Cultivating marijuana or manufacturing controlled substances in Florida is illegal. If you are caught growing marijuana, you can be charged with a third-degree felony. This can result in a fine of up to $5,000, or prison of up to five years or both.

Like any controlled substances, the amount of plants you are growing has an effect on the consequences, but even one plant can put you in jeopardy and require an attorney’s help. There are legal defenses that an attorney can use to try to get the charges dropped or reduced. Felony charges are not something you want on your record.

One possible defense may be how the plants were found and seized. Was your fourth amendment right violated? The Fourth Amendment provides for “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . ..” Was a warrant legally obtained with good probable cause? Law enforcement often uses improper methods of suspicion to obtain warrants or search without probable cause.

Maybe the marijuana was found on your property, but you had no idea it was there. Maybe the marijuana was not on your property, but you are being charged with cultivating it on someone else’s. The prosecutor must be able to prove that you were involved in cultivating the plants.

The laws in the Florida statutes regarding controlled substances and cultivation of marijuana can be confusing. At Figueroa Law Firm, P.A., we understand how difficult this time can be and we are here to provide you with excellent defense strategies. To learn more about drug charges and defense options, please visit our webpage on the topic.