New Law turns grow light possession in Felony

backwoodsgirlJune 18, 2013

Well, I was a little upset when I first heard of the law last night because I thought it oulawed all pipes, but it doesn't.

But as I read the law, I am now very concerned. If any of you are familiar with the youtube video "Growing Your Greens". The guy had police at his house for growlights in the bathroom.

This law that got passed on page 2 reads...

"June 11, 2013
I. SUBSTANTIVE INFORMATION
A.
EFFECT OF CHANGES:
Drug Paraphernalia
Drug paraphernalia is defined in s. 893.145, F.S., as:
All equipment, products, and materials of any kind which are used, intended for use, or
designed for use in the planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, transporting, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in violation of ch. 893 or s.
877.111, F.S.
1 The term includes, but is not
limited to:
(1)
Kits used, intended for use, or designed for use in the planting, propagating, cultivating,
growing, or harvesting of any species of plant which is a controlled substance or from which a
controlled substance can be derived.
(2)
Kits used, intended
for use, or designed for use in manufacturing, compounding, converting,
producing, processing, or preparing controlled substances."

So, what are they going to do come to your house and search it to make sure you aren't making or growing drugs???

Just purchasing enough growlight kits could trigger a visit from ATF! Swat Team and everything.

I'm into herbs, further down it even makes gelatin capsules illegal.

I'm really concerned about this. I think this law will be an excuse to persecute those who are trying to grow their own food and get away from those awful GMO's.

Thank you for reporting this comment. Undo
kayjones(Mo6b)

Well, if the ATF visits and you aren't doing anything illegal, what's the problem?

    Bookmark   June 22, 2013 at 4:35PM
Thank you for reporting this comment. Undo
backwoodsgirl

Would you want the police doing a search of your house just because you bought a grow light? Or because a neighbor saw the glow through your window and reported you?

This law doesn't state that you have to be growing anything illegal. It makes owning the equipment illegal. Which means that regardless of whether or not you are a law abiding citizen, you are now no longer a law abiding citizen if you own one!!!

    Bookmark   June 26, 2013 at 11:58PM
Thank you for reporting this comment. Undo
CPTK

"Hey, if you're not doing anything wrong, why do you mind the government completely violating your privacy and constitutional rights?"

    Bookmark   June 27, 2013 at 12:53PM
Thank you for reporting this comment. Undo
Tiffany, purpleinopp GardenWeb, Z8b Opp, AL

This is too close to being a hot topic, IMHO. If you want a passionate, lively, controversial discussion, that's an appropriate venue.

    Bookmark   June 28, 2013 at 12:33PM
Thank you for reporting this comment. Undo
backwoodsgirl

It should be the hottest topic to all Florida Gardeners right now! Instead they are worried about the pipe ban.

I also don't see how it can be controversial. If they outlaw gardening or water harvesting as they've tried to do in some areas, then we've got a problem.

Just as they tried to make it illegal to save seeds in the UK.

It is now illegal to own a grow light because somebody at one time used it to grow pot.

And...today the police aren't as nice and friendly as they used to be. They send in men in swat gear.

It is no longer innocent until proven guilty in our country. It is guilty and you must try to prove you are innocent, in the meantime, they can slap the cuffs on you, throw you in jail while they are searching your house. Then you are stuck with getting a lawyer, etc. etc.

It's ridiculous.

    Bookmark   June 29, 2013 at 2:16AM
Thank you for reporting this comment. Undo
TheDerek

Welcome to the communist states of america, where everything is illegal, every phone conversation and email are recorded, and EVERYONE is a criminal...

    Bookmark   July 2, 2013 at 1:52PM
Thank you for reporting this comment. Undo
donnaroyston(z7a VA)

I read the law that you quoted, and it does not outlaw grow lights. The law doesn't appear to be concerned with people growing their own food, either.

    Bookmark   July 12, 2013 at 2:27PM
Thank you for reporting this comment. Undo
backwoodsgirl

What part of "All equipment, products, and materials of any kind which are used, intended for use, or designed for use in the planting, propagating, cultivating, growing...."

Did you not get? Those that grow pot grow it indoors with grow lights.

The law doesn't appear to be concerned with growing anything, just owning the equipment to do so. That's the whole point!

    Bookmark   July 13, 2013 at 12:23AM
Thank you for reporting this comment. Undo
mrunix(z8 FL)

Go read the statute.. Section 1 is for the possession or use of drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, [...] a controlled substance; and is a misdemeanor, not a felony. In order to be prosecuted under that statute, they would have to prove you were using it to grow illegal crops.

Section 2 is for manufacturing or delivery of said drug paraphernalia that one should reasonably know will be used to plant, propagate, cultivate, grow [...] a controlled substance.. and that is a felony of the third degree under the statute. Delivering to a minor (under 18) is a felony of the first degree.

Yes, the statute stinks and is overly broad. However, there is nothing in there that would get you busted for using grow lights unless you specifically were using them to grow illegal stuff. And if you do get busted growing illegal stuff, I'm sure that this misdemeanor would be the least of your worries. What the statute really does though, is discourage any company who wants to manufacture or sell grow equipment (or even other paraphernalia such as pipes that may or may not be used for illegal purposes) from setting up shop in Florida. For them, the phrase "knowing, or under circumstances where one reasonably should know, that it will be used [...]" is the catch. Even if you are selling grow equipment for legitimate purposes, you know that it can be used for illegal activity as well.. and that's the catch.

