Orlando Marijuana Grow House Attorneys
Being accused of operating a marijuana grow house should be taken very seriously in the state of Florida, as the criminal penalties are harsh for those convicted. Basically the same thing as cultivating or manufacturing marijuana or cannabis, the charge may be enhanced if the marijuana is sold, or a gun found on the premises where marijuana is being grown. In fact, you may even face federal charges. At Adams, Luka, & Benton, our Orlando drug crimes attorneys are dedicated to providing clients with an outstanding defense, working to protect your freedom and legal rights. If you have been arrested or are under investigation for maintaining a marijuana grow house, it is imperative you contact us immediately.
The purchase of grow house equipment, suspicious electric bills, or even a neighbor's suspicion and report to police can land you in serious trouble. Police cannot search your property, vehicle, or person without a valid warrant. In addition, the individual(s) who reported a suspected marijuana grow house to law enforcement officials may not be reliable. Regardless of why you are suspected, it is essential to consult with a skilled defense attorney immediately.
In the state of Florida, entire suburbs have been devastated due to foreclosure in recent years. Many of these homes are used as marijuana grow houses, although this is not widely known or shared in the media. Authorities use electric bills to locate these illegal operations, as police have partnered with the OUC (Orlando Utility Commission) to monitor locations that are suspect.
Defenses to Marijuana Grow House Charges in OrlandoThe elements that must be proven by the state are the same as those for cultivation of marijuana, and include:
- You participated in manufacturing;
- the substance being manufactured was cannabis/marijuana;
- you, as the defendant, knew that the cannabis/marijuana was present.
In devising a solid, effective defense strategy, your attorney will review the details of your case, and likely make use of unlawful searches or seizures often performed by law enforcement. The most common defenses in marijuana grow house cases include:
- Unlawfully executed search warrant
- Lack of search warrant
- Arrest or detention that was unlawful
- Violation of your Miranda rights
- Police use of unlawful tactics in conducting a "search"
- Controlled substance was not in plain view
- Defective search warrant
- Absence of urgent or emergency circumstances
Working with you, we will develop the most suitable defense for the best possible results.
Penalties for Marijuana Grow House in Orlando & Central FloridaThe criminal penalties an individual may face if found guilty of operating a marijuana grow house depend on several factors, including the number of marijuana plants involved and whether minors were living at or present on the premises. The penalties are as follows:
First-degree felony marijuana grow house. This will be the charge if minors were present. Penalties include a maximum of thirty (30) years in prison.
Second-degree felony. When an individual accused of operating a marijuana grow house has more than 25 cannabis plants and is in actual or constructive possession o f the grow house, he/she may face penalties that include up to fifteen (15) years in prison.
Third-degree felony. Maintaining a marijuana grow house in which fewer than 25 marijuana plants are grown may be punished by a maximum of five (5) years in prison, and fines of up to $5,000.
The penalties are severe; if convicted, you will lose your freedom for a time. In addition, those convicted will lose their privilege to drive, and have a permanent criminal record.
Contact Adams, Luka, & Benton ImmediatelyAs you can see, operating a marijuana grow house in Orlando is extremely serious. If charged, you will face vigorous prosecution. At Adams, Luka, & Benton, our job is to achieve the best outcome for our client, whether that means having charges dismissed prior to trial, obtaining an acquittal at trial, or determining whether a plea option would be favorable in order to mitigate the damage. We urge you to contact us now for a free consultation.