West palm beach, fl - Se habla espanol

Marijuana Grow Houses and Cultivation


Rigorous Defense of Marijuana Cultivation Charges in South Florida

It is well known that Florida has some of the harshest marijuana laws in the country. Under Florida Statute 893.1351, commonly referred to as the Marijuana Grow House Eradication Act,

  • ”… proof of the possession of 25 or more cannabis plants constitutes prima facie evidence that the cannabis is intended for sale or distribution.” 893.1351(4)

Depending on the circumstances of the case, a conviction for cultivating 25 or more marijuana plants can potentially result in a prison sentence of up to 5, 15 or even 30 years. If you were arrested for violating the Florida grow house law it is crucial to hire an experienced and qualified drug defense lawyer at the earliest possible time. Attorney David W. Olson has more than 33 years representing clients charged with drug offenses. He offers a free case review.

Landlords, Residents and Even Guests May be Charged

Though marijuana is legal for medical and/or personal use in more than 20 states, in Florida any amount of marijuana remains illegal. Moreover, Florida rates marijuana as a Schedule 1 controlled substance, contending there is no accepted medical use and that there is a high potential for abuse. Incredulously, marijuana is scheduled the same as heroin and other dangerous drugs.

Under this statute it is illegal to knowingly utilize property for the purpose of:

  • Trafficking in a controlled substance
  • Sale of a controlled substance
  • Manufacturing a controlled substance intended for sale or distribution to another

Potential penalties:

  1. Anyone who owns, leases or rents the property knowing of the marijuana cultivation – 3rd degree felony, up to 5 years prison;
  2. Anyone knowingly in actual or constructive possession of the property – 2nd degree felony, up to 15 years prison;
  3. Anyone in actual or constructive possession of the property who knew or should have known that a minor was present or residing on the property – 1st degree felony, up to 30 years prison.

Under the grow house law, property owners and managers, renters, residents and even visitors may potentially be charged with and convicted of a felony if he or she had knowledge that marijuana was cultivated on the premises.

A grow house may exist wherever 25 or more marijuana plants are cultivated, including the following:

  • Greenhouse, farm, garden, house, condominium, apartment, trailer, vehicle, garage, barn, shed, room, basement or other structure
  • Further, many defendants mistakenly believe that a marijuana plant must be leafy, robust and in full or partial bloom, but under this statute a tiny seedling or cutting with root hairs is considered a single plant

Other Consequences and Sanctions that may Potentially Result from a Marijuana Grow House Conviction

There are numerous consequences that may result from a felony marijuana conviction. Possible examples include:

  • Asset forfeitures – the government may seize real and personal property such as homes, cars, cash, bank accounts, holdings
  • Two year driver’s license suspension
  • Lifetime firearm ownership prohibition
  • Professional licensure bans and restrictions although in some instances a course may be taken
  • Many employers do not hire drug offenders, particularly any position requiring security clearance
  • Criminal record – this alone often closes the door to employment opportunities, housing, etc.
  • Probation/parole, supervised release, mandatory drug programs, community service, fines

Grow House Defenses

As in all criminal cases, the prosecution must prove that the accused is guilty beyond a reasonable doubt. There are numerous defenses that your attorney may employ; speak to him to discuss your particular case. Some of the legal defenses that have been used in prior grow house cases include these general examples:

  • Procedural defects – whether or not the arrest was in accordance with lawful procedure
  • Lack of probable cause – if probable cause did not exist, a dismissal may potentially result
  • Illegal searches and seizures, warrantless searches, defective warrants – often grounds for dismissal
  • Entrapment – an affirmative defense that is viable in certain cases
  • Medical necessity – in some cases the court has allowed this defense
  • Lack of knowledge of existence of plants – when the accused did not have knowledge of grow house

West Palm Beach Law Offices of Criminal Defense Attorney David W. Olson

Criminal Defense Attorney David Olson has represented thousands of clients accused of a wide variety of offenses over the past 33 years, including  marijuana grow house and cultivation charges, possession, sales, trafficking, distribution, manufacturing of controlled substances and other serious criminal felonies and misdemeanor offenses. David represents adults and minors charged with Florida and federal crimes.

  • Attorney Olson is on the Legal Committee of NORML – The National Organization for the Reform of Marijuana Laws – and a Lifetime Member.
  • He is also a Member of both the Florida Association of Criminal Defense Lawyers and the National Organization of Criminal Defense Lawyers.
  • Attorney Olson was honored by his peers with the AV Preeminent 5.0/5.0 Rating, the highest rating possible, for professional excellence, legal knowledge, and high ethical standards.

Attorney David Olson represents clients in West Palm Beach, Palm Beach County, South Florida and throughout the state. He offers a free phone or in-office case review. To schedule your appointment, call 561-833-8866.


Florida Statute 893.1351

Free case review

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.


Better call Saul? More like, BETTER CALL OLSON!

“David W. Olson is the best lawyer I have come across. He truly will sit and listen to your story and no matter what he will fight for your rights. He is very compassionate, and understanding. He will work with you and does his job with a good heart. Mr. Olson truly has saved my life and gave me a second chance. You wont go wrong with hiring David Olson as your attorney. I highly recommend him and I am proud to have chosen him as my attorney.”


Found the Best!

“David Olson has represented me on two occasions. I have since referred two of my friends and my nephew to him, and they have all told me they’ll always be grateful for that. Mr. Olson somehow had the charges dropped in both of my cases (actually, I do know how, because he and his staff answered all my questions and explained in detail things that I never would have thought of).”


Compassionate Attorney

"My husband and I hired Mr. Olson to represent our son a Florida gun shot victim. We are New Jersey residents. From day one we felt comfortable with Mr. Olson and found him to be easy to talk to and a very good listener. This was important to us after our horrible experience with another attorney who was more concerned with hearing himself speak than our wishes."


Personable and Highly Intelligent!

“I saw David today to discuss some possible outcomes and possibilities of a probable future case. I did not know if I was going to be charged at all but I wanted to speak to someone to get a better idea of what I was looking at and what my options were. As soon as I shook his hand I felt very comfortable and respected. I laid it all out for him and asked him every last question I had, all of which were answered respectfully and intelligently.”


The Best of the Best

"I have known David Olson for over 20 yrs. now and have had my rough times in my past and unfortunately I ended up in trouble with the law and really needed help from a real lawyer. I needed someone to listen to my side of the story and really fight my cases in court for me and get the BEST results for my cases. A very close friend said the man for the job is David W Olson; So I contacted him & he came to me the very next day to hear me out and I knew he was the lawyer that would do the best for me and he did.”

Chet B.

Hearty Recommendation

"I hired Mr. Olson from recommendation by family member. He was immediately behind my situation and put me completely at ease. There were no false promises, very upfront as far as expectations and outcomes.

His assistant, Jessica was a joy to work with as well. They came to my house, interviewed witnesses, went above and beyond and always respond to my calls. I totally endorse this attorney."