Florida's New Marijuana Grow House Law
During the last few years, I have represented several clients in both State and Federal Court who have been charged with growing marijuana plants in their homes. Therefore, I was particularly interested to learn that on July 1, 2008 a new law went into effect in Florida called the Marijuana Grow House Eradication Act. The following is a news article about that Act:
TALLAHASSEE, Fla. -- Attorney General Bill McCollum announced Tuesday that the Marijuana Grow House Eradication Act has been signed into law, giving Florida’s prosecutors and law enforcement essential tools to combat for-profit growers of marijuana.
The New Law
The new law, sponsored by Senator Steve Oelrich (R-Gainesville) and Representative Nick Thompson (R-Ft. Myers), passed as House Bill 173 during the 2008 Legislative Session and was signed into law by Governor Charlie Crist Tuesday. The bill was developed because of the increasing number of grow houses operating in the state and violent crime which tend to be associated with these operations.
“Grow houses are not only furthering this dangerous drug trade within our state, they are bringing violent crime into our neighborhoods,” said Attorney General McCollum. “This new law will help protect our families and communities.”
The new law makes it a second-degree felony to grow 25 or more plants, targeting for-profit growers who exploit Florida’s previous threshold of 300 plants. The law will also make it a third-degree felony to own a house for the purpose of cultivating, packaging and distributing marijuana and a first-degree felony to grow 25 or more plants in a home with children present.
“Marijuana is the most commonly used illegal drug in America and we must take a stand against the for-profit growers who were previously exploiting higher thresholds,” said Sen. Oelrich. “By lowering the number of plants necessary for criminal charges, we’ve given Florida’s authorities valuable tools in the fight against these criminal operations.”
Threat of grow houses
"Grow houses have become a very real threat to the safety and security in too many Florida communities," said Representative Thompson. "Floridians who use grow houses to traffic drugs belong in prison. This law sends the message loud and clear that if you grow, you go. I am grateful to Attorney General Bill McCollum for his support and Governor Crist for signing this bill into law."
Statistics on number of grow houses
Recent statistics reveal the alarming increase in the number of grow houses being maintained in Florida as well as the ever-developing levels of sophistication of grow house operations. Marijuana grow houses primarily specializing in hydroponic marijuana have been detected in more than 40 of Florida’s 67 counties and within the past few months, cooperative efforts by law enforcement statewide have taken down more than 140 houses and seized more than $41.6 million worth of marijuana.
Recent Cases
Another recent case out of Palm Beach County brought charges against 29 people who were part of a drug trafficking ring which operated and maintained 25 marijuana grow houses throughout Palm Beach County and one in Miami-Dade County.
Other important aspects of the law will provide substantial benefits to Florida’s law enforcement community. Previously, law enforcement around the state were required to store cumbersome grow house equipment in order to preserve it as evidence.
To address this growing storage burden, the new law allows a photograph or video recording of equipment used in the cultivation of a marijuana plant to be considered as evidence in the prosecution of the crime. The law will also allow law enforcement to destroy grow house equipment upon the completion of all investigations and provides immunity from any civil liability to law enforcement for the destruction of the grow house equipment.
Until 2001, law enforcement agents gathered evidence about grow houses by using what are called thermal imaging devices. Such devices were used by law enforcement to scan buildings in order to determine if heat emanations coming from the buildings were consistent with high intensity lamps often used by marijuana growers. However, in 2001 in the case of Kyllo v. United States, the United States Supreme Court ruled that when the Government uses a device (such as a thermal imaging device) that is not in general public use to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment search and is presumptively unreasonable without a warrant.
Because of the decision reached in Kyllo, law enforcement agents may no longer use thermal imaging devices when investigating possible grow houses.
It is high time that the residents of the state of Florida stand up to the draconian laws that are imposed by our elected officials. I see several inconsistencies and fallacies on the argument for increasing the penalties for cultivating marijuana. There is no corroborating evidence to support the statement that the marijuana growing trade increases violent crime. Most people with a shred of common sense and an ounce of experience know that most marijuana users are the polar opposite of violent. It is time that the lawmakers are held accountable for their merciless ignorance of the true will of the people. Take a look at any online posting of a marijuana grow bust and over ninety five of the comments are against the persecution of growers. Overwhelmingly the people want child molesters, sexual predators, and murderers to be sought, rather thatn marijuana growers. And that is not even touching on the apathy that lawmakers have displayed when it comes to prescription drug abuse. In the opinion of the author, prescription drug abuse is a much more relevant danger to the well being of society.
It's high time that the residents of the state of Florida stand up to the draconian laws.Tampa Criminal Defense Attorney notifies Lawyers that On July 1, the rules regarding seized drugs change. Once the evidence is documented, it can be destroyed. New law also dictates harsher penalties for those who are convicted of running a grow house. Previously, growers only faced serious charges if they cultivated at least 300 plants. After the new law goes into effect, the standard will be reduced to 25 plants.
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jamespeter
http://www.marijuanaaddictiontreatment.com
The war on Cannabis is unconstitutional. Wake up! Grow houses have never been a threat. Stop wasting taxpayer’s dollars and stop saying you are trying to help people when really you are destroying peoples life’s for nothing. Face the facts and get with the times. That 1930’s propaganda scare tactics are not going to work anymore. Not physically addictive, not a gateway drug, not a health risk!
“Grow houses are not only furthering this dangerous drug trade within our state, they are bringing violent crime into our neighborhoods,” said Attorney General McCollum. “This new law will help protect our families and communities.”
