In Florida, it is illegal for an individual to possess, sell, or manufacture a controlled substance such as methamphetamine or marijuana. Possession is the most common type of drug crime and refers to the ownership of a drug in an amount that is sufficient for personal use. While the possession of a drug does not in itself constitute manufacturing, a prosecutor may only need to prove that intent to manufacture existed in order to secure a conviction.
Drug manufacturing refers to the creation, or intent to create, a quantity of a controlled substance greater than what is considered to be for personal use. Simply owning the tools or chemicals necessary to create a controlled substance may be enough to constitute intent. If a person has prepared soil for plant growth and also possesses cannabis plant seeds, a prosecutor can and most likely will argue that this would be indicative of intent to manufacture.
Drug manufacturing charges can also extend to Individuals who facilitate the means for production to occur. For example, a property owner who knowingly leases a building for the purposes of creating a controlled substance may be charged for drug manufacturing.
All drug manufacturing crimes are felonies and carry penalties that vary depending on the amount of a substance produced, where it was manufactured, and the type of drug. Marijuana cultivation, for example, can result in a jail sentence of up to five years and up to $5,000 in fines. Penalties can also increase if the alleged crime took place within the immediate vicinity of a school or park.
Individuals who have been accused of drug manufacturing will likely also be charged with related crimes such as possession or possession with intent to sell. If the quantity of a controlled substance is especially large, such as more than 28 grams of cocaine, individuals may incur a drug trafficking charge. The amount of a controlled substance necessary to quality for a trafficking charge is different for each substance as well.
Powerful Lawyer in Jacksonville
If you have been charged with drug manufacturing or a similar drug crime, it is imperative you call a lawyer immediately. At the Law Offices of Jason K.S. Porter, P.A., our attorneys have a combined 90 years of legal experience and know how to defend your rights.
Call us today for a free one-hour consultation. **Consultation fees may apply to family law consultations.