Miami Drug Manufacturing Attorney
If you or a loved one are facing criminal charges, you need an experienced Miami drug manufacturing attorney. Convictions for drug manufacturing can result in lengthy prison sentences. In addition to the manufacturing charge, those accused of this crime may also face additional drug-related charges, like possession with intent to sell a controlled substance or drug trafficking, which can further enhance the possible punishment. If you have been charged with drug manufacturing, it is critical to seek the assistance of a qualified criminal defense attorney with extensive knowledge of drug laws. You need to begin preparing your defense. We have significant experience defending drug crimes and will do everything we can to fight for your freedom and protect your rights.
What is Drug Manufacturing?
According to Florida law, a drug manufacturer is any individual who engages in the production of drugs through activities such as preparation, derivation, production, compounding, or repackaging. This doesn’t apply to prescription drugs or prescription medication made by legitimate pharmaceutical companies. The Food and Drug Administration (FDA) highly regulates properly manufactured medication, so it is safe for its intended use. Illegal drug manufacturing typically involves any involvement in creating an illegal substance. This can include participating in any stage of production, selling or possessing the chemicals or specialized equipment used in the manufacture of illegal drugs, or offering to help with drug manufacturing in any way. You can also be charged with this crime if you pack, repackage, or relabel the substance in question.
Drug Manufacturing Penalties in Miami, Florida
Drug manufacturing is a type of drug crime that usually means felony charges. The maximum and minimum criminal penalties for the charge depend on several factors. The most significant factors are the specific drug manufactured, the amount, and the location where the drug was made. Manufacturing drugs within a thousand feet of a school or place of worship carries harsher penalties and can call for mandatory minimum sentences of three years in state prison. Drug manufacturing convictions, like most felony offenses, can have collateral consequences such as driver’s license suspensions, employability, housing issues, and immigration concerns.
The types of drugs involved and the amount also influence the maximum sentence for manufacturing a controlled substance.
An alleged offender who manufactures one of the following relatively common drugs is guilty of a third-degree felony punishable by five years in prison and/or a $5,000 fine:
- Up to one gram of lysergic acid diethylamide (LSD)
- Up to 14 grams of amphetamines
Manufacturing of the following is a second-degree felony punishable by 15 years in prison and/or a $10,000 fine:
- Up to 4 grams of flunitrazepam (also known as Rohypnol or roofies)
- Up to 4 grams of opiates (such as heroin, Hydrocodone, Oxycodone, morphine, opium, and codeine)
- Up to 14 grams of methamphetamine
- Up to 1 kilogram of Gamma-Hydroxybutyric Acid (GHB)
- Up to 28 grams of Phencyclidine (also known as PCP or angel dust)
If the quantity of drugs in a manufacturing offense is greater than these specified amounts, a person may be charged with the first-degree felony of drug trafficking. Drug trafficking is a serious crime with severe consequences, including minimum mandatory prison sentences ranging from 3 to 25 years and fines up to $500,000.
Cultivation of Marijuana and Grow Houses
Florida Statute 893.02 defines cultivating controlled substances, such as marijuana, as “the preparation of any soil or hydroponic medium for the planting of a controlled substance or the tending and care or harvesting of a controlled substance.” As marijuana grow houses become increasingly prevalent in South Florida, law enforcement is taking measures to crack down on this illegal activity. One tactic they use is closely monitoring abandoned warehouses and rental units for any signs indicating marijuana cultivation. This includes covered or darkened windows and elevated energy usage. They also keep a close watch on houses belonging to individuals suspected of marijuana drug distribution, looking for signs of drug deals or transfers of the substance. While these efforts help combat the illegal narcotics trade, they can also result in innocent people being falsely accused of marijuana cultivation or other drug-related crimes.
