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Orlando Marijuana Cultivation Lawyer

 cultivation of marijuana

Although the opinion of marijuana has "lightened up" in recent years in the U.S., the possession, cultivation, and distribution of marijuana is still punished harshly in Florida. Anyone who grows, manufactures, or otherwise cultivates marijuana will face vigorous prosecution as well as serious consequences if convicted. At Adams & Luka, our Orlando marijuana cultivation lawyers have the experience, skill, and dedicated approach to reach a positive outcome for those accused of drug crimes.

Florida Statute §893.13(1)(a) makes it unlawful for any individual to cultivate or manufacture a controlled substance, or to possess that substance with the intent to manufacture. This includes cannabis, or marijuana. Manufacturing and cultivating are essentially the same; other synonyms for cultivating in Florida include packaging, propagation, growing, compounding, preparation, or production. Essentially, if you engage in any aspect of the process of manufacturing or cultivating marijuana, you will face serious criminal penalties if found guilty. Whether you have been arrested or are under investigation, we urge you to contact our office immediately.

Defenses to Marijuana Cultivation Charges in Orlando

In any criminal case, prosecutors have specific "elements" of a crime they must prove beyond a reasonable doubt in order for the defendant to be found guilty. With cultivation of marijuana charges, the state must prove:

  • The defendant engaged in manufacturing;
  • the substance manufactured was a controlled substance such as cannabis/marijuana;
  • the defendant did know that marijuana or cannabis was present.

There are many defenses to charges of marijuana cultivation. Which is most effective in your particular case will depend on the evidence and other factors, including whether your defense attorney can challenge searches or seizures performed by law enforcement that may have been unlawful.

Some of the most common defenses which fall under the Fourth Amendment include:

  • Invalid consent to search
  • Absence of warrant
  • Unlawful arrest or detention
  • Controlled substance not in plain view
  • Performing a search using police tactics that are unlawful
  • Violation of your Miranda rights
  • Police knocked on your door and coerced you into talking

Our Orlando marijuana cultivation lawyers will work to weaken the prosecutor's case, challenging evidence and using any witness testimony or other beneficial evidence to your advantage. Our top priority is preventing a conviction and thereby protecting you from loss of your freedom and other criminal penalties.

Criminal Penalties for Cultivation of Marijuana in Orlando & Central Florida

Cultivation of marijuana may be charged as a third-degree felony, or second-degree felony depending on the circumstances in a particular case. For instance, if the defendant is in actual or constructive possession of a grow house and possesses more than 25 marijuana plants, he/she may be charged with a second-degree felony, which results in harsher penalties. The penalties for both are outlined below:

  • Third-degree felony cultivation of marijuana will result in a maximum of five (5) years in prison, and fines of up to $5,000.
  • Second-degree felony cultivation of marijuana will result in a maximum of fifteen (15) years in prison.
  • First-degree felony cultivation of marijuana occurs when a minor resides or is present where marijuana plants are grown. A conviction for this offense will result in penalties that include a maximum of 30 years in prison.

In addition, those convicted will have their driver's licenses suspended and a permanent criminal record.

Contact Adams & Luka Today

All drug crimes are vigorously prosecuted in the state of Florida, however when the offense is related to manufacturing, cultivating, or distributing illegal substances, the matter becomes even more serious. If you have been arrested or are under investigation for cultivation of marijuana, your freedom, reputation, and future are at risk. We urge you to contact Adams & Luka now for aggressive legal representation. We offer a free consultation, so contact us today.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink