Miami Drug Manufacturing Lawyer
Charged With Drug Manufacturing in Miami-Dade County?
The cultivation or manufacture of controlled substances such as marijuana, cocaine, heroin, methamphetamine, and other narcotics, stimulants and hallucinogens is a serious offense in Florida. The applicable narcotics laws are complicated, however, because drug manufacturing charges typically encompass drug crimes such as possession with intent to sell or drug trafficking. Nonetheless, drug manufacturing is a felony, and a conviction can result in severe penalties, including fines and imprisonment.
If you have been charged with drug manufacturing in Miami, Fort Lauderdale, West Palm Beach or throughout the state of Florida, Valiente Law has the skills and resources to handle your case. Our legal team has in depth knowledge of the drug manufacturing laws and a proven track record of successfully defending our clients in state and federal court.
What is drug manufacturing?
Generally, drug manufacturing occurs when an individual participates in any phase of the illicit drug production process. The offense involves elements of both drug possession and intent to manufacture a controlled substance. Additionally, selling or possessing chemicals or specialized equipment used in the production of illegal drugs or offering to assist with drug manufacturing is unlawful.
Under the Florida Drug Abuse Prevention and Control Act, drug manufacturing is defined as directly or indirectly producing, preparing, compounding, cultivating, growing, converting or processing a controlled substance through extraction from natural resources or chemical synthesis, or both. The offense also includes packaging, repackaging or relabeling the illicit substance.
The law differentiates between the sale, manufacture, and delivery of smaller amounts of controlled substances and drug trafficking — knowingly selling, purchasing, manufacturing, delivering or bringing a specified amount of a controlled substance into the state. Finally, the charge is elevated to a first-degree felony under circumstances such as drug cultivation or manufacturing activities within 1,000 feet of a school, child care facility, public park or community recreational facility.
Drug Manufacturing Penalties in Florida
The penalties for drug cultivation or manufacturing depend on the schedule and amount of the controlled substance. The offense is considered a second-degree felony punishable by up to 15 years in prison and a fine up to $10,000 for the following substances:
- Up to 14 grams of methamphetamine
- Up to 4 grams of opiate (e.g., heroin, Hydrocodone, Oxycodone, morphine, opium, and codeine)
- Up to 4 grams of flunitrazepam (Rohypnol, roofies)
- Up to 1 kilogram of Gamma-Hydroxybutyric Acid (GHB)
- Up to 28 grams of Phencyclidine (PCP, angel dust)
If the amount of the controlled substance exceeds set forth under the statute, however, the charge is elevated to drug trafficking, a first-degree felony, punishable by mandatory minimum prison sentences of 3 to 25 years and fines between $50,000 and $500,000. Additionally, the possession of chemicals used in drug manufacturing may be charged as a second-degree felony while activities related to drug manufacturing, such as renting a building, room or structure for the purpose of manufacturing controlled substances is considered a third-degree felony.
Cultivation of Marijuana
The production, preparation, packaging, labeling or re-labeling, propagation, compounding, cultivating, growing, conversion or processing of cannabis or marijuana, either directly or indirectly, is illegal. Growing marijuana is considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine. If the accused is in actual or constructive possession of a grow house or more than 25 marijuana plants, however, the crime is charged as a first-degree felony.
Florida Drug Manufacturing Defenses
In order to gain a conviction for drug manufacturing, prosecutors must be able to prove that you were in possession of the controlled substances or chemicals and that you had the intent to manufacture. Our legal team knows how to assert any number of defenses against drug manufacturing charges, starting with showing that you lacked intent to sell or distribute. We may also aggressively challenge the accuracy of the lab results or raise the possibility that the evidence was mishandled or compromised. Finally, we may also be able to show that the drugs were intended for personal use or that the evidence was obtained through police error or misconduct, such as improper surveillance tactics or unlawful search and seizure.
Miami Drug Manufacturing Attorney
At Valiente Law, we have a well-earned reputation for providing our clients with aggressive legal representation against drug manufacturing charges. If you are being investigated for or have been charged with a drug crime, our criminal defense attorneys are prepared to fight for your rights. We will conduct a thorough investigation of all the facts and work tirelessly to refute the charges. Although we are committed to winning an acquittal, we will be honest about the strength of the case against you and advise you of all your options, including whether to provide substantial assistance to authorities in exchange for a reduced sentence. Above all, we will fight to protect your future and clear your name. Call our office today or complete the contact form to set up a free consultation.