Cannabis cultivation under 25 pounds is a third-degree felony, punishable by up to 5 years in prison and up to $5,000 in fines. If cultivation occurs within 1,000 feet of specific locations, it can be a second-degree felony punishable by up to 15 years in prison and $10,000 in fines. These locations include assisted living facilities, state or local parks, community centers, and publicly owned recreational facilities, as well as schools, colleges, universities, and other postsecondary educational institutions. Additionally, offenses are considered more severe if they occur within 1,000 feet of public housing facilities, places of worship, convenience businesses, or childcare facilities between 6 a.m. and 12 midnight.
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 drug trafficking, a first-degree felony.
Penalties for trafficking marijuana depends upon the weight and/or the number of plants that are seized during a search:
- If the amount is more than 25 pounds but less than 2,000 pounds, or if there are 300 to 2,000 cannabis plants, there is a 3-year minimum mandatory sentence, and the defendant shall be ordered to pay a fine of $25,000.
- If the amount is more than 2,000 pounds but less than 10,000 pounds, or if there are 2000 to 10,000 cannabis plants, there is a 7-year minimum mandatory sentence, and the defendant shall be ordered to pay a fine of $50,000.
- If the amount is 10,000 pounds or more, or if there are 10,000 or more cannabis plants, there is a 15-year minimum mandatory sentence, and the defendant shall be ordered to pay a fine of $200,000.
Property Owner Drug Manufacturing Offenses
In Florida, the Marijuana Grow House Eradication Act has made it illegal to own or possess a place, such as a structure, trailer, or other location, with the knowledge that it will be used for the manufacturing, sale, or distribution of marijuana. The Act specifies that possession of 25 or more cannabis plants, regardless of their growth stage, is considered prima facie evidence of intent to sell or distribute the substance. Violating these provisions is a felony of the third or second degree, respectively. If a minor is present or resides in a place used to manufacture controlled substances for sale or distribution, and an individual has this place with the knowledge of these activities, they have committed a first-degree felony.
Florida Drug Manufacturing Defenses
One potential approach to defending against allegations of drug manufacturing is to argue that the evidence against you was obtained through a constitutional violation, such as an illegal search. If a judge determines that the evidence was obtained this way, it may be excluded from consideration in the case. This can be a strong defense, as it can be difficult for the prosecution to prove their case without using this evidence. Another possible defense against drug manufacturing charges is to argue that the drugs in question were a medical necessity. This defense may be available in cases where the substance was produced or possessed for the purpose of treating a legitimate medical condition. However, it is important to note that this defense is not always available and can only be used in specific circumstances (e.g., medical marijuana).
One potential defense against drug manufacturing charges is to argue that you were unaware of the presence of the illicit substance or the manufacturing process in your home. Suppose you can demonstrate that you did not know about these activities. In that case, it may be difficult for the prosecution to prove that you had the necessary intent to be convicted of drug manufacturing. This defense may be particularly relevant if you share your home with other individuals who may have been responsible for the drugs or manufacturing process.
Contact an Experienced Miami Drug Manufacturing Lawyer
Drug manufacturing cases can be complex, and South Florida law enforcement may devote significant resources to investigating such crimes. However, it is important to remember that just because someone is investigated or charged with a drug offense does not necessarily mean they are guilty. In some cases, prosecutors may not have sufficient evidence to establish guilt beyond a reasonable doubt. If you have been accused of drug manufacturing in Miami, it is essential to seek the advice of an experienced Miami drug manufacturing lawyer as soon as possible. Drug convictions can have serious consequences. Our law firm has decades of experience fighting for our clients. We can help you understand your options and defend your rights. By taking the immediate action of hiring an experienced drug crime attorney to protect yourself, you are minimizing the chances that your criminal case will have lasting legal consequences for your career, personal life, and reputation.
By taking the immediate action of hiring an attorney to defend yourself against manufacturing of drugs charges, you are minimizing the chances that your criminal case will have lasting consequences for your career, personal life, and reputation.
CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.
*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry in a timely and appropriate manner.
ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A LAWYER