Florida bill targeting marijuana grow houses becomes law
Wednesday, June 18th, 2008 at 12:06 pm | By: Radical Russ
MyFox Gulf Coast | Landmark bill targeting marijuana grow houses becomes law
TALLAHASSEE, Fla. — Attorney General Bill McCollum announced Tuesday that the Marijuana Grow House Eradication Act has been signed into law, giving Florida’s prosecutors and law enforcement essential tools to combat for-profit growers of marijuana.The new law, sponsored by Senator Steve Oelrich (R-Gainesville) and Representative Nick Thompson (R-Ft. Myers), passed as House Bill 173 during the 2008 Legislative Session and was signed into law by Governor Charlie Crist Tuesday. The bill was developed because of the increasing number of grow houses operating in the state and violent crime which tend to be associated with these operations.
The new law makes it a second-degree felony to grow 25 or more plants, targeting for-profit growers who exploit Florida’s previous threshold of 300 plants. The law will also make it a third-degree felony to own a house for the purpose of cultivating, packaging and distributing marijuana and a first-degree felony to grow 25 or more plants in a home with children present.
Other important aspects of the law will provide substantial benefits to Florida’s law enforcement community. Previously, law enforcement around the state were required to store cumbersome grow house equipment in order to preserve it as evidence.
To address this growing storage burden, the new law allows a photograph or video recording of equipment used in the cultivation of a marijuana plant to be considered as evidence in the prosecution of the crime. The law will also allow law enforcement to destroy grow house equipment upon the completion of all investigations and provides immunity from any civil liability to law enforcement for the destruction of the grow house equipment.
The Marijuana Grow House Eradication Act goes into effect on July 1, 2008.
Well, then, that should do it. Now nobody in Florida will ever exploit the profit potential of owning a suburban marijuana grow house. Now that it is a second-degree felony, the camouflage of an unassuming suburban home won’t be enticing to a commercial grower who can produce enough profit in one crop to buy the house outright.
And the marijuana smokers in Florida, now that this law has passed, will curb their demand for fine suburban grow house marijuana. That way, when some of the more timid growers get out of the business, the price won’t increase due to supply and demand, and the growers who do remain won’t earn an even healthier profit.
Certainly, we won’t see any unintended consequences of this bill, like perhaps an increase in violence when grow house owners have nothing to lose and decide to shoot their way out of a raid. It’s not likely that as competition for grow houses grows that an organized criminal gang finds a way to control that market. And since Florida doesn’t have medical marijuana, there couldn’t be any patients there growing over 24 plants just to keep themselves alive.
THEY CRAM GOV. SPENDING,CORP.BAILOUTS,&GOV. HEALTH CARE DOWN OUR THROATS. I AM SICK OF THIS WE ASK FOR 1 THING AND THIS IS YOUR ANSWER!FROM NOW OWN IF YOU DO NOT SUPPORT LEGALIZATION I DO NOT SUPPORT YOU!!! NO VOTE FOR YOU! PS.ENJOY THE REST OFYOUR FINAL YEAR
I adding to my comment above:
I have done some research into the newer and latest in growing technology. LED technology was introduced to the inside horticulture market not too long ago. The two of the benefits are NO HEAT and lower electric bill which means for the horticulture enthusiast it is harder to detect thier gardens.( called labs to the prohibitionists}.
My conclusion based on this research is that the legislation was enacted not only for those reasons stated above but the main thrust was to counteract this new technology until they conjur up more legislation or make technological advances in the areas of detection either on the LED technology or biological controls in which I am sure they are working on feverishly and as fast as they can to tip the scales.
It reminds so much of radar detectors and laser guns. Someone is making big money on both sides of the fence and they do not care who or what is wrong or right, ethical and moral only to keep the ruse going as long as one can and make the money all along the way.
