Drug manufacturing is a serious charge in Florida. Florida has become inundated with meth labs, marijuana grow houses, and other drug cultivating locations. Manufacturing a controlled substance is a criminal offense in Florida. Under Florida statute section 893.13 and Florida statute 893.149, cultivating or manufacturing controlled substances is an illegal activity.
Definition of Drug Manufacturing
A person may not sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Florida Statute 893.149 states it is unlawful any person to knowingly or intentionally possess a listed chemical with the intent to unlawfully manufacture a controlled substance or to possess or distribute a listed chemical knowing that the listed chemical will be used to unlawfully manufacture a controlled substance. Drug manufacturing includes growing controlled substances and chemically processing controlled substances, as well as a combination of the two. Illegal drug manufacturing in Orlando may include growing or manufacturing with some of the following drugs:
- Marijuana
- Processing cocaine
- Methamphetamine
- Phencyclidine
- Hashish
- Heroin
- Opium
- Amphetamine
- Flunitrazepam
- GHM
- Ketamine
- PCP and Analogs
- Dextromethorphan
- LSD
- Anabolic steroids
- Inhalants
Penalties for Drug Manufacturing Charges
The penalty for an Orlando drug manufacturing conviction varies depending on the amount of drugs in question. When a drug manufacturing or drug cultivation activity happens within 1,000 feet of a school, public park, child care facility, or community recreational facility, the defendant will face first-degree felony charges. Most drug manufacturing charges are second-degree felonies for possessing the chemicals with the intent to manufacture a controlled substance. A second degree felony is punishable by 15 years prison, 15 years’ probation and a $10,000 fine. Marijuana drug manufacturing charges is a third-degree felony that can result in a fine of up to $5,000 and a prison sentence of up to five years.
A defendant does not need to actually manufacture drugs to face charges related to drug manufacturing. Activities related to drug manufacturing are also illegal. Florida prosecutors can charge a defendant with a third-degree felony for renting a room, building, or structure for the purpose of manufacturing controlled substances. However, if the prosecutor can prove that the defendant was in possession of any of the drugs involved in drug manufacturing, he or she can face second-degree felony criminal charges.
Defenses Against Drug Manufacturing Charges in Orlando
One of the best defenses against drug manufacturing charges in Orlando is that the gathering of evidence was a constitutional violation. When law enforcement engages in an unlawful search or seizure of manufactured drugs, a judge will throw out the evidence. Another defense to drug manufacturing charges is that the drugs were a medical necessity. However, this is a limited defense that can only be used in certain circumstances.
Finally, if you were unaware of the drugs in your house or the manufacturing process, you can use this as a defense. Prosecutors need to prove that the defendant had an intent to manufacture or grow an illegal controlled substance. After reviewing your case, the lawyers at Moses & Rooth Attorneys at Law can develop an effective legal defense strategy.
Why You Need a Defense Lawyer
Drug manufacturing cases are often extremely complicated. Law enforcement often spends a significant amount of time investigating drug manufacturing. However, just because they spend time investigating a crime does not mean that they charge the right people. Prosecutors often do not have enough evidence to prove a drug manufacturing charge beyond a reasonable doubt. If you have been accused of drug manufacturing in Florida, we can help. Contact Moses & Rooth Attorneys at Law as soon as possible to schedule your free case evaluation.
Drug Manufacturing Resources
Florida Statute 893.13 – Drug Manufacturing within 1000 ft of school
Florida Statute 893.149 – Possession of chemicals for purpose of Drug Manufacturing
Street Slang for Drug Manufacturing
Cook, cook-up, bake, grow, batch, lab, redneck chemistry set, 909, crankhouse, gaston trailer park