Cultivation of Cannabis Crimes Defense Attorney

According to Florida Statute 893.13(1)(A)(2) the crime of Cultivation of Cannabis is committed by a person who grows or cultivates cannabis plant(s) for personal use. Under this same statute, absent evidence to the contrary, possession of less than 25 cannabis plants are assumed to be for personal use. Twenty-five or more plants is prima facie evidence that the cannabis plants are assumed to be for sale or distribution.

If the plants are found to be in a location where more than the defendant had access, the prosecutor must prove Constructive Possession. The two elements of Constructive Possession are: Defendant had knowledge of the cannabis plant’s presence, and Defendant had dominion and control over the cannabis plants.


The crime of Cultivation of Cannabis constitutes a third-degree felony. According to Florida’s Criminal Punishment Code the Cultivation of Cannabis is considered a Level 3 severity ranking.

Punishable by up to:

  • Up to five years in prison;
  • up to five years probation; and
  • a $5,000 fine.

Further, under Florida Stature 322.055, any person convicted of Cultivation of Cannabis will have their driver’s license/privilege suspended for six months by Florida’s Department of Highway Safety and Motor Vehicles.

Possible Defenses

Cultivation of Cannabis Crimes may be combated with several defenses that include:

  1. The plant’s were being grown for medical necessity.

  2. The defendant lacked the required knowledge of the plants.

  3. The plants were discovered by illegal search and seizure.

  4. The defendant did not have constructive possession (as outlined above).


If you find yourself standing accused of Cultivation of Cannabis Plants Crimes you need to be sure you have a good lawyer on your side. Facing Cultivation of Cannabis charges, especially in Florida, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.