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Drug Manufacturing

Drug manufacturing in Florida is punished harshly, even if police only turn up small amounts of drugs.  Additional punishments  can apply in certain situations, such as if children are present. 

If drug manufacturing is done on your property, you may face criminal charges and seizure of the property without compensation even if you are not actively involved in drug manufacturing.

Gainesville Drug Manufacturing Defense Lawyer

Being accused of drug manufacturing in Florida can be a distressing, troubling experience.  The qualified drug manufacturing defense lawyers of the Galigani Law Firm in Gainesville have about 50 years of combined legal experience and know what it takes to expose any weak links in the prosecution's case to aid your situation. 

If you have been arrested or face charges related to drug manufacturing in Alachua County, Columbia County, Baker County, Bradford County, Marion County, Levy County, Gilchrist County, or Union County, put the many years of experience and criminal defense specialization of the Galigani Law Firm behind your case. Your first consultation concerning your Gainesville drug manufacturing case with Galigani Law Firm is free, so call (352) 375-0812 today to schedule your appointment.

Overview of Drug Manufacturing Charges

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Drug Manufacturing  in Florida

Fla. Stat. § 893.13 and Fla. Stat. § 893.135 prohibit manufacture of a long list of controlled substances and outline penalties for drug manufacturing in Florida.  Penalties vary widely based on factors such as:

  • Which drug you are accused of manufacturing;
  • The amount of drugs or ingredients found;
  • The location where drugs are manufactured; and
  • Whether children under the age of 16 or 18 are present.

You may be charged under one or both of these statutes if you are accused of manufacturing drugs such as:

  • Methamphetamine;
  • Cocaine;
  • Morphine;
  • Heroin; and
  • PCP.

In nearly all situations involving accusations of drug manufacturing, you will face felony charges.  You may also face federal charges if you are accused of drug manufacturing. 

Mandatory minimum state prison sentences of 3-15 years will apply in most drug manufacturing convictions.  The weights needed to apply mandatory minimums vary widely by drug, for example, the amounts of LSD, GHB, opiates, and meth required are far lower than the amounts of PCP or cocaine required for the same sentence.

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Manufacturing Meth in Florida

One of the most common drugs one can be accused of manufacturing in Florida is methamphetamine.  Fla. Stat. § 893.135 defines “trafficking in amphetamine” as manufacturing, selling, or otherwise distributing 14 grams (half an ounce) or more of meth or meth ingredients.  This is a first-degree felony, and a conviction can lead to a prison sentence of up to 30 years.

Mandatory minimum sentencing applies to convictions for manufacturing meth and is based on the amount of meth found by law enforcement.

If the amount involved is between 14 and 28 grams (a half ounce to an ounce), the mandatory minimum penalty is:

  • Three years in prison; and
  • Fine of $50,000.

If the amount involved is 28 grams or more, but less than 200 grams (1-7 ounces), the mandatory minimum penalty is:

  • Seven years in prison; and
  • Fine of $100,000.

If the amount involved is over 200 grams (7 ounces), the mandatory minimum penalty is:

  • 15 years in prison; and
  • Fine of $250,000.

If the amount found is under 14 grams (half an ounce), you may be charged with a second-degree felony under Fla. Stat § 893.13(1)(a)1.  If convicted of manufacturing methamphetamine as a second-degree felony you face:

  • Up to 15 years in prison; and
  • Fine of $10,000.

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Drug Manufacturing in a Drug-Free Zone in Florida

Even if the amount of drugs or ingredients  seized by law enforcement is very low, you can face harsher penalties for manufacturing or otherwise distributing drugs within 1,000 feet of a:

  • School during 6 AM-midnight;
  • Public park;
  • Public housing facility;
  • Assisted living facility;
  • Community center;
  • College or university;
  • Church or similar place where religious services regularly take place; and
  • A child care facility between 6 AM and midnight, if a sign of two square feet or larger is posted in a conspicuous place reasonably visible to the public identifying it as a licensed child care facility.

Depending on the drug you are accused of manufacturing, you will probably face first or second-degree felony charges.  A second-degree felony conviction can result in up to 15 years in prison, and a first-degree felony conviction can lead to up to 30 years in prison.

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Drug Manufacturing On Your Property

If you permit drugs to be manufactured on your property, you face harsh penalties even if you are not actively involved in manufacturing drugs.  You may be charged under Fla. Stat. § 893.13(7)(a)5, which makes it illegal to keep or maintain any building, vehicle, or other property which is used for manufacturing drugs.  A first-time offense is a first-degree misdemeanor, and conviction will result in:

  • Up to one year in jail; and
  • A fine of up to $1,000.

If you have a prior conviction for a violation this statute, future convictions will be a third-degree felony, punishable by:

  • Up to five years in prison; and
  • Up to $5,000 in fines.

Your property may also be seized by the government via a procedure called civil asset forfeiture, even if nobody ends up facing charges related to the alleged drug manufacturing.  It is much easier for the government to succeed with a civil asset forfeiture than it is at a criminal trial, because the government does not need to prove its claims beyond a reasonable doubt to succeed with a civil asset forfeiture.

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Possession of Drug Manufacturing Ingredients

You may be charged under Fla. Stat. § 893.149 if law enforcement claims to have found drug manufacturing ingredients in your possession, in your car, or on your property.   Fla. Stat. § 893.033 lists substances considered to be drug manufacturing ingredients under Florida law, including:

  • Ephedrine;
  • Pseudoephedrine;
  • Acetone;  
  • Hydrochloric gas; and
  • Iodine.

If you are convicted of knowingly or intentionally possessing ingredients with intent to manufacture drugs, or with knowledge or reason to believe they will be used to manufacture drugs, this is a second degree felony and punishable by:

  • Up to a five years in prison; and
  • Up to $5,000 in fines.

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Defenses to Drug Manufacturing Charges

Depending on the circumstances, some defenses are available to you if you face charges following an accusation of manufacturing drugs.  The police may have mishandled evidence, or the amount of drugs you are accused of having may be wrong.

It may be possible to prevent evidence from being admitted against you if it was obtained without a proper search warrant.  This defense is more likely to work in some cases than others, for example, the meth manufacturing process is viewed as inherently dangerous and a threat to public safety, and it is likely that law enforcement entry without a warrant will be considered justified due to the threat to public safety posed by the meth manufacturing process.

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Galigani Law Firm | Drug Manufacturing Defense Attorney in Alachua County, Florida

If you have been accused of manufacturing drugs in Gainesville or the surrounding areas, including Alachua County, Ocala in Marion County, and Lake City in Columbia County, contact the experienced drug manufacturing defense lawyers of the Galigani Law Firm. They will do whatever it takes to fight for a favorable outcome in your Gainesville drug manufacturing case. To schedule your free initial drug manufacturing case consultation with the Galigani Law Firm, call (352) 375-0812 today.