Manufacturing Controlled Substances
According to Florida Statute 893.13, it is a felony offense to sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Defendants typically face long prison sentences and thousands of dollars in fines if convicted.
Whether you were arrested in West Palm Beach for manufacturing a controlled substance or believe you may be part of an investigation for a drug crime, now is the time to seek professional legal counsel. Criminal Defense Attorney Brian Gabriel will handle your case using all the knowledge and skill developed over the span of his 30 plus year career.
What Is a Controlled Substance?
A controlled substance is any drug that has been designated by the government as having a high potential for abuse or dependence, and therefore requires special licensing and dispensing procedures to ensure proper use of the drug. Common examples include:
- Opioids, such as codeine or morphine
- Stimulants, like methamphetamine
- Hallucinogens, like LSD
- Depressants like benzodiazepines
The manufacturing of controlled substances is regulated by both the federal government and state laws. The Controlled Substances Act, which was passed in 1970, regulates all aspects of the manufacturing, trafficking, and distribution of certain drugs in the United States.
The Drug Enforcement Administration (DEA) also classifies each controlled substance into one of five categories:
Schedule I drugs have a high potential for abuse and no medical value. They also include chemicals that may lead to physical or psychological dependence when used. Examples of Schedule I drugs include heroin, LSD, ecstasy, peyote, and marijuana.
Schedule II drugs have a high potential for abuse and may lead to severe psychological or physical dependence. Examples include cocaine, methamphetamines, and morphine.
Schedule III drugs have a lower potential for abuse than Schedule I or II drugs but may still lead to physical or psychological dependence. Examples include anabolic steroids, Vicodin, and codeine.
Schedule IV drugs have a lower potential for abuse than Schedule III drugs but may still lead to physical or psychological dependence. Examples include Valium, Xanax, and Ritalin.
Schedule V drugs have the lowest potential for abuse compared to other controlled substances in this class. Examples include cough syrup with codeine, some antihistamines, and muscle relaxants.
Possible Penalties You Could Face for Manufacturing a Controlled Substance in Florida
Drug crimes in Florida are typically punished harshly, even when the amount in question is small.
While there is no minimum quantity for an alleged drug manufacturing offense, certain thresholds are prosecuted as more severe trafficking crimes. Regular drug manufacturing is a third-degree felony that can result in up to 5 years in prison and a fine of up to $5,000.
Penalties can escalate to the next level if the alleged drug manufacturing offense occurs within certain parameters. A third-degree felony manufacturing charge can become a second-degree manufacturing charge, and a second-degree manufacturing charge can rise to a first-degree felony for which you could face a 30-year prison sentence if the crime is committed within 1000 feet of a/an:
- Childcare facility
- Public or private elementary, middle, or high school
- State, county, or municipal park
- Community center for the provision of recreational, social, or educational services
- Publicly owned recreational facility
- Public or private institution of higher learning, such as a college or university
- Place of worship
- Convenience store or place of business open between 11 pm and 5am
- Public housing facility
- Assisted living facility
Other factors that can increase your sentence include:
- Whether it is an industrial facility or a home operation
- Whether you manufactured for profit or personal use
- How much money you made from selling the drugs
Hiring a Florida drug manufacturing attorney is the first step toward protecting yourself from the serious consequences of a drug charge. An experienced Florida drug manufacturing lawyer will have the needed knowledge to properly understand there day-to-day workings on the judicial system, what evidence prosecutors have against you, and how best to fight back against those allegations.
Fight a Charge for Manufacturing Controlled Substances in Florida with a Skilled Attorney
If you were arrested or are under investigation for manufacturing a controlled substance in Florida, Florida drug manufacturing Attorney Brian Gabriel can help you understand what charges are being brought against you, the defenses that might apply in your case, and how they might affect its outcome. Mr. Gabriel understands what goes into building strong cases with solid evidence, and if necessary, how to negotiate a fair deal on your behalf.
Start with a free consultation today by calling Florida drug manufacturing Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.