Gainesville Criminal Defense Attorney
The production of controlled substances such as cocaine, methamphetamine, LSD, heroin, or any other narcotics, hallucinogens, or stimulants is strictly prohibited in Florida. Manufacturing or intending to manufacture any such substance through a chemical process or in a laboratory is considered a severe offense. Individuals convicted on drug manufacturing charges face severe consequences, including prison time and financial penalties. Being accused of manufacturing is undoubtedly distressing, especially considering how severely such charges are prosecuted, but it's not a helpless situation. With the guidance and assistance of an experienced criminal defense lawyer, they can contest drug manufacturing charges.
If you or a loved one have been charged with illegally manufacturing drugs, contact our Gainesville law firm, Stout Defense, P.A., to schedule a free case consultation!
Florida Laws On Drug Manufacturing
The 2020 Florida Statutes define manufacturing in section §893.02 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 using 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... " This definition does not apply to practitioners, pharmacists, and authorized agents under the supervision of a practitioner operating in professional practice.
Additionally, the possession of specialized equipment or chemicals used in the manufacturing of illicit substances is unlawful, as the intent of drug manufacturing is illegal as well.
Legal Penalties For Drug Manufacturing
The sentences for drug manufacturing will vary depending upon the specifics of a case. Often, the amount, the location, and the classification of drugs produced play a critical role in determining penalties. For example, the manufacturing of heroin, cocaine, codeine, morphine, opium, or methadone is considered a second-degree felony in many cases, punishable by up to 15 years in prison and $10,000 in fines. However, suppose the amount produced exceeds a certain threshold, such as more than four grams of an opiate. The charge is upgraded to drug trafficking: a first-degree felony punishable by up to 25 years in prison and $50,000 in fines.
Furthermore, the manufacturing of methamphetamine and peyote is considered a third-degree felony, punishable by up to 5 years in prison. However, should an individual be accused of manufacturing drugs in, on, or within 1,000 feet of a school, child care facility, church, or publicly owned recreational facility, the charge can be elevated by one degree. In the case of methamphetamine or peyote, this would upgrade a third-degree felony to a second-degree felony.
Drug Manufacturing Defense Strategies
Drug manufacturing charges are serious business, and accused offenders are often prosecuted harshly. However, there are still effective defense strategies that knowledgeable defense attorneys can employ to have charges lowered or dismissed. While defense strategies will always vary depending on the specifics of a case, some common defenses include the following.
- Law enforcement acted in such a way that could constitute unlawful entrapment.
- The accused was misidentified as the drug manufacturer.
- Law enforcement unlawfully obtained evidence. (Invalid search warrant, no search warrant, etc.)
- Law enforcement incorrectly weighed the amount of drugs the accused allegedly possessed.
- The prosecution has no actual proof that the accused had the controlled substances/chemicals or held any intent to manufacture.
How Our Gainesville Attorney Can Help
With years of experience representing individuals who've been accused of drug crimes, our skilled attorney, Adam Stout, has the necessary knowledge and background to construct an effective defense for your unique case. Don't let a drug manufacturing conviction ruin your life. Contact Stout Defense, P.A. today to schedule a free, confidential case consultation with our experienced drug crimes attorney!