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Ownership, Lease, Rental, Or Possession For Trafficking In Or Manufacturing A Controlled Substance

In 2008, the Florida Legislature made it a specific crime to own, lease, or rent a home or building for the purpose of trafficking in a controlled substance.

Essentially, this law made it a crime simply to own or operate a marijuana grow house. Prior to that, the accused owner or operator of the grow house could be charged with trafficking in cannabis (marijuana) if they had enough plants. Less than that and they were typically charged with attempted trafficking or possession with intent to sell.

If you own the property, rent the property, or lease the property with the knowledge that the property is being used for the purpose of trafficking in a controlled substance, it is a third-degree felony.

To be in actual or constructive possession of property used for trafficking, it is a second-degree felony.

To be in actual or constructive possession of property used for trafficking with the knowledge that a minor is present on the property, it is a first-degree felony.

You may be charged with this offense in addition to traffickin, cultivation, or possession with intent charges.