Under Section 893.13(1)(a), Florida Statutes, Cultivation of Marijuana is a third degree felony, which is punishable by up to five (5) years in prison.
Law enforcement is becoming increasingly creative in locating marijuana which is cultivated within the state of Florida. They can use confidential informants and surveillance until enough information has been gathered to make an arrest or obtain a search warrant. Law enforcement can gather electric bills to look for abnormal patterns of use or question neighbors to discover evidence of marijuana cultivation.
In the state of Florida you can be charged with two types of cultivation:
- Cultivation with the intent of personal use – this is generally a misdemeanor offense that is punishable by up to 12 months in county jail. This charge is a misdemeanor because the cultivation was meant for personal use and not for sale to others.
- Cultivation with intent to distribute – this is a felony offense that is punishable by
a minimum of 1 year in prison.