Cheers,
Brad

Here is a link that might be useful: Fla. Statutes 893.147

This post was edited by mrunix on Sat, Jul 13, 13 at 1:54

    Bookmark   July 13, 2013 at 1:24AM
Thank you for reporting this comment. Undo
JoppaRich(7b)

"This law doesn't state that you have to be growing anything illegal. It makes owning the equipment illegal"

No, it doesn't. It makes owning grow lights that are being used to grow weed illegal. It also makes owning products specifically designed to grow weed illegal.

Grow lights don't fit that, as they weren't specifically designed to grow weed.

    Bookmark   July 17, 2013 at 3:15PM
Thank you for reporting this comment. Undo
CPTK

I think the concern is that the distinction you are referring to can't be determined until the police have already entered your home.

    Bookmark   July 18, 2013 at 9:51AM
Thank you for reporting this comment. Undo
backwoodsgirl

Thank YOU CPTK!

Somebody finally gets it! Yes, the issue isn't a fear of having done something wrong, it's that the law is written in such broad terms they literally have to invade your privacy to find out IF you've done something wrong.

And of course, with the law written as is, it gives them sweeping powers to interject themselves into your lives trying to prove it. In the meantime, you can be harassed, intimidated, humiliated and even have your goods confiscated while they are trying to prove it.

Or, they may just take all of your stuff and your life gets hung up in limbo waiting for a verdict.

I just recently watched Farmageddon and of course I've heard of other atrocities pulled off by our government in the name of "safety".

Heritage pigs being slaughtered and hauled away because they were supposedly "infected" with some horrible disease, all the while, they drive the carcasses away in a trailer dripping blood along the road as they go. This was done while the family was being held at gunpoint. That wasn't included in the video; however, several other situations just as horrible were.

You don't want to wait until somebody has been targeted to raise the warning that something is out of kilter. If the law is that ambiguous and/or far reaching to be that inclusive of non-illegal practices simply because of owning something that "could" be used for illegal purposes then it makes everybody guilty until proven innocent.

So, thank you CPTK!

    Bookmark   July 18, 2013 at 10:54AM
Thank you for reporting this comment. Undo
bigoledude(SE Louisiana)

With very inexpensive equipment, grow lights can be detected from the air. There have been MANY cases of law enforcement kicking people's doors in, handcuffing everyone in the house, only to find vegetables or plant seedlings under the offending lights.

Just recently a couple of CIA retirees had there house terrorized by SWAT soldiers because they were observed making purchases at the local hydroponics store. The "law" detected the lights inside their home and invaded it as though this couple were terrorists! If this sounds OK to you, then we're in deeper trouble than I previously thought.

I am absolutely on the side of law and order. There should be more enforcement, tougher sentences and fewer bleeding heart judges. But, this targeting of people when the only evidence you have is an infrered signal indicating a source of heat inside people's homes, is criminal! The police should do their investigative work before traumatizing people and ripping their homes apart looking for evidence that is non-existent.

    Bookmark   July 19, 2013 at 2:53AM
Thank you for reporting this comment. Undo
janezee(Sunset 5, 8b, Whidbey WA)

Those of us on Social Security, SSI, SSDI, and any other federally funded program are not entitled to any benefits for any day spent in jail, convicted or not. I've been told that people can lose everything, just waiting to be cleared. Not innocent until proven guilty: quite the opposite.

    Bookmark   September 4, 2013 at 3:02AM
Thank you for reporting this comment. Undo
backwoodsgirl

Yeah, and a lot of times, it's the people that are disabled and low income that are more concerned with trying to grow extra food than anybody else.

I'm on survivor's benefits and although I make a decent check to live on due to the fact that the house is paid off, you get one emergency that you don't expect and it can really throw you under the bus in a heartbeat.

I live in FL and we don't use air conditioning so that we can afford a few luxuries like being able to buy tools, wood, clothing and such stuff.

I'd hate to think how messed up everything would become if I had to get a lawyer for any reason.

But I didn't know that they would subtract from your check, Wow!

Let's face it, commercial farmers don't bother with grow lights, they've got specialized lights in humongous greenhouses or they order flats of plants by the truckload.

So this especially effects people that grow food at home, in smaller quantities.

    Bookmark   September 4, 2013 at 11:00AM
Thank you for reporting this comment. Undo
backwoodsgirl

Bigoledude, I apologize for not responding to your post, the notification must have gotten lost in a haze of junk mail.

Yeah, they've gotten such sophisticated equipment they can literally see through walls now.

Remember those x-ray glasses that you used to see advertised as kids? They've got them now!

    Bookmark   September 4, 2013 at 11:08AM
Sign Up to comment
More Discussions
Clonex gel turned liquid
When my Clonex gel was about a year old and I went...
jbclem
grape vine cuttings in summer?
I have to prune some grapevines which are too vigorous....
loewenzahn
Flower buds growing and swelling on callery pear tree cuttings?
i took 12 cuttings of a pretty callery flowering pear...
tlbean2004
Israeli Ruscus from a bouquet
I have six stems of Israeli Ruscus from a bouquet;...
korbine
'cloning machines' are they any good?
I've looked at some photos (on a website) that show...
tete_a_tete
People viewed this after searching for:
© 2015 Houzz Inc. Houzz® The new way to design your home™