Criminal Defense Lawyers

Drug Manufacturing Charges in Florida: Penalties for Making Illegal Drugs and Defense

Drug Manufacturing Charges in Florida: Penalties for Making Illegal Drugs and Defense

Getting charged with manufacturing illegal drugs in Florida can lead to some pretty harsh consequences. The penalties you face depend on things like the type and amount of drug, where you manufactured it, and if you have any prior drug convictions. It’s definitely not something you want to take lightly or try to handle on your own without an experienced criminal defense attorney.I know it can be scary and overwhelming if you or someone you care about gets arrested for manufacturing drugs. But don’t panic! This article will break down the common charges for manufacturing controlled substances in Florida, the penalties you could be facing, and possible defenses that a lawyer may use to fight the charges against you. I’ll also share some tips on how to find the right lawyer to handle your case.

What Does “Manufacturing” Illegal Drugs Mean in Florida?

Under Florida statute 893.13, it’s illegal to manufacture, deliver, sell, or possess controlled substances (illegal drugs). Manufacturing involves making, preparing, processing, producing, deriving, propagating, compounding, converting, or synthesizing the drug.It also includes packaging or repackaging the substance. So even if you don’t actually make the drug from scratch, repackaging it for distribution can still be considered manufacturing.Some examples of manufacturing illegal drugs include:

• Growing marijuana plants
• Operating a meth lab
• Cutting and packaging cocaine or heroin for distribution
• Tableting ecstasy pills

Simply being in possession of equipment and ingredients to manufacture drugs is enough to be charged, even if you haven’t actually produced anything yet.

Penalties for Illegal Drug Manufacturing in Florida

The penalties you’ll face for manufacturing controlled substances depend on a few key factors:

• Type of drug – The schedule it’s classified under in Florida law
• Quantity of the drug
• Location of the manufacturing
• Whether minors were present
• Your criminal history

Drug Schedules and Penalties

Florida groups controlled substances into five schedules based on their potential for abuse and accepted medical use. The schedule a drug falls under plays a big role in determining the charges and penalties someone faces for illegally manufacturing it.Schedule I drugs have no accepted medical use and high abuse potential. Examples are heroin, LSD, ecstasy, and marijuana. Manufacturing Schedule I or II drugs in Florida is typically charged as a first-degree felony.Schedule II drugs also have a high potential for abuse but do have some accepted medical uses. Examples include cocaine, methamphetamine, Adderall, Vicodin, and fentanyl.Schedules III-V have decreasing potential for abuse, with Schedule V having the lowest. Drugs like Xanax, Valium, and cough medicines with codeine fall into these schedules. Manufacturing them is usually charged as a second-degree felony.The mandatory minimum prison sentences for manufacturing different amounts of cocaine (a Schedule II drug) are:

• 28-200 grams – 3 year mandatory minimum
• 200-400 grams – 7 year mandatory minimum
• 400 grams or more – 15 year mandatory minimum

Fines for drug manufacturing can be up to $10,000.

Location-Based Penalties

If you manufacture illegal drugs within 1,000 feet of certain locations, the charges and penalties will be even more severe under Florida statute 893.1351. These include:

• Schools (public/private, elementary through university)
• Childcare facilities
• Public parks
• Houses of worship
• Recreational facilities

For example, manufacturing drugs near a school zone gets bumped up from a first-degree to a life felony. Fines can go up to $200,000 and sentences up to 30 years in prison.There are also enhanced penalties if you manufacture controlled substances in the presence of minors. Having a child present during manufacturing jumps a first-degree felony up to a life felony.

Prior Drug Convictions

If you have previous felony drug convictions on your record, each subsequent offense will face harsher penalties. A second drug manufacturing conviction can be charged as a first-degree felony even if the amount would normally be a second or third-degree charge.

Common Defenses Against Drug Manufacturing Charges

Fighting drug manufacturing charges in Florida starts with having an experienced criminal defense lawyer investigate the details of your case and identify any potential defenses. Some common defenses include:Lack of KnowledgeIf you can show you were unaware of the manufacturing taking place or did not intend to manufacture drugs, this can defeat the charges. For example, maybe a roommate was growing marijuana plants in your home without your knowledge.EntrapmentThis argues that you were induced or pressured to commit the crime by law enforcement. If police coerce you into doing something illegal that you otherwise wouldn’t have done, entrapment could invalidate the charges.Improper Police ProcedureHow police handled your arrest and the evidence against you matters. If improper procedure was used or your rights were violated, evidence may be suppressed or the case dismissed. An example is an illegal search without a warrant or probable cause.MisidentificationEyewitness misidentification is a common contributor to wrongful convictions. If you can show the witnesses who identified you were mistaken or unreliable, this creates reasonable doubt about your guilt.Medical MarijuanaIf you have a valid medical marijuana card, you may be protected under Florida’s medical marijuana laws for certain amounts or uses of cannabis.A skilled lawyer will look at every aspect of your case to figure out the best defense strategy to pursue. Don’t hesitate to discuss all the details of your arrest so they can fully assess your options.

Finding the Right Drug Manufacturing Defense Attorney

If you’ve been arrested for manufacturing controlled substances in Florida, finding the right lawyer to defend you is crucial. Here are some tips:

• Look for an attorney focused specifically on drug and criminal defense cases, not a general practice lawyer. You want someone very familiar with Florida’s drug laws and penalties.
• Find someone experienced in building defenses and negotiating with prosecutors for drug manufacturing charges.
• Ask about their track record getting drug charges reduced or dismissed pre-trial. Avoiding trial can equal avoiding mandatory minimums.
• Be sure they have experience taking drug cases like yours to trial if needed. Not all cases can or should plead out.
• Find out if they have worked on cases involving the same drugs or locations as yours (school zones, etc). Specific experience matters.
• Make sure you feel comfortable and confident in the lawyer’s skills and commitment to your case. You’ll be working closely together.

Don’t leave your freedom up to chance. The costs and risks are too high. With an experienced Florida drug manufacturing defense lawyer, you can aggressively fight the charges and seek the best possible outcome for your future. It’s critical to act fast after an arrest, so start consulting with attorneys right away.