Pumphrey Law Criminal Defense Drug Charges Drug Manufacturing

Drug Manufacturing

Under the Drug Abuse Prevention and Control in the Florida Statutes, the term manufacture is defined as “the production, preparation, propagation, compounding, cultivating, growing, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging of the substance or labeling or relabeling of its container.” A manufacturer is defined as including “every person who prepares, derives, produces, compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act.”

Manufacturing any illegal drug is a highly complicated but very serious crime that is generally classified as a felony offense. A manufacturing conviction can result in a very lengthy prison sentence and tens or possibly hundreds of thousands of dollars in fines.

Tallahassee Drug Manufacturing Lawyer

Are you being investigated for or have you been charged with manufacturing a controlled substance in Florida? You will want to make sure that you have legal representation as soon as possible.

Our Tallahassee drug manufacturing attorneys at Pumphrey Law help clients in Leon County and surrounding communities throughout Northern Florida, including Chipley, Graceville, Live Oak, Malone, Marianna, Mayo, and many more. Call (850) 681-7777 right now to set up a free, confidential consultation that will allow our firm to review your case and discuss your legal options.

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Leon County Drug Manufacturing Information Center

• How do the possible sentences vary for different drugs?
• What penalties might a property owner face?
• Does an alleged offender have any defenses against these charges?
• Obtain Controlled Substance by Fraud

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Drug Manufacturing Charges and Penalties in Florida

Manufacturing becomes classified as trafficking when the drugs involved exceed certain amounts. Under Florida Statute § 893.135, some of the controlled substance violations that are classified as first-degree felonies include, but are not limited to:

Mandatory minimum prison sentence of three years and fine of $50,000

• 28 grams or more but less than 200 grams of cocaine or any mixture containing cocaine
• 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 any 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 any 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 any 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)
• 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 prison sentence of seven years and fine of $100,000

• 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 any 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 any 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)
• 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 prison sentence of 15 years and fine of $250,000

• 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 any 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
• 10 kilograms or more of gamma-hydroxybutyric acid (GHB) or any mixture containing gamma-hydroxybutyric acid (GHB)

Mandatory minimum prison sentence of 15 years and fine of $500,000

• 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 any 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 any such substance
• 7 grams or more of lysergic acid diethylamide (LSD) or of any mixture containing lysergic acid diethylamide (LSD)

Mandatory minimum prison sentence of 25 years and fine of $500,000

• 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 any such substance
• 28 grams or more but less than 30 kilograms of flunitrazepam or any mixture containing flunitrazepam

Mandatory minimum prison sentence of 25 years and fine of $750,000

• 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
• 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 in prison

• 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 any 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
• 150 kilograms or more of gamma-hydroxybutyric acid (GHB)

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Property Owner Liability for Drug Manufacturing in Leon County

Florida Statute § 893.1351 addresses the possible punishments relating to the ownership, lease, rental, or possession for manufacturing a controlled substance. Depending on specific circumstance, property owners may be subject to the following penalties:

• Third-degree felony
  If an alleged offender owns, leases, or rents any place, structure, or part thereof, trailers, or other conveyances with the knowledge that it will be used for the manufacture of a controlled substance intended for sale or distribution to another. This crime is punishable by up to five years in prison and a fine of up to $5,000.
• Second-degree felony
  If an alleged offender is in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that it will be used for the manufacture of a controlled substance intended for sale or distribution to another. This crime is punishable by up to 15 years in prison and a fine of up to $10,000.
• First-degree felony
  If an alleged offender is in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that it will be used for the manufacture of a controlled substance intended for sale or distribution to another and knew or should have known that a minor was present or resides in the place, structure, trailer, or conveyance. This crime is punishable by up to 30 years in prison and a fine of up to $10,000.

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Florida Drug Manufacturing Defenses

Despite the frightening nature of being charged with manufacturing a controlled substance, there may be ways to get these charges reduced or completely dismissed. A few examples of defenses that can be applicable in these cases include, but are not limited to:

• Drugs were manufactured by authorized individuals
• Drugs were manufactured for personal use
• Drugs were manufactured in accordance with the Federal Food, Drug and Cosmetic Act (FFDCA, FDCA, or FD&C)
• Entrapment
• Illegal forms of surveillance
• Illegal search and seizure
• Improperly handled lab analysis
• No intent to sell or distribute

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Find a Drug Manufacturing Lawyer in Tallahassee

If you have been charged with or you believe you are being investigated for manufacturing a controlled substance, you should immediately get yourself legal representation. Pumphrey Law fights to defend clients in these situations throughout Leon County as well as nearby communities in Madison County, Lafayette County, Suwannee County, Washington County, Jackson County, and elsewhere in Northern Florida.

Our Tallahassee drug manufacturing attorneys are licensed to practice in all Florida state courts as well as the United States District Court for the Northern District of Florida. We can review your case and begin developing your legal defense as soon as you call (850) 681-7777 to set up a free consultation.

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This article was last updated on October 22, 2016.