Drug House Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. He has defended people in tax fraud, bank fraud, wire fraud, drug-trafficking, and money-laundering cases. Our office answers 24 hours a day.

The Three Charges

Fines can reach $5,000 for a third-degree felony and $10,000 for a first- or second-degree felony.

What the State Must Prove

Ownership, lease, or rental (Fla. Std. Jury Instr. (Crim.) 25.13(f); see our Elements page): you owned, leased, or rented the place, structure, or conveyance, and at that time you knew it would be used for trafficking, for the sale of a controlled substance, or to manufacture a controlled substance meant for sale or distribution.

Possession of a place (25.13(g); Elements page): you were knowingly in possession of the place, structure, trailer, or conveyance, and at the time you knew it would be used for one of those purposes.

Manufacturing with a minor present (25.13(h); Elements page): you were knowingly in possession of the place; you knew it was being used to manufacture a controlled substance meant for sale or distribution; and you knew or should have known that a minor (someone under 18) was present or lived there.

The instructions explain that possessing a place means knowing it exists and intentionally exercising control over it. Possession can be shared. Being near a place, without more, does not prove control.

The 25-Plant Rule

Under the statute, proof that someone possessed 25 or more cannabis plants is prima facie evidence that the cannabis was meant for sale or distribution. In the possession instructions, the jury is told it may, but is not required to, draw that inference. Plant counts, who owned the plants, and who controlled the space are often contested.

Defense Themes

• Knowledge at the time. A landlord or owner who did not know what a tenant was doing has a real defense. The instructions focus on what you knew when you owned, rented, or possessed the place.
• Control. Being a roommate, a guest, or the name on a lease is not the same as controlling the space. The State has to prove knowledge and control.
• What the place was used for. The State must tie the place to trafficking, sales, or manufacturing for sale, not just personal use.
• The minor. For the first-degree charge, the State must prove you knew or should have known a minor was present or lived there.
• The search. Home searches get the strongest protection. See Motions to Suppress.

What to Do First

1. Do not explain who lives there or who pays the rent to police without a lawyer.
2. Gather leases, rent records, and messages with tenants or other occupants.
3. Call us about bond and the search. See Drug Trafficking if a trafficking charge comes with it, and Bond & Nebbia Hearings.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

My tenant was growing marijuana. Can I be charged as the landlord?

Only if the State proves you knew, at the time you owned, leased, or rented the property, that it would be used for trafficking, sales, or manufacturing for sale.

Is 25 plants automatically "for sale"?

No. It is evidence the State can use, and the jury may, but does not have to, infer intent to sell from it.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.