The possession, sale, and use of illegal drugs are prohibited. In addition to these crimes, states also prohibit the cultivation or manufacturing of drugs. Florida is no exception and punishes these acts severely.
The chart below provides links to Florida laws relating to the cultivation and manufacture of drugs:
|Drug Cultivation or Manufacturing Prohibited
Florida state laws prohibit the unlawful cultivation or manufacturing of controlled substances. Illegal activities include the growth of marijuana plants as well as operations to make or process substances such as cocaine, phencyclidine (PCP), methamphetamine, and many others listed by state law.
The state increases the severity of the criminal charge under certain circumstances. For example, drug cultivation or manufacturing activities conducted within 1,000 feet of a school, child care facility, public park, or community recreational facility will result in prosecution as a first degree felony instead of as a second degree felony.
Florida statutes also list specific chemicals used in the cultivation and manufacturing of controlled substances. Possession of these listed chemicals, with an intent to manufacture a controlled substance or knowledge of plans to manufacture a controlled substance, violates state laws.
|Defenses to Drug Cultivation or Manufacturing Charges
- Fourth Amendment violation: an unlawful search or seizure of drugs and drug-related evidence
- Medical necessity: a limited defense under Florida law based on medical necessity to avoid a greater harm
|Penalties and Sentences
The punishment for drug cultivation or manufacturing activities depends on the type of drug or controlled substance involved in the offense. Marijuana cultivation may be prosecuted as a third degree felony, which can result in a term of imprisonment for up to five years, a fine in an amount up to $5,000, or both. The manufacturing of other controlled substances specified by Florida law require prosecution as a second degree felony, which increases the potential term of imprisonment up to fifteen years and the fine to a maximum of $10,000.
Florida state laws also set specific punishments for other activities related to drug manufacturing. For example, the state may charge a third degree felony to an individual who rents a building, room, or structure for the purpose of manufacturing controlled substances, while possession of listed chemicals used in drug manufacturing may result in a second degree felony charge.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Get Legal Help Understanding Florida Drug Cultivation and Manufacturing Laws
Drug manufacturing and cultivation crimes carry long potential criminal sentences. If you've been charged with these crimes you'll need to mount an effective defense to avoid losing years of your life and thousands of dollars as the result of fines and difficulty finding employment once your sentence is served. Contact a local drug crime lawyer to discuss how he or she can help you minimize the negative impact of your arrest.