The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in this country is closely connected with this.” Albert Einstein
IF YOU GET UP TO 5 YEARS FOR GROWING AND 5 YRS FOR SELLING AND UP TO 15 FOR NEAR A SCHOOL OR CHURCH = UP TO 25 YRS, ITS BETTER TO SHOOT IT OUT WITH THE COPS ANY DAY THAN SIT IN PRISON FOR YEARS ON END ONLY TO COME OUT AND HAVE NOTHING AND LIVE UNDER A BRIDGE. IM LATE 40S SO GET OUT AT 60 AND THEN WHAT? NO WAY…
despite the positive outlook of this article and while most states seem to be moving forward towards humanness, decriminalization, and safe medical marijuana(14 states at present) , Florida is moving backwards towards feudal, draconian tyranny. In fact Florida Canabis laws are MORE SEVERE than even federal laws. And changes have been made this year to make them more severe. Mere possession of small amounts can land you in jail for 10 years. Florida legislators are too busy making Florida’s marijuana laws tougher than federal law to worry about sick and dying patients this year. look into Steve “enemy of the people” Oelrich (R-Gainesville) and Representative Nick “Draconian Law Sponsor” Thompson (R-Ft. Myers) and Charlie”Special Interest Group Whore” Crist
What happens when you get busted with 24 plants and then they cut them down and the wieght of the plants come out to 31 pounds do you get charged with a second de-gree felony?
what is it that you all dont understand?
it IS ONLY ABOUT MONEY ! it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY it IS ONLY ABOUT MONEY!
THEY MAKE MORE BEING ILLEGAL AND ALWAYS WILL.
IT WILL NEVER BE LEGALISZED UNLESS THE PEOPLE…YOU AND ME
RISE UP AND DEMAND IT!
Skin inwards is my domain quote from
Dr.Alexander Shulgin, Thanks “Sasha”
The draconian policies of the state of Florida makes me a criminal and many more like me is that
I use a sacred medicine for my chronic myofascial pain,a muskeletal disease, as it works better for me without the side effects of the pharmacueticals and opiates, the only side effect I suffer is arrest.I can’t help that this medicine works better than others that I have been prescribed.Why would they take this of path of punishing the diseased with lock & key, when we are punished enough with disease, all for relieivng our suffering? One word greed.
It is my decision what I should put in my body and brain.Skin inwards is my domain not the goverments or an institutions.
Governor Crist is for a no helmet law saying it is a personal decision. Now think about that,
Why would he not than be for decriminalization and or at least medical marijuana?
If the outside of your skull and head is a personal decision then is it not a personal decision for the inside of your skull and head? We are truly living in a prison without bars.
We are more discriminated than other group,
all because of the way we relieve our suffering by a sacred medicinal plant given to us by our creator.
Florida has shamed the creator and his creations.
The rule of law has become the law of rule.
Those that rule the law will be zealots,jingoes, and hypocrites.
To any and all who read this…
It seems that what we could use here in Florida is a WALK, a RALLY, a DEMONSTRATION from our compassionate communal of caring enthusiasts to the politicians and people of this beautiful and historically sacred state. I too feel drawn to leave this state because I don’t want to fall under the STRONG ARM of INDECENCY. Protect and Serve means to care for the community and the INALIENABLE RIGHTS on which our Nation was founded.
Please email me if you would like to put our ideas and will to the test in order to coordinate a rally in 2009!
spencermj@gmail.com
yes a walk or rally here would be great.. they have them all the time at Sims park in new port richey,florida for the politics and fairs.Why not decriminalize or atleast vote for medical use.I feel I am more calm and pain free when i smoke..I dont abuse it nor am i addicted to Marijuana.It’s a Herbal plant that was given to use from god.So your going to tell god you must not use the herb? come on legalize it
i live in south florida, and i just cant belive florida would go and do this,and charlie christ makes me sick. if you ask charlie why marijuana is illegal i bet anything he couldnt give a solid explanation. i thought florida would see medical marijuana as a chance for profit and what not, i hope that when obama becomes president he decriminalizes it, it wont be exactly legal but you wont go to jail.. and thats a step forward to legalizing it! maybe if people fought back like they did during alchol prohibition marijuana be legal by now
I hate Florida now and will move out of the state for sure and shall never return! What state in America has normal down to Earth laws that is not OVERKILL? There needs to be a Revolution. We all need to start a Revolution and revolt against the law makers. The law makers are the jokers.
Cultivation is a felony….more than 24 plants is a second degree felony! Norml website has a link to every state’s pot laws if you go to http://www.norml.org
Also, do you think the new law making 25 plants a 2nd degree felony has any affect on the “Grow Houses” or do you believe that it just really screws-up the “Mom and Pop” operations?
My dad told me years ago that if you want to get rid of the criminal growers, all you have to do is allow everybody to grow their own….very similar to the homemade wine laws….and then the need for the big, criminal grow houses and the planting on US state parks goes away.
