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Cultivation of an Illegal Substance: What You Need To Know

By Hager & Schwartz, P.A.

February 18, 2021

The cultivation and manufacturing of an illegal or illicit substance is an offense that has had vastly expanded penalties and statutes over the last few decades. Florida, in particular, has more severe consequences and rules over drug-related crimes than many other states.


Under state law, it is defined that a “person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.” Due to this statute, in a court of law, the prosecution typically must find the following:

  • The defendant engaged in manufacturing.

  • The manufacturing was of a controlled substance.

  • The defendant had knowledge of the presence of said substance.

Drug Schedules

It may be helpful to note the state’s drug schedules. Controlled substances are sorted into schedules based on any accepted medical purposes and the potential risk a substance had for addition or abuse. The penalties for drug manufacturing and cultivation may also depend on the specific type of substance and its level of danger or place on Florida’s schedules.

Drug schedules in Florida include the following:

Schedule I: These are generally the most severe, including drugs like LSD and heroin, but many people are surprised to learn that Florida considers marijuana as a Schedule I substance.

Schedule II: These are also highly-addictive substances, including PCP, cocaine, opioids, and certain types of methamphetamines.

Schedule III: These substances do have some accepted medical uses but also have a high risk for addiction, including codeine and anabolic steroids.

Schedule IV: These are drugs that have widely-accepted medicinal uses but are often obtained illegitimately, such as through prescription fraud, often including Xanax or Valium.

Next Steps

If you are facing drug-related charges, we may be able to help. Here at Hager & Schwartz, P.A., we have the skills, experience, and determination to help get you a favorable outcome for your case.

We have handled countless criminal defense cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured Hager & Schwartz, P.A. is here for you. You can reach us at (386) 693-1637 or contact us through our website today.