Penalties for Operating a Grow House in Florida

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Issue: What are the penalties for operating a grow house in Florida?

Facts: If you own or live in a house for the purpose of cultivating marijuana you are facing very serious charges. You will need an attorney, and a law firm that has experience in handling Marijuana Grow House cases. Recently in Southwest Florida there has been a bill introduced to combat the increasing problem of marijuana grow houses in Florida. House Bill 173, the Marijuana Grow House Eradication Act, won approval from the House Committee on Homeland Security and Public Safety. In this bill it creates penalties for people who grow 25 plants or more and those who merely own or live in a house for the purpose of cultivating marijuana. With the new laws in place any bust over 25 plants will be treated as a felony offense with a minimum jail sentence. The penalties become more severe when a child is present in the household. In order for law enforcement to have enough evidence space for other cases they are no able to destroy grow house equipment right after the investigation is complete. With this drastic increase in marijuana cultivation there has been a multi-agency drug task forces such as HIDTA (High Intensity Drug Trafficking Area) implemented that work alongside the Office of National Drug Control Policy to bust hydroponic operations. The grow houses grow the marijuana plants using hydroponic methods. With these methods it enables operators to cultivate marijuana plants with higher THC levels then the typical outdoor plant. The high tech hydroponic operations use little to no sunlight and stimulate sunlight by using high intensity heat lamps and also use irrigation systems of water and chemical fertilizers. These operations usually use special designed tim...

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...lled substance intended for sale or distribution to another. A person who violates this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
7. (3) A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance 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, structure, trailer, or conveyance commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
8. (4) For 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.

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