How can something so simple evade the minds of our represenatives? I guess they are not simple minded, just indifferent to the will of the people!
So if you get caught growing say 5 plants is it still a felony? I always thought cultivation was a felonyn but i am not familiar with the law can anyone please inform me i have been googleing it and i havent found my answer.
What is Normyl DOING to promote changes to the current marijuana laws? I signed petitions for Normyl in 1972, and nothing has changed YET.
What is being DONE by Normyl, besides reporting the deterioration of our rights?
Don’t forget, Florida law states that a Cannabis plant is every and all parts of the plant, growing or not.
If you get caught growing a personal supply say 10 plants, and they find 16 seeds, that’s a 2nd degree felony. You can rape a kid and get less jail time. They have mandatory minimum sentencing of 15 years if you are 1000 yards from public owned property as well, schools, parks, playgrounds, libraries.
It should come as no surprise. The same people voted to privatize the prison system and vote in the mandatory sentences. This is not about Cannabis, it’s about putting more people in prison. There should be an investigation of the entire Florida government for this kind of abuse.
It angers me every time I hear another politician voting for some bill I have no say in. It seems we have returned to pre-constitution legislation without representation. I feel I have no say what so ever in our government. So why should I follow any law made without my consent?
other states are decriminalizing,and florida is making it harder to get the medicine that we all need!! sorry charlie,you wont be reelected
HB 173 will just help destroy the housing market and send Florida deeper into economic depression, just like prohibition destroyed the economy in the 30’s.
I visited Florida once and my friends got arrested for a roach clip and zig zags, held down and had their heads shaved in the Dade County jail. What a redneck backward guvment. Neo Nazi Hillbillies.
Two Cubans tried to beat us with baseball bats and rob us buying a “lid” so we stole their car, left them in the woods during the escape, and set it ablaze in Hialieh. Does that count as self defense? It was fun getting revenge after that attempted one way ride to hell, but, really a safe legal buy at a dispensary would be much more civilized.
Vote out these Dictaders and anyone else who voted yes on this bill: Senator Steve Oelrich (R-Gainesville) and Representative Nick Thompson (R-Ft. Myers), House Bill 173
Well I guess more and more people will beleaving Florida now. They just published an article about how the number of people living here is dropping at an alarming rate. This just helps people like me who just got back from LA reconsider living in this state. We were IMO the 2nd best place in the US for pot and know that’s not the case..
Here’s to you Mr Christ cheers and good luck replaceing the lost revenue when we all leave. O and great job on the home owners insurance and Tax cuts for us you really followed thorugh.
Thank you all for your comments. I’ve decided that the only way for our representatives to legislate good laws is for us to help them. I have made an appointment with my state senators office to sit down and discuss this new amendent to HB173. I am going to propose a reasonable “Mom and Pop” grow plan. With all of the baby boomers coming to retirement age, there will be a lot of retires wanting to enjoy their retirement by smoking a little pot. Since they won’t be required to take pee test they will be able to smoke without worrying about losing their jobs. Retirement can also cause boredom….growing a little indoor garden is a wonderful hobby to stay busy and it could generate a small amount of cash supplement. The cash comes in when you sell to your other retired friends who couldn’t grow descent pot if they had to….would like to give it away, but that causes a possible awkward moment when they want more. Anyway, I am about change and plan to pursue this matter. If my senator is opposed to this, then I would expect him to at least point me to someone who is progressive and recognizes the situation for what it is.
The American public (and other countries that we shove our drug policies down their throats) have been lulled into accepting the lie that pot has no medicinal value and is dangerous.
For anyone who would like to suggest reasonable grow policies, I can be reached at mrwilliejax at bellsouth dot net.
I am tired of other people’s greed makin me a criminal!!!!
I love the state but I hate the people driving it. Down here, our legislation likes to pass laws with complete disregard for the democratic process of ASKING THE PEOPLE WHAT THEY BELIEVE.
If you would like a word to sum up FL gov it would be FUBAR
Just another reminder for me about why I absolutely hate the state of Florida. And at the same time increasingly am disappointed in the country as a whole. Instead of moving forward, we just keep moving backwards. Corporate and political power just continues to grow as well. There is hardly anything in the future of this country to be optimistic about. Nothing at all.
