Florida Drug Cultivation and Manufacturing Laws

In the state of Florida, growing a single marijuana plant in your backyard or possessing certain chemicals could lead to legal consequences. The state takes a hard stance against drug cultivation and manufacturing. The fines and penalties have a wide range that depends on the type and amount of drug involved.

This article examines Florida's stringent drug cultivation and manufacturing laws. It explains the activities that fall under these categories and the possible fines and penalties.

Definition of Drug Cultivation and Manufacturing

Florida statute treats drug cultivation and manufacturing as two distinct drug crimes. It defines drug cultivation as the act of growing, planting, or harvesting a plant that produces controlled substances. This includes a wide range of plants, such as opium poppies and marijuana plants (cannabis).

Manufacturing refers to creating the drug through various chemical means. Some of these acts include the following:

• Refining coca leaves into cocaine
• Synthesizing methamphetamine
• Extracting THC to create concentrated marijuana products

Either cultivation or manufacturing can land you in serious legal trouble.

Penalties for Cultivation and Manufacturing of Controlled Substances in Florida

The penalties for the cultivation and manufacturing of controlled substances vary. It often depends on the type and amount of drug involved. The circumstances surrounding the case matter as well. The Florida statutes detail the penalties for cultivation and manufacturing as follows:

• Schedule I or Schedule II substances: This includes cocaine, LSD, methamphetamine, oxycodone, and heroin. The law considers it a second-degree felony. It's punishable by a prison sentence of up to 15 years and fines of up to $10,000.
• Schedule III, Schedule IV, and Schedule V substances: This includes anabolic steroids, ketamine, benzodiazepines, and drugs containing certain narcotics. The law considers it a third-degree felony. It's punishable by a prison sentence of up to five years and fines of up to $5,000.
• For manufacturing certain opioids, the Florida statute considers it a first-degree felony. It is punishable by a prison sentence of up to 30 years with a mandatory minimum of three years.

The court determines the exact fines and penalties on a case-by-case basis. Federal laws may likewise apply and affect certain jurisdictions' penalties. For legal help, contact a criminal defense attorney specializing in drug crimes.

Penalties for Cultivation and Manufacturing of Marijuana in Florida

The medical use of marijuana is legal in Florida. As of October 2024, recreational use remains illegal in the state. It's unlawful for anyone to grow marijuana plants in the state without a license. The following are the penalties for the cultivation and manufacturing of marijuana in Florida:

• Cultivation of 25 marijuana plants is considered a felony with a maximum penalty of up to five years in prison and a fine of $5,000.
• Cultivation of more than 25 marijuana plants carries a maximum sentence of 15 years. If a minor lives within the cultivation site, the maximum prison sentence increases to up to 30 years.
• Manufacture of marijuana concentrates such as wax, oil, hash, and more is considered a third-degree felony, punishable by five years of a prison sentence and a fine of up to $5,000.

Statutes related to marijuana may change through voter initiative. While the Governor of Florida opposed recreational marijuana use, it's on the ballot in November 2024.

Aggravating Circumstances

When assessing the penalties for a drug crime, the court may also compound it with another criminal case. Aggravating factors could also enhance the penalties and fines provided to an offender. The following are some of the aggravating factors under Florida marijuana laws:

The offender committed criminal activity within protected areas - The penalties for these charges increase when committed in specific locations. This includes being within 1,000 feet of the following locations:

• Child care facilities
• Public or private elementary, middle, or secondary schools
• State, county, or municipal parks, community centers, or recreational facilities
• Publicly-owned recreational facilities
• A physical place for worship

What the law prosecutes as a second-degree felony could become a first-degree felony. The law likewise puts a more severe penalty on activities in or near public housing facilities. The offender could also face a first-degree felony.

The offender committed the criminal activity with a child present - Florida laws increase penalties for offenders committing illegal drug activities with minors present. The law imposes first-degree felony charges. The minimum of five years of jail time for offenders who manufacture methamphetamine or phencyclidine when a child under 16 years of age is present.

The penalty increases if the drug manufacturing activity causes injury to a child under 16 years of age. In this case, the minimum sentence increases to 10 years of imprisonment.

The person has chemicals intended for manufacturing controlled substances - It's illegal to possess certain chemicals while intending to manufacture a controlled substance. Simple possession of these chemicals and the intent to produce these drugs could lead to criminal charges.

Note: Florida state laws are always subject to change. Please consult an attorney or conduct legal research to verify the state law(s) you are researching.

Related Articles:

• Florida Heroin Laws
• Florida Cocaine Laws
• Florida Drug Possession Laws
• Florida Drug Distribution Laws

Facing Drug Cultivation or Manufacturing Charges in Florida? An Attorney Can Help

Understanding Florida's drug cultivation and manufacturing laws is complicated. If you're facing criminal charges related to marijuana cultivation, drug trafficking, or any drug manufacturing, a Florida criminal defense lawyer with experience handling drug crime cases can help.

An attorney will protect your rights while developing a solid defense strategy. They can aid in reducing your charges or looking at alternative sentencing options. Speak with a criminal defense attorney at a law office near you.