Is it Legal to Grow Marijuana in Florida?

Orlando Attorney

The cultivation of marijuana plants and owning, leasing or operating a grow house is illegal in Florida. This is regardless of whether you were growing the plants for commercial or personal purposes. Furthermore, being involved with the cultivation of marijuana on any level is a felony offense and carries heavy sanctions under the law. The charges you may face will depend on the amount of marijuana being grown and the location of the grow house.

Tactics Used By Law Enforcement

The state of Florida expends an enormous amount of money and resources to seek out marijuana growing operations. Law enforcement often relies on information gathered from confidential informants. These informants could be relatives, friends or just a neighbor who suspects you are growing the plant illegally. Additional tactics include:

  • Stake-outs
  • Wire-tapping your phone
  • Looking at your financial records
  • Using undercover officers
  • Once law enforcement feels that they have enough information, they will then seek a warrant to search your property.

Preparing Your Defense

As former prosecutors, we know that law enforcement must follow set guidelines while conducting an investigation. We use that knowledge to examine every aspect of your case and determine whether your Fourth Amendment rights were violated. This includes questioning the officers involved and looking at the evidence used to obtain the search warrant. Other defenses we can present in regards to Fourth Amendment violations include:

  • Controlled substances not in plain view
  • Coercive “knock and talk”
  • Implementation of unlawful police tactics leading to “search”
  • Defective warrant
  • Absence of exigent circumstances
  • Exceeding the scope of search authorized by the warrant
  • Invalid consent to search
  • Overly broad protective sweep
  • Absence of warrant
  • Exceeding the scope of a consensual search
  • Miranda violations
  • Outdated information used to get obtain the warrant
  • … and many more

We then prepare an aggressive defense strategy that reflects the goals you have for your case as well as aiming at the best possible solution for your situation. As seasoned drug defense lawyers, we are not afraid to defend your rights in a court of law if we feel that it is in your best interests to do so.

Experienced Trial Lawyers Available Any Time

Our attorneys at The Umansky Law Firm are passionate and effective negotiators who will review the facts of your case, and work to reduce your charges or mitigate sentences whenever possible. We have offices in Orlando and Kissimmee, and we are available at any time, day or night. With over 25 years of assisting Central Floridians with their cases, The Umansky Law Firm is prepared to hear out any situation. Our attorneys have over 100 years of collective experience involving drug offenses. Call us today at 407-228-3838 to schedule a free case review or live chat with us 24 hours a day, seven days a week.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped


Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed


Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication


Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped


Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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