If You Make It, the Feds Will Come: Florida’s Drug Manufacturing Laws
Drug possession charges are extremely serious in the state of Florida, with penalties ranging from one year to life in prison. Most drug possession charges—meaning the individual was merely holding the substance and had nothing to do with its manufacturing or distribution—are considered third degree felonies in the state of Florida, although possession of less than twenty grams of marijuana is only considered a first degree misdemeanor. While Florida does not have specific statutes regarding the manufacturing or cultivation of drugs, drug manufacturing is specifically mentioned in three different sections of Florida’s criminal code: § 893.13, § 893.135 and § 893.149.
Florida’s Statutes Regarding Drug Possession and Manufacturing
Florida Statute § 893.13 specifically states that no person shall sell, manufacture, deliver, or possess, or possess with intent to sell or deliver, a controlled substance.
According to Florida Statute § 893.135, if the controlled substance that is being sold, manufactured, delivered, or possessed is greater than a certain amount, the defendant may be charged with drug trafficking.
Furthermore, according to Florida Statute § 893.149, it is unlawful for any person to knowingly possess certain chemicals with the intent to manufacture a controlled substance, or to possess or distribute the same chemicals knowing that they are going to be used to manufacture a controlled substance.
If you have been charged with manufacturing a large amount of drugs in the state of Florida, that means you have been subsequently charged with possession and quite possibly possession of unlawful chemicals with the intent to manufacture. That is two to three separate felony charges for which you can be convicted, which can add up to a lot of years in prison and several hundred thousand dollars in fines to pay off.
If you have been accused of drug manufacturing in Florida, consult with an Orlando drug crimes attorney to learn more about what options you have for a defense, and how you can either get the charges lowered or dropped completely.
Possible Defenses to Charges of Drug Manufacturing
There are a number of possible defenses to drug manufacturing charges in Florida, some of which may get you off the hook completely, and others of which can help to reduce the charges, and therefore, reduce your sentence. At The Baez Law Firm, some strategies we might employ include the following:
- Thoroughly investigate the arrest;
- Scrutinize the investigation and police procedure for flaws (i.e. determine whether or not the drugs and/or evidence of a drug manufacturing operation were obtained in a legal way);
- Confirm that the alleged drugs were actually involved; and
- Identify weaknesses in the prosecution.
Furthermore, in order to prove manufacturing, the prosecution must prove that:
- You possessed the controlled substance in question; and
- You intended to manufacture the controlled substance.
It is important to understand that drug possession does not automatically equal drug manufacturing, so unless the prosecution has legally obtained hard evidence of a drug manufacturing operations, the courts may be forced to dismiss those charges.
Contact an Orlando Drug Crimes Lawyer
At The Baez Law Firm, our criminal defense attorneys have a thorough understanding of Florida drug laws, as well as the state’s laws on obtaining and securing evidence. Our knowledge combined with our expert litigating skills can help to reduce the charges against you, and quite possibly get them dropped. If you have been charged with drug manufacturing in Florida, do not wait another minute, and contact our Miami drug crimes defense law firm at 800-588-BAEZ today.