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Drug Manufacturing

The manufacture of a controlled substance in Florida is a felony offense unless the person involved in the activity is a pharmacist or other authorized agent operating within the scope of state law. Florida Statute § 893.02(15)(b) defines manufacturer as meaning and including “every person who prepares, derives, produces, compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act.”

Under Florida Statute § 893.02(15)(a), manufacture means “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.” Drug manufacturing charges are usually elements of separate criminal offenses, such as possession with intent to sell or drug trafficking.

Lawyer for Drug Manufacturing Crimes in Miami-Dade County, FL

If you think that you might be under investigation or you were already arrested in Florida for allegedly manufacturing a controlled substance, do not say anything to authorities without legal counsel. The Hoffman Firm fights to protect the rights of clients all over Miami-Dade County.

Miami criminal defense attorney Evan A. Hoffman is a former prosecutor who helps alleged offenders accused of drug offenses in such communities as Miami Beach, Aventura, Hialeah, North Miami, and many more. You can have our lawyer review your case and help you understand all of your legal options when you call (305) 249-0090 to take advantage of a free, confidential consultation.


North Miami Drug Manufacturing Information Center


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Florida Drug Trafficking Penalties

The amount of the controlled substance involved in an alleged manufacturing offense determines the grade of felony that the crime is classified as. Penalties can be enhanced if an alleged offender manufactures a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility.

Manufacturing up to one gram of lysergic acid diethylamide (LSD) or up to 14 grams of amphetamines is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000. It is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000 if an alleged offender manufactures any of the following:

  • Up to 14 grams of methamphetamine;
  • Up to 4 grams of an opiate, such as heroin, hydrocodone, oxycodone, morphine, opium, or codeine;
  • Up to 4 grams of flunitrazepam (Rohypnol or “roofies”);
  • Up to 1 kilogram of gamma-hydroxybutyric acid (GHB) or
  • Up to 28 grams of phencyclidine (PCP or angel dust).

When a controlled substance exceeds any of these amounts, the manufacturing offense becomes a first-degree felony trafficking crime. The possible sentences in such cases depend on the specific amount involved:

Controlled Substance

Amount

Fine

Prison Sentence

Amphetamine, methamphetamine, 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

$50,000

Minimum of three years up to 30 years in prison

28 grams or more, but less than 200 grams

$100,000

Minimum of seven years up to 30 years in prison

200 grams or more

$250,000

Minimum of 15 years up to 30 years in prison

Cocaine

28 grams or more, but less than 200 grams

$50,000

Minimum of three years up to 30 years in prison

200 grams or more, but less than 400 grams

$100,000

Minimum of seven years up to 30 years in prison

400 grams or more, but less than 150 kilograms

$250,000

Minimum of 15 years up to 30 years in prison

150 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Flunitrazepam or any mixture containing flunitrazepam

4 grams or more but less than 14 grams

$50,000

Minimum of three years up to 30 years in prison

14 grams or more but less than 28 grams

$100,000

Minimum of seven years up to 30 years in prison

28 grams or more but less than 30 kilograms

$500,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

GHB

1 kilogram or more but less than 5 kilograms

$50,000

Minimum of three years up to 30 years in prison

5 kilograms or more but less than 10 kilograms

$100,000

Minimum of seven years up to 30 years in prison

10 kilograms or more

$250,000

Minimum of 15 years up to 30 years in prison

Hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof

14 grams or more, but less than 28 grams

$50,000

Minimum of three years up to 30 years in prison

28 grams or more, but less than 50 grams

$100,000

Minimum of seven years up to 30 years in prison

50 grams or more, but less than 200 grams

$500,000

Minimum of 15 years up to 30 years in prison

200 grams or more, but less than 30 kilograms

$750,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

LSD

1 gram or more, but less than 5 grams

$50,000

Minimum of three years up to 30 years in prison

5 grams or more, but less than 7 grams

$100,000

Minimum of seven years up to 30 years in prison

7 grams or more

$500,000

Minimum of 15 years up to 30 years in prison

Methaqualone (Quaalude) or any mixture containing methaqualone

200 grams or more, but less than 5 kilograms

$50,000

Minimum of three years up to 30 years in prison

5 kilograms or more, but less than 25 kilograms

$100,000

Minimum of seven years up to 30 years in prison

25 kilograms or more

$250,000

Minimum of 15 years up to 30 years in prison

Morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin

4 grams or more, but less than 14 grams

$50,000

Minimum of three years up to 30 years in prison

14 grams or more, but less than 28 grams

$100,000

Minimum of 15 years up to 30 years in prison

28 grams or more, but less than 30 kilograms

$500,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

Oxycodone, or any salt, derivative, isomer, or salt of an isomer thereof

7 grams or more, but less than 14 grams

$50,000

Minimum of three years up to 30 years in prison

14 grams or more, but less than 25 grams

$100,000

Minimum of seven years up to 30 years in prison

25 grams or more, but less than 100 grams

$500,000

Minimum of 15 years up to 30 years in prison

100 grams or more, but less than 30 kilograms

$750,000

Minimum of 25 years up to 30 years in prison

30 kilograms or more

Life in prison with ineligibility for any form of discretionary early release

PCP or any mixture containing PCP

28 grams or more, but less than 200 grams

$50,000

Minimum of three years up to 30 years in prison

200 grams or more, but less than 400 grams

$100,000

Minimum of seven years up to 30 years in prison

400 grams or more

$250,000

Minimum of 15 years up to 30 years in prison


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Drug Manufacturing Charges Against Miami-Dade County Property Owners

People who allow controlled substance to be manufacture on their property can also face drug manufacturing charges—even if they did not take part in the manufacturing process. Florida Statute § 893.1351 establishes the following penalties for ownership, lease, rental, or possession of certain types of property for manufacturing a controlled substance:

  • Owning, leasing, or renting 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 is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000;
  • 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 is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000; and
  • 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 knowing or having should have known that a minor was present or resides in the place, structure, trailer, or other conveyance is a first-degree felony punishable by up to 30 years in prison and a fine of up to $10,000.

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Florida Resources for Drug Manufacturing Arrests

Narcotics Bureau | Miami-Dade County — The Narcotics Bureau conducts criminal investigations of all offenses in Miami-Dade County relating to violations of state drugs laws. Manufacturing is one of major levels of investigations conducted by the Narcotics Bureau. Some manufacturing investigation in the Miami area may also be handled by the Narcotics Unit of the Miami Police Department’s Special Investigations Section.

Narcotics Bureau
9105 NW 25th Street
Doral, FL 33172
(786) 337-4450

Florida Statute § 893.13 — View the full text of the state law governing manufacturing crimes relating to controlled substances. You can also find manufacturing offenses that are classified as trafficking crimes under Florida Statute § 893.135.


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The Hoffman Firm | Drug Manufacturing Lawyer in Miami, Florida

Have you been arrested or do you suspect that you might be under investigation for allegedly manufacturing a controlled substance in Florida? It is in your best interest to contact The Hoffman Firm as soon as possible for help fighting the criminal charges.

Evan A. Hoffman is a skilled criminal defense attorney in Miami who helps clients in Key Biscayne, Coral Gables, Opa-locka, South Miami, and several other communities in Miami-Dade County. He will provide an honest and thorough evaluation of your case as soon as you call (305) 249-0090 or complete an online contact form today.


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All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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