Drug Manufacturing Charges

The criminal offense of drug manufacturing occurs when a person attempts to illegally make or produce a controlled substance. The popular TV show “Breaking Bad” was an example of drug manufacturing, as the two leads were illegally producing crystal meth. In Florida, manufacturing drugs is both dangerous and illegal. 

Florida law defines drug manufacturing as the “production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance.” This can take place by extracting substances from their natural origin, creating a chemical synthesis, or a combination of both. A person is considered a manufacturer if they have “prepared, derived, produced, compounded, or repackaged any drug.”

The manufacturing of illegal drugs is a complicated charge, with penalties ranging in severity based on the type and quantity of the substance in the defendant’s possession. A person charged with drug manufacturing can face serious penalties such as mandatory minimum prison sentences, high-cost fines, or both. 

South Florida Drug Manufacturing Attorney 

If you or someone you know is accused of a drug crime such as manufacturing, make it your priority to speak with a criminal defense attorney. The laws applicable to drug charges are complex, and an attorney can help review your case details and determine how best to proceed. The defense attorneys at Ian Goldstein Law represent clients in various counties across South Florida. Contact our office today at (561) 600-0950 and receive a free consultation regarding your case. 

Charges and Penalties for Drug Manufacturing 

Florida Statute Section 893.135 explains the various definitions and penalties for drug manufacturing. A defendant is in “possession” of a controlled substance by claiming to own, control, or manage the substances. The difference between actual and constructive possession is that actual possession implies the drugs are on the defendant’s person, such as in their hand or in their pocket. Constructive possession means the defendant has sole control over the substances in a specific location. 

A person caught in possession of a controlled substance will already face tough criminal penalties. However, the penalties become more severe depending on how much the defendant had in their possession, and the type of substance they were accused of possessing. A defendant may be charged with drug manufacturing if they have been accused of producing, preparing, compounding, or processing any controlled substance. 

For the prosecution to convict a defendant of drug manufacturing, they must prove the following beyond a reasonable doubt: 

• The defendant had a controlled substance in their actual or constructive possession with the intent to manufacture, sell, or distribute; 
• The controlled substance is listed under the Florida Drug Schedule; and 
• The defendant had knowledge or was aware of the controlled substance in their possession. 

The specific penalties will vary on a case-to-case basis, depending on the type of controlled substance, the amount in the defendant’s possession, and the other circumstances surrounding the case. A defendant who is accused of manufacturing a Schedule I or II drug such as cocaine may face a first-degree felony. A defendant accused of manufacturing a Schedule III, IV, or V controlled substance may face a second-degree felony. However, Florida also assigns mandatory minimum sentences for possessing certain quantities of drugs. 

The following lists the various mandatory minimum penalties for drug manufacturing, based on Florida Statute 893.135: 

Mandatory Minimum 3-Year Imprisonment and $50,000 fine

• 28 grams or more but less than 200 grams of cocaine or any mixture;
• 4 grams or more but less than 14 grams of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or any mixture containing such substance;
• 14 grams or more but less than 28 grams of hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing such substance;
• 7 grams or more but less than 14 grams of oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing such substance;
• 28 grams or more but less than 200 grams of phencyclidine (PCP or angel dust) or of any mixture containing phencyclidine;
• 14 grams or more but less than 28 grams of amphetamine, methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine;
• 4 grams or more but less than 14 grams of flunitrazepam or any mixture containing flunitrazepam;
• 1 kilogram or more but less than 5 kilograms of gamma-hydroxybutyric acid (GHB) or any mixture containing gamma-hydroxybutyric acid (GHB); or
• 1 gram or more but less than 5 grams of lysergic acid diethylamide (LSD) or of any mixture containing lysergic acid diethylamide (LSD).

Mandatory Minimum 7-Year Imprisonment and $100,000 fine

• 200 grams or more but less than 400 grams of cocaine or any mixture containing cocaine;
• 28 grams or more but less than 50 grams of hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing such substance;
• 14 grams or more but less than 25 grams of oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing such substance;
• 200 grams or more but less than 400 grams of phencyclidine (PCP or angel dust) or of any mixture containing phencyclidine;
• 28 grams or more but less than 200 grams of amphetamine, methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine;
• 14 grams or more but less than 28 grams of flunitrazepam or any mixture containing flunitrazepam;
• 5 kilograms or more but less than 10 kilograms of gamma-hydroxybutyric acid (GHB) or any mixture containing gamma-hydroxybutyric acid (GHB); or
• 5 grams or more but less than 7 grams of lysergic acid diethylamide (LSD) or of any mixture containing lysergic acid diethylamide (LSD).

Mandatory Minimum 15-Year Imprisonment and $250,000 fine

• 400 grams or more but less than 150 kilograms of cocaine or any mixture containing cocaine;
• 14 grams or more but less than 28 grams of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or any mixture containing such substance;
• 400 grams or more of phencyclidine (PCP or angel dust) or of any mixture containing phencyclidine;
• 200 grams or more of amphetamine, methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine; or
• 10 kilograms or more of gamma-hydroxybutyric acid (GHB) or any mixture containing gamma-hydroxybutyric acid (GHB).

