Pumphrey Law Criminal Defense Drug Charges Drug Manufacturing

Drug Manufacturing

In Florida, the offense of manufacturing a controlled substance is taken very seriously and can result in harsh consequences if convicted. The specific charge and penalties will vary depending on the type of drug being manufactured, the quantity in the accused person’s possession, and the circumstances surrounding the specific case.

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 been charged with manufacturing a controlled substance in Florida? If so, it is imperative that you seek 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.

---

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

---

Back to top

Drug Manufacturing Charges and Penalties in Florida

Florida’s drug possession statute defines the intent to “sell” as the act of transferring or delivering a substance to another person for the exchange of money or something else of value. “Possession” is defined as the defendant claiming ownership or exercising the right to own, manage, or control the illicit substances. Actual possession means the defendant had the controlled substances on their person or within ready reach, such as in their hand or pocket. Constructive possession means the defendant did not have the controlled substances on them, but instead had them stored in a place or location which the defendant had ultimate control over.

In Florida, there are harsh consequences for individuals who are found in the possession of a controlled substance. The charges and penalties are more severe depending on the amount and type of substance in the defendant’s possession.  A person who is suspected of producing, preparing, compounding, or processing any illegal drug may be charged with drug manufacturing. A defendant who is accused of drug manufacturing can face extensive punishment such as expensive fines and mandatory minimum prison sentences.

The State is responsible for proving the defendant’s guilt based on the available evidence. To prove the defendant’s guilt of possession of a controlled substance with the intent to manufacture, sell, or deliver, the prosecution must establish the following elements beyond a reasonable doubt:

• The defendant had in their actual or constructive possession a controlled substance with the intent to sell, manufacture, or deliver;
• The substance was classified under the Drug Schedule under Florida Statute Section 893.03; and
• The defendant had knowledge of the controlled substance’s existence.

The penalties for drug manufacturing will vary depending on the type of substance in the defendant’s possession, and its quantity. For example, manufacturing a Schedule I or II drug—such as cocaine or heroin—is considered a first-degree felony. In Florida, the penalties for a first-degree felony include up to a $10,000 fine and up to 30 years in prison.

Manufacturing a Schedule III, IV, or V drug—such as prescription drugs or steroids—is considered a second-degree felony. In Florida, the penalties for a second-degree felony include up to a $10,000 fine and up to 15 years in prison. In addition, the penalties are more severe if the defendant was within 1,000 feet of a school or place of worship, or if the controlled substances resulted in the user’s death. 

Under Florida Statute § 893.135, some controlled substance violations have mandatory minimum prison sentencing and fines. The following lists the various drug manufacturing penalties based on the type and amount in the defendant’s possession:  

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
• 30 kilograms or more of synthetic cannabinoids

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)

---

Back to top

Property Owner Liability for Drug Manufacturing in Leon County

Florida has additional charges and penalties for the location of where illicit drugs are manufactured. Florida Statute § 893.1351 addresses the possible punishments relating to the ownership, lease, rental, or possession for manufacturing a controlled substance. Depending on the 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.

---

Back to top

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

It is always in your best interest to first speak with a skilled defense attorney in your area to determine which defenses are applicable to your case.

---

Back to top

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.

---

This article was last updated on April 13, 2023.