Manufacturing or Cultivation of Cannabis is any type of production, cultivating, growing, creating, converting or processing cannabis either through natural methods, by some other chemical process, or by a combination of both. Manufacturing includes the labeling and packaging of the cannabis by someone other than a manufacturer, practitioner or pharmacist permitted to do so.
Cannabis is every part of the plant, whether growing or not, of the genus Cannabis, and includes all seeds, resin and resin compounds from the plant according to Florida Statutes § 893.02.
Names frequently used when manufacturing or cultivating cannabis include Marijuana, Weed, Pot, Chronic, Ganja, Hash, Hashish or Bud. Manufacturing or Cultivating Cannabis can be both a Florida state and federal offense, and a conviction for either can include both prison time and fines.
Tallahassee Marijuana Manufacturing Defense Lawyer
If you have been charged with Manufacturing Cannabis in Leon County, it is imperative to hire an attorney who will help you achieve the best possible outcome of your case and find possible defenses or mitigating circumstances to reduce your charge or have it dismissed. Don Pumphrey, Jr. is knowledgeable with Florida cannabis manufacturing and cultivation laws and experienced in Florida marijuana defense. If you have been charged in Florida with Manufacturing Cannabis, contact Don Pumphrey, Jr. today for a consultation about your alleged offense in Tallahassee.
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Commonly Used Terms in Manufacturing and Cultivation of Cannabis
Some terms associated with Cannabis Manufacturing, as defined in the Florida Statutes § 893.02 include:
Deliver – This term describes the actual, constructive, or attempted transfer of marijuana from one person to another.
Distribute – This term means to deliver cannabis by some means other than administering or dispensing.
Possess – Possessing marijuana means to exercise control over the marijuana through either actual or constructive possession.
Sell – Selling marijuana is the delivery or transfer of marijuana from one person to another in exchange for money or something else of value.
Trafficking – Is defined as knowingly selling, purchasing, manufacturing, delivering or bringing into or out of Florida a certain quantity of marijuana by a person who knowingly has possession of the marijuana.
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Federal Regulations and Penalties for Cannabis Manufacturing
Under the Controlled Substances Act (21 U.S.C. §§ 807 et seq.), it is a federal offense to manufacture, create, distribute or dispense cannabis, or possess cannabis with the intent to manufacture, distribute or dispense the marijuana either across state borders, throughout the state or from a foreign country into Florida.
Marijuana is a Schedule I drug under the federal Controlled Substances Act, which is classified as the most serious type of drug with the greatest likelihood for abuse.
Penalties for Manufacturing Cannabis depend on the amount of marijuana being manufactured, if serious bodily injury occurred in the offense, and if the alleged offender has any other prior convictions. A few examples of penalties include:
- If no prior convictions, less than five years to 10 years to life in federal prison,
- If death or serious bodily injury results from the offense, or the alleged offender already has prior convictions, less than 10 years to 20 years to life in federal prison,
- Individual fines from $250,000 to $8,000,000, and
- Fines, if not an individual, ranging from $1,000,000 to $20,000,000.
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Penalties for Cannabis Manufacturing/Cultivation in Florida
Florida Statutes § 893.13 defines the penalties for Cannabis Manufacturing and Cultivation in Florida. A conviction for Cannabis Manufacturing in Florida is felony of the third degree. The felony can be increased to a felony of the first degree if the manufacturing is near a child care facility or school.
A conviction for a felony in the first degree for Cannabis Manufacturing can include up to 30 years or life in Florida prison and up to $10,000 in fines.
Manufacturing Cannabis penalties for a felony of the third degree can lead to Florida prison time of five years or less and/or fines up to $5,000.
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Marijuana Grow Houses
Florida law officers frequently make arrests for marijuana manufacturing or cultivation at marijuana grow houses. In 2008, Florida passed legislation regarding the laws and penalties associated with grow houses in Florida. According to Florida Statutes § 893.1351, also known as the Marijuana Grow House Eradication Act, growing just 25 marijuana plants in a home is evidence of an intent to sell or distribute marijuana.
Previous Florida law permitted up to 300 plants to be grown before there was an implied intent to sell or distribute marijuana. This new law severely increases the penalties over regular manufacturing or cultivating marijuana, and imposes penalties associated with Trafficking in Cannabis.
If someone grows 25 or more marijuana plants in their home, they could serve up to 15 years in prison. Also, if the alleged offender is a landlord or resident of a grow house, they can be charged with a felony and serve time in prison.
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The Law Offices of Don Pumphrey, Jr. | Tallahassee Marijuana Cultivation Defense Attorney
If you have been charged with Manufacturing Cannabis or Cultivating Marijuana in Leon County, Tallahassee, contact The Law Offices of Don Pumphrey, Jr. to discuss you charge and possible defenses. As an experienced marijuana defense attorney in Leon County, Don Pumphrey can help you avoid harsh penalties by aggressively fighting your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged manufacturing or cultivating marijuana charge.