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  1. #1
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Owning a Place Used to Cultivate Marijuana

    This is not really a question but hopefully can generate some meaningful debate.

    In 2008 Florida passed CS/HB 173:
    Controlled Substances: Defines "cultivating" for specified purposes; prohibits owning, leasing, or possessing place, structure, trailer, or other described place with knowledge that it will be used to manufacture, sell, or traffic in controlled substance; provides that possession of specified number or more of cannabis plants is prima facie evidence of intent to sell or distribute; provides that person possessing place or conveyance used to manufacture controlled substance for sale & distribution commits specified felony if minor is present or resides there; provides that equipment used in manufacture may be photographed or video recorded & photograph or recording used as evidence; provides for destruction of equipment.

    It is illegal to own or posses place?

    I think the intent of this bill was to target people buying houses for the sole purpose of running grow operations.
    But it seems ripe for abuse and may be incentive for law enforcement to go after long time homeowners who have plenty of equity in their house.
    I feel it has caused LE to undertake fishing expeditions with very questionable probable cause.Failed raids get no media exposure while big busts do.

    Disclaimer:I may be reading from a prejudice point of view because I recently suffered a failed grow house tip raid.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Owning a Place Used to Cultivate Marijuana

    If you're asking if the state can legally prosecute people for operating grow houses, and can potentially seek forfeiture of the real estate, yes.

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