Operating a marijuana grow house doesn’t always lead to a trafficking in marijuana charge. It is important to remember that drug trafficking in the State of Florida is based on the weight of the drug.
For marijuana, that trafficking threshold is 25 pounds or 300 plants.
If you are charged with operating a marijuana grow house, you could be charged with trafficking if you have 300 plants or the plant material weighs 25 pounds.
But if not, then you could still face cultivation of marijuana charges as well as owning or operating a property for the purpose of trafficking in a controlled substance.
A few years back, Florida lawmakers decided to make it a serious felony to use a property for the purpose of trafficking, namely growing marijuana.
If the home is owned is by you and marijuana is being grown inside of the home with your knowledge, you can be charged.
If you lease or occupy the property, you can be charged as well.
If children are present in the house, you can be charged with a first-degree felony.
Florida Statute Section 893.1351 states that penalties shall range from 5 years in prison all the way up to 30 years just for owning, leasing, renting, or occupying a marijuana grow house.
The statute also provides that simply having 25 or more marijuana plants constitutes evidence that the marijuana is intended for sale and not for personal use.
Marijuana grow houses are detected through the use of confidential informants, FPL records (to see about unusually high power usage), and observations of officers (such as a smell of marijuana surrounding the home). Officers will often obtain search warrants permitting them to enter the property to locate the marijuana.
A miami marijuana grow house lawyer or Broward marijuana grow house lawyer can assist you if you are facing trafficking or non-trafficking charges related to the growing of marijuana.