Deputies from the Indian River County Sheriff’s Department paid a visit to the home of a 64-year-old man in Fellsmere earlier in the week to find him in his yard “open burning” a pile of marijuana leaves. Although on fire, the marijuana was identified by its odor. Remains of what are believed to be small marijuana plants and leaves were identified. No quantity of purported marijuana was given, and the matter remains under investigation. Although an arrest was made, there is no indication of what the man was specifically charged with.
As per section 893.13(1)(a) of the Florida Statutes, it is against the law for a person to manufacture or possess with intent to manufacture any controlled substance. Indian River criminal defense lawyer Jeffrey H. Garland advises that manufacturing marijuana contemplates production, cultivating or growing the substance. A person who is convicted of violating section 893.13(1)(a) is guilty of a third-degree felony and can be sentenced to up to five years in state prison along with a fine of up to $5,000. According to section 893.1351 of the Florida Statutes, if a person who is in actual or constructive possession of a growing house with more than 25 plants, the offense upgraded to a class two felony that is punishable by up to 15 years in prison and a fine not to exceed $5,000.
In the Fellsmere case, if the man was charged with manufacturing or cultivating marijuana, the prosecution must prove the following elements:
A wide variety of defenses are available to a person who is charged with manufacturing or cultivating marijuana. If you are arrested for manufacturing or cultivating marijuana, don’t waive those defenses by giving the police a statement or confession. The prosecution will only use that statement or conviction against you to try to convict you in the future. Invoke your right to remain silent along with your right to an experienced and effective drug defense attorney by contacting Indian River marijuana arrest lawyer Jeffrey H. Garland as soon as possible after you have been taken into custody.