Orlando Marijuana Cultivation Lawyer
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.