Florida Statute § 893.02(15)(a) defines the term manufacture 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 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.” When an alleged offender is accused of manufacturing a controlled substance in Florida, it is a felony offense.
Even when these types of crimes involve only small amounts of illegal drugs, the people accused of these offenses still face serious penalties that may include potentially being sentenced to decades in prison and ordered to pay thousands of dollars in fines. Prosecutors will often portray alleged offenders as dangers to the community who need to be locked up for as long as possible.
Lawyer for Drug Manufacturing Arrests in West Palm Beach, FL
If you were arrested or think that you might be under investigation in South Florida for allegedly manufacturing any kind of controlled substance, it is in your best interest to not say anything to authorities until you have legal representation. Meltzer & Bell, P.A. will protect your rights and fight to possibly get these criminal charges reduced or dismissed.
West Palm Beach criminal defense attorneys Lawrence Meltzer and Steven Bell represent individuals accused of all kinds of drug crimes in communities throughout Palm Beach County, Miami-Dade County, and Broward County, including Boca Raton, Boynton Beach, Delray Beach, Wellington, Jupiter, and many others. They can provide an honest and thorough evaluation of your case as soon as you call (561) 557-8686 to take advantage of a free, confidential consultation.
Palm Beach County Manufacturing Drugs Information Center
- How are drug manufacturing crimes graded?
- Can people who own the property where drugs were manufactured face criminal charges?
- Where can I learn more about manufacturing drugs in West Palm Beach?
Drug Manufacturing Penalties in Florida
Unless is the person is a pharmacist or other authorized agent, Florida Statute § 893.13 makes it illegal to manufacture a controlled substance. The classification of these types of offenses depends on the kind of illegal drug involved, the amount that the alleged offender is accused of manufacturing, and the location of the alleged offense.
State law in Florida does not establish a minimum amount for an alleged offense to constitute drug manufacturing, but amounts that exceed certain thresholds are instead prosecuted as drug trafficking crimes. It is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000 for an alleged offender to manufacture a controlled substance named or described in Florida Statute § 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4). Examples of illegal drugs that constitute third-degree felony offenses include:
- Up to 14 grams of amphetamines; or
- Up to one gram of lysergic acid diethylamide (LSD)
If an alleged offender manufactures a controlled substance named or described in Florida Statute § 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4, the offense is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000. Illegal drugs listed under these drug schedules that can lead to second-degree felony charges include:
- Up to 4 grams of flunitrazepam (Rohypnol or “roofies”);
- Up to 4 grams of an opiate, such as codeine, heroin, hydrocodone, morphine, opium, or oxycodone;
- Up to 14 grams of methamphetamine (crystal meth or simply “meth”);
- Up to 28 grams of phencyclidine (PCP or angel dust); or
- Up to 1 kilogram of gamma-hydroxybutyric acid (GHB).
The penalties for manufacturing offenses can be enhanced to the next highest level if the alleged crime occurs in certain protected areas. A third-degree felony manufacturing offense becomes a second-degree felony and a second-degree felony offense becomes first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000 if the alleged crime is committed in, on, or within 1,000 feet of the real property comprising any of the following:
- A child care facility between the hours of 6 a.m. and 12 midnight;
- A public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight;
- A state, county, or municipal park;
- A community center; or
- A publicly owned recreational facility;
- A public or private college, university, or other postsecondary educational institution;
- A physical place for worship at which a church or religious organization regularly conducts religious services;
- A public housing facility;
- An assisted living facility; or
- A convenience business.
Additionally, Florida Statute § 893.13(1)(g) establishes that it is a first-degree felony offense punishable by a minimum of five years in prison for an alleged offender to manufacture methamphetamine or phencyclidine, or possess any listed chemical as defined in Florida Statute § 893.033 with intent to manufacture methamphetamine or phencyclidine if the commission or attempted commission of the crime occurs in a structure or conveyance where any child younger than 16 years of age is present. Such crimes are punishable by a minimum of 10 years in prison if the commission of the alleged crime causes any child younger than 16 years of age to suffer great bodily harm.
Criminal Liability for Property Owners in West Palm Beach Manufacturing Drugs Cases
Florida Statute § 893.1351 makes it illegal for people to allow controlled substances to be manufactured on their property. Under this statute, if a person:
- 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 manufacture of a controlled substance intended for sale or distribution to another, the crime is a third-degree felony;
- 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 manufacture of a controlled substance intended for sale or distribution to another, the offense is a second-degree felony; and
- 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 a controlled substance intended for sale or distribution to another and knew or should have known that a minor is present or resides in the place, structure, trailer, or conveyance, the crime is a first-degree felony.
Florida Drug Manufacturing Offense Resources
Strategic Operations | Palm Beach County Sheriff’s Office — Visit this section of the sheriff’s website to learn more about the many divisions that make up the office’s Strategic Operations. You can find information about the narcotics division, special investigations division, and drug overdose prevention. You can also report suspicious narcotics activity in your neighborhood, anonymously if you so choose.
Palm Beach County Sheriff’s Office Headquarters3228 Gun Club Rd.
West Palm Beach, FL 33406
(561) 688-3000
Palm Coast Area Narcotics Anonymous (NA) — NA identifies itself as a “nonprofit fellowship or society of men and women for whom drugs had become a major problem.” It is comprised of recovering addicts who meet regularly to help each other stay clean through a program of complete abstinence from all drugs. The only requirement for membership is the desire to stop using. On this website, you can learn more about NA and find the times and location of meetings in the Palm Coast area, which includes West Palm Beach, Jupiter, Lake Worth, and many other nearby communities.
Meltzer & Bell, P.A. | West Palm Beach Manufacturing Drugs Defense Attorney
Do you believe that you could be under investigation or were you already arrested for allegedly manufacturing an illegal drug in South Florida? It is critical for you to retain legal counsel before you make any kind of statement to authorities. Contact Meltzer & Bell, P.A. as soon as possible.
Lawrence Meltzer and Steven Bell are criminal defense lawyers in West Palm Beach who aggressively defend clients in Palm Beach Gardens, Greenacres, Lake Worth, Royal Palm Beach, Riviera Beach, and many surrounding areas of Miami-Dade County, Broward County, and Palm Beach County. Call (561) 557-8686 or complete an online form to have our attorneys review your case and answer all of your legal questions during a free initial consultation.