Mandatory Minimum 15-Year Imprisonment and $500,000 fine

• 50 grams or more but less than 200 grams of hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing such substance;
• 25 grams or more but less than 100 grams of oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing such substance; or
• 7 grams or more of lysergic acid diethylamide (LSD) or of any mixture containing lysergic acid diethylamide (LSD).

Mandatory Minimum 25-Year Imprisonment and $500,000 fine

• 28 grams or more, but less than 30 kilograms of any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or any mixture containing such substance; or
• 28 grams or more but less than 30 kilograms of flunitrazepam or any mixture containing flunitrazepam.

Mandatory Minimum 25-Year Imprisonment and $750,000 fine

• 200 grams or more but less than 30 kilograms of hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing any such substance; or
• 100 grams or more but less than 30 kilograms of oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof, or any mixture containing any such substance.

Life Imprisonment

• 150 kilograms or more of cocaine;
• 30 kilograms or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or any mixture containing such substance;
• 800 grams or more of phencyclidine or of any mixture containing phencyclidine;
• 400 grams or more of amphetamine, methamphetamine, or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine;
• 30 kilograms or more of flunitrazepam or any mixture containing flunitrazepam; or
• 150 kilograms or more of gamma-hydroxybutyric acid (GHB).

Additional Charges for Property Owner Liability 

A defendant can also face charges for the location where the controlled substances are manufactured or created. Under Florida Statute Section 893.1351, it is unlawful for any person to own, rent, lease, or possess a location for the purpose of manufacturing illicit substances. Following are the penalties for each of the offenses under Florida law: 

• The defendant owns, leases, or rents any place or structure with the knowledge that it is being used to manufacture controlled substances – Considered a third-degree felony, with penalties up to $5,000 in fines and up to 5 years of imprisonment. 
• Defendant is in actual or constructive possession of any place, structure, or conveyance with the knowledge that it is being used to manufacture controlled substances intended for distribution or sale – Considered a second-degree felony, with penalties up to $10,000 in fines and up to 15 years of imprisonment.
• Defendant is in actual or constructive possession of any place, structure, or conveyance with a minor present or residing in the place, with the knowledge that it is being used to manufacture controlled substances intended for distribution or sale – Considered a first-degree felony, with penalties up to $10,000 in fines and up to 30 years of imprisonment. 

Penalties for Manufacturing Near Protected Places 

Florida Statute Section 893.13 explains it is unlawful for any person to manufacture, sell, or deliver, or possess any controlled substance with the intent to manufacture or sell within any of the following locations:

• Childcare facility;
• Public or private elementary, middle, or high school;
• Private or public college, university, or other postsecondary institution;
• State, county, or municipal park; 
• Publicly owned recreational facility; 
• Physical place of worship; 
• Public housing facility; or
• Assisted living facility.

Attempting to manufacture, sell, or distribute controlled substances within 1,000 feet of the above protected spaces can result in additional criminal charges. Depending on the type of substance and its quantity, the defendant can face any of the following penalties: 

• First-degree felony with a mandatory minimum imprisonment of 3 years for any controlled substance under Schedule I or specified under Schedule II; 
• Second-degree felony for any controlled substance under the remainder of Schedule II, Schedule III, or Schedule IV; or
• A $500 fine and 100 hours of public community service for any other controlled substance, except as lawfully sold. 

Defenses to Drug Manufacturing Charges 

A defendant facing drug charges may feel as if an arrest equates to guilt, and that their case is hopeless. However, there are available defenses that are applicable to drug charges. A criminal defense attorney may be able to help get the charges against you reduced or dismissed completely. The following is a list of defenses to use against a drug manufacturing charge: 

• An authorized individual manufactured the controlled substance;
• The controlled substances were manufactured in accordance with the Federal Food, Drug, and Cosmetic Act;
• Law enforcement conducted an illegal search and seizure;
• Lack of evidence; 
• Police used entrapment to coerce or entice the defendant to commit a crime they would not otherwise commit;
• Evidence was improperly handled during the lab analysis; or
• Defendant lacked the intent to sell or distribute the substances. 

Criminal cases involving drug possession and manufacturing are complex. If you have been arrested for a drug charge in Florida, it is in your best interest to speak with a defense attorney to determine what defenses are applicable to your specific case. 

Finding a South Florida Drug Charges Defense Attorney 

Drug charges are not something that should be taken lightly in Florida, as the prosecution will push for the harshest penalties for cases involving large quantities of controlled substances. An individual arrested for drug manufacturing may be looking at decades behind bars, in addition to paying expensive fines. Any person accused of a drug crime in Florida should reach out to a Palm Beach criminal defense attorney as soon as possible. 

At Ian Goldstein Law, our attorneys have years of experience working with clients in the following counties: Palm Beach, Broward, Dade, Martin, and St. Lucie. We understand the pressure you may feel while dealing with a criminal charge. Our team hopes to alleviate your stress and provide you with the best possible defense for your case. Contact us today at (561) 600-0950 for a free consultation.