MARIJUANA GROW HOUSES
A grow house is the name generally used to describe a house or other piece of property, often in a suburban area, devoted to growing marijuana. It may surprise people to learn how many of these grow houses exist in the state of Florida alone. Since 2010, law enforcement in central Florida noted that they had busted more than 700 marijuana grow houses in that area.
Growing marijuana has always been illegal in Florida. A person charged with growing marijuana can be charged by the weight or the plant. Trafficking in marijuana requires at least 300 plants For purposes Florida Statute Section 893.135(1)(a), possession of more than 25 pounds or over 300 marijuana plants carries a minimum mandatory sentence of 3 years in prison. Greater amounts can result in a minimum mandatory term of up to 15 years in prison.
In the “Marijuana Grow House Eradication Act” , Florida Statute Section 893.1351, the Florida Legislature enacted tougher measures to target marijuana growers. Any place where more than 25 plants are being cultivated constitutes prima facie evidence that the cannabis is intended for sale or distribution. In addition, Section 893.1351 provides criminal penalties for owners and residents of marijuana grow houses.
Florida Statute Section 893.1351 provides for the following provisions and penalties:
Landlord of Cannabis Grow House: This section of law applies to a landlord who knows about the grow house, and owns, rents or leases the grow house. This is a third degree felony and 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:
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Trafficking in a controlled substance as provided in section 893.135;
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For the sale of a controlled substance, as provided in Section 893.13; or
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For the manufacture of a controlled substance intended for sale or distribution to another.
Resident of Marijuana Grow House: This section of law 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 (if 25 plants or more are in the house).
This is 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:
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Trafficking in a controlled substance, as provided in s. 893.135;
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For the sale of a controlled substance, as provided in s. 893.13; or
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For the manufacture of a controlled substance intended for sale or distribution to another.
Resident of Grow House when Minor Child is Present: This section of law 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 (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.
This is a first degree felony punishable by 30 years in Florida State Prison and is specific to any person who is in actual or constructive possession of a house or other place with the knowledge of the following:
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That the place is being used to manufacture a controlled substance intended for sale or distribution to another; and
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Who knew or should have known that a minor is present or resides in the place.
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