Methamphetamine (often referred to as crystal meth or just “meth,” but also known as crank, chalk, or ice) is classified as a Schedule II controlled substance under both the federal Controlled Substances Act (CSA) and the Florida Comprehensive Drug Abuse Prevention and Control Act. In recent years, Florida and much of the nation has seen an increase in attempts to manufacture (or “cook”) methamphetamine using common over-the-counter (OTC) drugs and chemicals in homes or transportable settings that are commonly referred to as “meth labs.”
When a person is accused of manufacturing methamphetamine in Florida, prosecutors will aggressively pursue felony charges that carry steep prison sentences and significant fines. Alleged offenders in these cases are often presented as inherent dangers to the community.Attorney for Manufacturing Methamphetamine in Miami-Dade County, FL
Were you arrested or do you believe that you might be under investigation for allegedly manufacturing methamphetamine anywhere in South Florida? You should refuse to make any kind of statement to authorities without legal counsel. Contact The Hoffman Firm as soon as possible.
Miami criminal defense lawyer Evan A. Hoffman represents people accused of drug crimes in communities throughout Miami-Dade County, including Homestead, Miami, Coral Gables, Aventura, South Miami, and many others. Call (305) 249-0090 today to have our attorney provide an honest and thorough evaluation of your case during a free initial consultation.
Overview of Methamphetamine Manufacturing in North Miami
- How does the amount of methamphetamine involved impact the grade of criminal charges?
- What are some of the other charges a person can face related to manufacturing methamphetamine?
- Where can I learn more about manufacturing methamphetamine in Miami-Dade County?
Manufacturing Methamphetamine Penalties in Florida
Manufacturing less than 14 grams of methamphetamine is a second-degree felony under Florida Statute § 893.13(1)(a) punishable by up to 10 years in prison and/or a fine of up to $10,000 as well as a one-year suspension of a person’s driver’s license. Whenever an alleged offender possesses 14 grams or more of methamphetamine—regardless of whether the underlying crime was drug manufacturing or possession with intent to manufacture—the crime is prosecuted as trafficking in methamphetamine.
Trafficking in methamphetamine is a first-degree felony under Florida Statute § 893.135(f) that can carry different mandatory minimum sentences depending on the amount that was allegedly possessed:
- 14 grams or more, but less than 28 grams — Mandatory minimum of three years up to 30 years in prison and/or a fine of up to $50,000;
- 28 grams or more, but less than 200 grams — Mandatory minimum of seven years up to 30 years in prison and/or a fine of up to $100,000; or
- 200 grams or more — Mandatory minimum of 15 years up to 30 years in prison and/or a fine of up to $250,000.
Florida Statute § 893.135(f)2 further provides that any person who knowingly manufactures or brings into Florida 400 grams or more of methamphetamine or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine, and who knows that the probable result of such manufacture or importation would be the death of any person, commits a capital felony punishable by death or life in prison and/or a fine of up to $250,000.
Related Methamphetamine Manufacturing Penalties in Miami
Under Florida Statute § 893.149, it is a second-degree felony if an alleged offender knowingly or intentionally possesses a listed chemical with the intent to unlawfully manufacture a controlled substance or possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to unlawfully manufacture a controlled substance. Listed chemical is defined under Florida Statute § 893.02(14) as any precursor chemical or essential chemical named or described in Florida Statute § 893.033.
Florida Statute § 893.13(1)(g) prohibits manufacturing methamphetamine or phencyclidine, or possessing any listed chemical with intent to manufacture methamphetamine or phencyclidine. If the commission or attempted commission of a violation of this statute occurs in a structure or conveyance where any child younger than 16 years of age is present, the alleged offender commits a first-degree felony punishable by a minimum of five years in prison. If the commission of the alleged violation causes any child younger than 16 years of age to suffer great bodily harm, the alleged offender must be sentenced to a minimum of 10 years in prison.
People who own property used for manufacturing methamphetamine can also face felony criminal charges under Florida Statute § 893.1351. Ownership, lease, rental, or possession for trafficking in or manufacturing a controlled substance crimes are established under this statute as follows:
- A person who owns, leases, or rents any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, trailer, or conveyance will be used for the purpose of trafficking in methamphetamine or for the manufacture of methamphetamine intended for sale or distribution to another commits a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000;
- A person who is knowingly in actual or constructive possession of any place, structure, or part thereof, trailer, or other conveyance with the knowledge that the place, structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking in methamphetamine or for the manufacture of methamphetamine intended for sale or distribution to another commits a second-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000; and
- A person who is in actual or constructive possession of a place, structure, trailer, or conveyance with the knowledge that the place, structure, trailer, or conveyance is being used to manufacture methamphetamine intended for sale or distribution to another and who knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance commits a first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000.
Florida Manufacturing Methamphetamine Resources
Methamphetamine | United States Department of Justice (DOJ) — The National Drug Intelligence Center (NDIC) was a component of the DOJ until 2012 when many of its functions were transferred over to the Drug Enforcement Administration (DEA). View a July 2003 report to learn more about the availability, production, and distribution of methamphetamine in Florida. The report states that while much of the data regarding methamphetamine abuse indicators in Florida is heavily focused on Miami or southern Florida, the drug “is a predominantly rural phenomenon, heavily concentrated in central and northern Florida.”
Scarborough v. State, 1D13-0327 (Fla. 1st DCA 2014) — Tom Scarborough was adjudicated guilty of five offenses related to producing and trafficking in methamphetamine. The First District Court of Appeal reversed Scarborough’s conviction for unlawful possession of acetone for the purpose of manufacturing methamphetamine after determining the evidence was insufficient to support the conviction. The Court of Appeal noted that the only evidence regarding the alleged possession of acetone was the testimony of a law enforcement officer that “there was a container in the kitchen that it was used in,” but such testimony established only that a container was present and the state did not prove what—if anything—was in the container.
If you think that you could be under investigation or you were already arrested anywhere in South Florida for allegedly manufacturing methamphetamine, it is in your best interest to exercise your right to remain silent until you have legal representation. The Hoffman Firm aggressively defends residents and visitors in Doral, Miami Beach, Key Biscayne, Hialeah, Opa-locka, North Miami, and many surrounding areas of Miami-Dade County.
As a former state prosecutor, Evan A. Hoffman is an experienced criminal defense attorney in Miami who understands the types of errors or oversights that can make it difficult for the state to prove an alleged offender’s guilt beyond a reasonable doubt. He can review your case and help you understand all of your legal options when you call (305) 249-0090 or complete an online contact form to schedule a free, confidential consultation.