It is a fine thing that law is not based nor can be changed by, opinion. Let this be and do the right thing here GROW! Don’t get greedy with it 24 plants are plenty for one or few growers.
the medical community in places has jumped wholeheartedly into the war. if your in need of medicine nowadays, you might be refused treatment if you self-medicate.this sickness has surely, hopefully, crested at this point and must get better.the whole world takes drugs and making criminals out of us isnt going to change human nature.
As a Floridian I find this legislation more than troubling. I keep wondering who the government is trying to protect. Are they really this narrow-minded and ignorant on the subject, or do the politicians and legislators have something personal to gain? As a Floridian I am well aware that the people voting to put these lawmakers in office are opposed to marijuana. Being that the majority of their voters are elderly church goers, it seems as though that is all they need to appeal to. Thats how democracy works; fifty-one percent is what you need everytime to stay in office, and I don’t think anyone would disagree with me on the idea that politicians obsessively care about staying in office. Do the people running our country understand that what made this country great was our freedoms in liberty? Unfortunately I have come to the conclusion that the ones at the top care more about keeping power than our individual liberties promised to us in the Constitution of the United States of America- the oath that all politicians vow to keep sacred. There is something funny and ironic to me that the most dangerous side effect of smoking marijuana has nothing to do with the substance, but that the most dangerous side effect is “possible jail time.” I mean think about it for a second. What is more dangerous to you: Short-term memory loss or being violently butt-raped in your cage for a home. We citizens ask for freedom and our government takes more away. As a recent graduate from the largest public university in the capital city where this outrageous law was passed, I also find it ironic that about half of the student body who are supposed to become the future leaders of the state are habitual marijuana smokers. Large percentage of college students smoke marijuana all throughout the United States. They are bright and understand the importance of freedom and liberty. How come our government does not. I don’t think any of us should really be surprised that the ones in power would want more control.
I believe we have some interesting times ahead of us. America is allowing the government to seize all control from us. Charlie Crist is the salesman selling ice, and we Floridians are the Eskimos buying it. The supply exists because the demand exists. Both parties benefit in trade or else they wouldn’t do it. Give us back our liberty; give me back the United States.
This is absoulutley B.S.!!! To think I can rob a liquour store and receive less time than 25 F-in plants is insane! Florida you suck
They should just call this law what it is. The “Take Your House Through Civil Seizure Law” mark my words you will see police taking homes from people who do not have grow operations who are only in possession of weed nothing more. By making ownership of a home used for purpose of cultivating, packaging and distributing marijuana a crime they make taking your home very easy. Previously they would have to prove a nexus between your home and criminal activity as in you bought your house with drug money. With the new law ownership is the criminal act the nexus which was hard to establish is now simple to show. Cultivating, packaging and distributing can be interpreted very widely and once they have you in civil court all your constitutional protections are gone and all they have to prove is it is 51% more likely than not you did it. It doesn’t even matter if you’ve been found innocent criminally. In fact even if all the evidence was thrown out in your criminal case because it was illegally obtained guess what it’s still going be there in the civil case.
I just do not understand the level of ignorance the Fl. legislature exhibits. This is very irresponsible act by the Fl Governor. I was busted 4/30/08 for growing a little pot in my storage shed for me and five friends. Growing efficiently indoors requires several grow stations to be able to harvast about every 6 weeks because my shed is too hot to grow except from about Sept. to May. Allowing my plants to only reach about 2 1/2 to 3 1/2 feet means I get very little bud per plant and about 12 plants per batch. Contrary to the governments estimate, every plant should not be considered a pound. Out-door plants won’t even produce that kind of yield. So, I was getting about 20 grams/plant just about the correct amount for me and friends (we don’t smoke that much…just responsibly). Also, there is No consideration for the male plant which is disgarded when it shows its sex. Where do these people get their information as to resonibleness?! If the Major Pharm Co’s would quit buying pot prohibition and the government would tell the public the truth about pot, I think “Mom and Pop” grow ROOMS (not houses) would supply all of the responsible smokers with quality pot and not have to try and buy off the street.
To me, this is no longer just about pot, it is about the government lying, elected officials representing themselves and not the people and unethical use of money and influence by major industries to impose their will on the people. Imagine this….many good citizens go to jail because of the Pharms greed! They know that marijuana does have medicinal value and if the “baby boomers” use pot to sooth some of their ailments the Pharms will not sell as many drugs!! I just read that the major drug threat on the street now is prescription drugs from “Big Brother” Pharms. Sorry, but I am an Orwellian.