Drug Manufacturing
The term manufacture is defined under Florida Statute § 893.02(15)(a) as meaning “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.” The term does not include the preparation, compounding, packaging, or labeling of a controlled substance by a practitioner or pharmacist as an incident to his or her administering or delivering of a controlled substance in the course of his or her professional practice, or a practitioner, or by his or her authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not for sale.
When an unauthorized individual manufactures a controlled substance, it is a felony offense in Florida. Unlike simple possession offenses, prosecutors usually seek very stiff punishments for the people accused of these types of crimes, including lengthy prison sentences and large fines.
Lawyer for Drug Manufacturing Arrests in Brooksville, FL
If you were arrested or you believe that you could be under investigation for an alleged drug manufacturing offense in Central Florida, it is in your best interest to exercise your right to remain silent until you have legal representation. The Law Office of Ashley Aulls, P.A. aggressively defends clients accused of drug crimes in New Port Richey, Inverness, Spring Hill, Wildwood, Brooksville, Weeki Wachee, and many surrounding areas of Hernando County.
Brooksville criminal defense attorney Ashley Aulls can fight to possibly get your criminal charges reduced or dismissed. He can provide an honest and thorough evaluation of your case as soon as you call (352) 593-4115 to take advantage of a initial consultation.
Florida Drug Manufacturing Information Center
- How long can a person be sentenced to prison if convicted of manufacturing a controlled substance?
- Can property owners be criminally liable for drug manufacturing offenses?
- Where can I learn more about drug manufacturing in Brooksville?
Hernando County Drug Manufacturing Penalties
Florida Statute § 893.13 makes it illegal to manufacture a controlled substance, but the classification of these a drug manufacturing offense depends on the type of illegal drug involved, the amount that the alleged offender is accused of manufacturing, and the location of the alleged offense. It is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000 if an alleged offender manufactures 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), including up to 14 grams of amphetamines or up to 1 gram of lysergic acid diethylamide (LSD).
Drug manufacturing becomes 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 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. Examples of illegal drugs that constitute second-degree felony offenses 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).
Drug manufacturing charges can be enhanced to the next highest level (a third-degree felony becomes a second-degree felony, a second-degree felony offense becomes first-degree felony) if the alleged offense is committed in, on, or within 1,000 feet of the real property comprising any of the following protected areas:
- 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.
If the amount of an illegal drug exceeds any of the aforementioned amounts, drug manufacturing becomes a first-degree felony drug trafficking crime. Sentences in such cases depend on the specific amounts 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 |
Drug Manufacturing Penalties for Property Owners in Brooksville
Under Florida Statute § 893.1351, certain property owners can also face drug manufacturing charges. The statute establishes the following criminal offenses:
- If an alleged offender 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, it is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000;
- If an alleged offender 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, it is a second-degree felony punishable by up to 15 years in prison and/or a fine of up to $10,000; and
- If an alleged offender 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, it is a first-degree felony punishable by up to 30 years in prison and/or a fine of up to $10,000.
Florida Drug Manufacturing Resources
River Coast Area of Narcotics Anonymous (NA) — NA identifies itself as “a global, community-based organization with a multi-lingual and multicultural membership” with more than 63,000 meetings weekly in 132 countries. The River Coast Area of NA consists of Hernando County and parts of Sumter County in Florida, and you can find the times and locations meetings in these areas on this website. You can also find additional material related to NA, including its “In Times of Illness” booklet and the results of a membership survey.
Florida Comprehensive Drug Abuse Prevention and Control Act — View the full text of state drug laws in Florida under Chapter 893 of the Florida Statutes. Many manufacturing offenses are established under Florida Statute § 893.13, but you can also find manufacturing offenses classified as trafficking crimes under Florida Statute § 893.135. You can also find specific legal definitions relating to manufacturing.
The Law Office of Ashley Aulls, P.A. | Brooksville Drug Manufacturing Defense Attorney
Do you think that you might be under investigation or were you already arrested in Central Florida for allegedly manufacturing a controlled substance? You should not say anything to authorities without legal counsel. Contact The Law Office of Ashley Aulls, P.A. as soon as possible.
Ashley Aulls is an experienced criminal defense lawyer in Brooksville who represents individuals in communities all over Hernando County, Citrus County, Sumter County, and Pasco County. Call (352) 593-4115 or complete an online contact form to have our attorney review your case and discuss all of your legal options during a confidential consultation.