Manufacturing Cannabis

Under Florida criminal law the term manufacturing applies to the unlicensed production of any controlled substance. The penalties for anyone convicted of manufacturing depend on the type of drug, but in almost all circumstances the defendant will face a felony charge. Without a doubt the most common manufacturing crime is the growing or cultivation of marijuana. Marijuana cultivation is illegal under all circumstances in Florida, and medical cannabis patients are strictly prohibited from growing even one plant. States that have refused to decriminalize marijuana are considering allowing medical patients to grow their own plants, but Florida is not one of them. If you have been charged or are under investigation for manufacturing a controlled substance it is imperative to contact a lawyer immediately. Do not speak to the police about your charges or provide any other information without counsel present, as detectives routinely make false promises, and are trained to extract incriminating statements from unrepresented suspects. Benjamin Herbst is a South Florida criminal defense lawyer who specializes in charges for manufacturing cannabis. He fights for clients in Miami-Dade, Broward, and Palm Beach County, as well as the Treasure Coast jurisdictions of Martin and St. Lucie County. Benjamin has successfully defended dozens of clients who were unjustly prosecuted for growing marijuana, and he continues to fight for the decriminalization of cannabis. Benjamin takes this fight to the courtrooms across Florida, and will not be satisfied unless his clients receive the best possible outcome in their case.

Manufacturing marijuana is a third-degree felony in Florida that is punishable by up to 5 years in prison under 893.13. The law does not give breaks to defendants who only grow a small amount for personal use, even if they have a medical condition. Anyone who grows a small amount of marijuana faces a decreased likelihood of being arrested, but we have seen numerous cases where law enforcement becomes aware of even the smallest grow operations. Spouses, neighbors, or workers can report a marijuana grower to law enforcement, who can then in turn apply for a search warrant. Police may also inadvertently stumble upon a small growing operation while investigating another matter, and then gain access to the home through a warrant or even an invitation. Benjamin understands that many small-time growers in Florida have no intention of selling their harvest on the street and pose no threat to the public, but are treated as criminals in the courts. He will do whatever it takes to make sure his clients are treated fairly and that the charges will not permanently impact their lives.

Anyone arrested for manufacturing more than an obvious personal use amount of cannabis may also face enhanced penalties under Florida statute 893.1351. This law provides stiff penalties for owning, maintaining or renting a home or other structure for the purpose of manufacturing a controlled substance that is intended for sale. The law states that seizure of 25 or more marijuana plants is prima facie evidence that the person intended to cultivate for the purpose of distribution. In the grand scheme of things 25 plants is hardly proof that the cultivator is a drug dealer, but the law seeks to punish these defendants as dealers nonetheless. Maintaining a home or structure for the purpose of manufacturing cannabis is a second-degree felony. If a minor resides at the home or is even present the charge becomes a first-degree felony that carries a penalty of up to 30 years in jail. Judges are prosecutors take this charge extremely seriously, which makes it all the more important to retain an experienced South Florida marijuana cultivation lawyer. Benjamin has successfully defended numerous growers and prepared to fight for you in your case. Call Benjamin 7 days a week at (954) 543-0305 to set up a free legal consultation over the phone or at his Fort Lauderdale or West Palm Beach offices. Benjamin is also willing to travel anywhere from South Miami to Port St. Lucie to discuss your marijuana manufacturing case.