Grow Houses – Trafficking

Under the recently passes “Marijuana Grow House Eradication Act” (HB 173 / SB 390), now Florida Statute Section 893.1351, a grow house can include any place where more than 25 plants are being cultivated because the statute provides that “[f]or 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.” The trafficking in marijuana statute still requires a showing of 300 or more plants.

The rebuttable presumption that applies to marijuana grow houses could be overcome with evidence that the cannabis was not intended for sale or distribution if it can be shown that the marijuana was intended for personal consumption and/or “medical” marijuana purposes.

Contact an attorney at the Sammis Law Firm if you have been arrested or are under investigation for being the owner or resident of a marijuana grow house in Florida, including Tampa, Hillsborough County, Bartow, Polk County, New Port Richey or Dade City, Pasco County, or Clearwater or St. Petersburg, Pinellas County, FL. Never talk with a Florida law enforcement officer without first consulting with an experienced Tampa Marijuana Attorney to discuss the particular facts of your case.

Florida Statute Section 893.1351, provides the following provisions and penalties:

Landlord of Cannabis Grow House: Can apply to landlord if you know about the grow house, and you own, rent or lease the grow house (regardless of whether you take part in or profit from growing the marijuana).

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Subsection (1) makes it a third degree felony (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:

  • Trafficking in a controlled substance as provided in section 893.135;
  • For the sale of a controlled substance, as provided in Section 893.13; or
  • For the manufacture of a controlled substance intended for sale or distribution to another.

Resident of Marijuana Grow House: Applies to owner residents, renters or even visitors if you live in the grow house, are found to be present in the grow house, or exercise control over the grow house, and the marijuana is being grown with the intention to sale or distribute to another (which is presumed if 25 plants or more are in the house).

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Subsection (2) makes it a second degree felony (punishable by 15 years in Florida State Prison), to knowingly be in actual or construtive possession of any house or other place with the knowledge that the place will be used for any of the following purposes:

  • 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.

    Resident of Marijuana Grow House when Minor Child is Present: Applies to owner residents, renters, or even visitors if you live in the grow house, are found to be present in the grow house, or exercise control over the grow house, and the marijuana is being grown with the intention to sale or distribute to another (which is presumed if 25 plants or more are in the house) and you know or should have know that a minor lives in the house or is even present in the house.

    Subsection (3) makes it a first degree felony (punishable by 30 years in Florida State Prison) for any person who is in actual or constructive possession of a house or other place with the knowledge of the following:

    • That the place 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.

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