Drug Cultivation is a fancy way of referring to the criminal act of growing or harvesting drugs. It usually refers to the criminal substance cannabis, also known as marijuana or pot. Drug Cultivation is a common criminal violation in Miami and Fort Lauderdale. Many criminal lawyers’ clients have drug charges or convictions, and often they are for criminal drug possession or drug cultivation. Often, drug cultivation charges trigger police searches and seizures. The United States Constitution and United States Supreme Court decisions require the police to follow certain criminal search and arrest procedures in order to sustain subsequent successful convictions. If the police do not follow particular criminal procedure, the case may be thrown out of court or any resulting convictions may be overturned at the criminal appellate level. Certain drugs and chemical substances are by law known as “controlled substances.” To prove the criminal violation of Drug Cultivation, the State Attorney must prove beyond a reasonable doubt that the criminal suspect possessed a controlled substance with the intent to grow, harvest, or manufacture it. If possession is charged, the criminal suspect must have had knowledge of the presence of the substance. “Sell” means to transfer or deliver something to another person in exchange for money or something of value or a promise of money or something of value. “Manufacture” means the production, preparation, packaging, labeling or relabeling, propagation, compounding, cultivating, growing, conversion or processing of a controlled substance, either directly or indirectly. Manufacturing can be by extraction from substances of natural origin, or independently by means of chemical synthesis. It can also be by a combination of extraction and chemical synthesis. “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. To “possess” means to have personal charge of or exercise the right of ownership, management, or control over the thing possessed. Possession may be actual or constructive. Actual possession means the controlled substance is in the hand of or on the person, or the controlled substance is in a container in the hand of or on the person, or the controlled substance is so close as to be within ready reach and is under the control of the person. Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control. Constructive possession means the controlled substance is in a place over which the criminal suspect has control, or in which the criminal suspect has concealed it. In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the criminal suspect does not have control, the State Attorney must prove the criminal suspect’s (1) control over the controlled substance and (2) knowledge that the controlled substance was within the criminal suspect’s presence. Possession may be joint, that is, two or more persons may jointly possess an article, exercising control over it. In that case, each of those persons is considered to be in possession of that article. If a person has exclusive possession of a controlled substance, knowledge of its presence may be inferred or assumed. If a person does not have exclusive possession of a controlled substance, knowledge of its presence may not be inferred or assumed. Knowledge of the illicit nature of the controlled substance is not an element of the criminal offense. Lack of knowledge of the illicit nature of a controlled substance is an affirmative defense. If the criminal suspect raises this affirmative defense, then the jury is permitted to presume that criminal suspect was aware of the illicit nature of the controlled substance if the jury finds that the criminal suspect was in actual or constructive possession of the controlled substance. If from the evidence the jury is convinced that the criminal suspect knew of the illicit nature of the controlled substance, and all of the elements of the charge have been proved, the jury should find the criminal suspect guilty. If the jury has a reasonable doubt on the question of whether the criminal suspect knew of the illicit nature of the controlled substance, the jury should find the criminal suspect not guilty. If you have been charged with Drug Cultivation in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent criminal defense attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a Fort Lauderdale Drug Cultivation lawyer if you have been charged with these criminal offenses.
The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.
If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.