15 year minimum mandatory sentence and a $200,000.00 fine.

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Recent News Articles on Marijuana Grow Houses in Florida

  • Cultivation of Marijuana Bust in Pinellas County - The Pinellas County Sheriff's Office arrested three people in Dunedin and St. Petersburg, Florida, as part of "Operation Eagle Claw," a statewide effort to combat marijuana grow houses...

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Choosing an Attorney for a Cannabis Cultivation Case

At the Sammis Law Firm, our attorneys are focused on fighting marijuana and cannabis cultivation cases in the Tampa Bay area, including Tampa or Plant City in Hillsborough County, Bartow in Polk County, New Port Richey or Dade City in Pasco County, St. Petersburg or Clearwater in Pinellas County, and Brooksville in Hernando County, FL.

Contact a drug crimes lawyer for any cannabis cultivation case in Florida to discuss defenses that may apply given the particular facts and circumstances of your case. Call 813-250-0500.

Last updated by Jason D. Sammis on Friday, June 20, 2014.

Picture of Marijuana Plants Grown Inside House