LOL I wonder if he actually believes his own lies.
For reasons as absurd as those in this article about Florida, I moved from here long ago back to MA and for years, have watched as Florida has become a virtual police state. Apparently, cops there (with taxpayer dollars as usual) have nothing better to do than bust kids who expose too much of their underwear and recreational and/or small pot growers and distributers. One has to wonder if the estimated value of $41 million were reduced to $0, how much of the "violent crime in Florida neighborhoods from this dangerous drug trade" might disappear altogether. While I'd like to report that we are more enlightened here in the *blue* north, unfortunately way too many of our citizens are routinely hunted down and busted for possessing miniscule amounts of pot (and other drugs), most of which are clearly not meant for distribution or sale. Miles and miles of our lush, green hills and valleys are targeted regularly by DEA helicopters all in order to throw otherwise innocent, law abiding folks into overcrowded jails, ruining countless lives and careers with criminal records, for growing even a single plant on ones own property. How many homes are confiscated, along with growing equipment, in the process, while enriching the law enforcement and prison industries, which are increasingly filled with people for growing and using one of nature's most beautiful, relaxing and healing plants for personal pleasure or relief of pain? More of us MUST take the risk and step up to the plate to speak out against the atrocity of targeting those of us who may choose to use that "most commonly abused drug" (plant)and overturn these arcaic laws as well as support radical reform of the US drug laws in general. Why not target the pharmaceutical industry, for example, who hook millions of Americans on truly lethal (and expensive) drugs for an obscene profit, and who regularly support these draconian drug laws we have that target anything which they cannot patent and sell themselves? I'm sure sick of it, and articles like this just make me want to scream. When FL is free of violent crime, rape, child and domestic abuse, murder and other serious criminal problems, then we'll talk about targeting people and wasting money on those who choose to smoke and grow pot! Until then, your priorities are simply f*ked up.
The draconian policies of the state of Florida makes me a criminal and many more like me is that
I use a sacred medicine for my chronic myofascial pain,a muskeletal disease, as it works better for me without the side effects of the pharmacueticals and opiates, the only side effect I suffer is arrest.
I can't help that this medicine works better than others that I have been prescribed.Why would they take this of path of punishing the diseased with lock & key, when we are punished enough with disease, all for relieivng our suffering?
One word greed.
It is my decision what I should put in my body and brain.Skin inwards is my domain not the goverments or an institutions.
Governor Crist is for a no helmet law saying it is a personal decision. Now think about that?
Why would he not than be for decriminalization and or at least medical marijuana?
If the outside of your skull and head is a personal decision then is it not a personal decision for the inside of your skull and head?
We are truly living in a prison without bars.
We are more discriminated than any other group,all because of the way we relieve our suffering by a sacred medicinal plant given to us by our creator.
Florida has shamed the creator and his creations.
We must act now here in Florida to pass compassionate and sensible laws regarding medical marijuana as we cannot continue on this path of ruining lives that are already ruined by disease .
"Whenever the offense inspires less horror than the punishment, the rigor of penal law is obliged to give way to the common feelings of mankind."
Edward Gibbon,
"The Decline and Fall of the Roman Empire," 1776
The rule of law has become the law of rule.
Those that rule the law will become zealots,jingoes, and hypocrites.
Raymond S. DiPasquale
Florida Laws are rediculous, this is coming from someone who has experienced it first hand, yes i have smoked marijuana and no i can honestly say i have not smoked in one year and don't have any urge to pick up and use. Yet day after day i have to go to NA and pay the state money for doing something that has never harmed anyone, not to mention there threatening me that if i violate i receive an automatic 5years in state prison. Im only 19 im attending college and when im done it will be a hard time finding a job wich it is now (because of our wonderous economy) this is only because i have two fellonies on my record one because i had over twenty grams (that of wich i knew it was not), and two because it was bagged separately and this bull$&!% ruined my life and many others. Although there are murders and roberies going on and the cops focus on non-habit forming, and lethal marijuana, ask your self if its so terrible then why have other countries (that of wich have a lwer crime rate than the united states) allow the PLANT to be smoked as a rercreational hobby?? Florida..... Eat my Ass!!!!!
Florida and this country has quite a bit to learn. With the economic problems wouldn't it be cheaper on everyone ( the state, the country, the taxpayer) to decriminalize it? Think of how much revenue the state could earn to go towards helping the people vice punish them. I have been living in and out of the US my entire life. In my 27 years of being around I have never seen any violent crime due to a bag of weed. What's so funny is that the people that are saying no to all this are the same one who claim that climate change is not happening. In my eyes that is just as bad as the Iranian president saying the holocaust didn't happen. There is rock solid proof. So law makers of america, hold on to your seats! My DVD is going to enlighten you.
I have done some research into the newer and latest in growing technology. LED technology was introduced to the inside horticulture market not too long ago. The two of the benefits are NO HEAT and lower electric bill which means for the horticulture enthusiast it is harder for law enforcement to detect thier gardens.( called labs to the prohibitionists}.
My conclusion based on this research is that the legislation was enacted not only for those reasons stated above but the main thrust was to counteract this new technology until they conjur up more legislation or make technological advances in the areas of detection either on the LED technology or biological controls in which I am sure they are working on feverishly and as fast as they can to tip the scales.It reminds so much of radar detectors and laser guns. Someone is making big money on both sides of the fence and they do not care who or what is wrong or right, ethical and moral only to keep the ruse going as long as one can and make the money all along the way.
The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in this country is closely connected with this.” Albert Einstein