Thursday, September 23, 2010

Drug Manufacturing Charges and Penalties

Drug manufacturing in Florida has become a primary focus for police efforts. Drug development, distribution, and sale are considered particularly problematic because of their suspected link to other criminal activity. Of all of the states, Florida is considered to have one of the highest levels of drug activity because of its long coastline that makes it an attractive destination for smuggling from overseas. Over the past few decades, Florida's drug laws have become more and more strict to attempt to reduce drug activity and drug related crimes in the state.

What is Drug Manufacturing?

Any activity involved in making a drug, from the raw chemicals or plant to the final production, is considered manufacturing. This includes cocaine manufacturing, meth labs, marijuana grow houses, and more. Just possessing the raw chemicals used to make a drug could result in a drug manufacturing arrest. Police typically discover manufacturing operations through tips or by investigating a suspicious looking building and its energy use. When police target a suspected facility, the typically confiscate any materials that are relevant to drug charges, including chemicals, plants, manufacturing equipment, weapons, and produced drugs. Any of these materials could be used as evidence in a manufacturing charge.

The New Law for Grow Houses

Recently Florida has targeted marijuana growing specifically with a new law entitled the Marijuana Grow House Eradication Act. This law puts tighter restrictions on what is considered a grow house. Prior to the new law, a grower must possess 300 plants or more to be charged with manufacturing. For fewer plants, the grower would be charged with a less severe drug possession charge. Under the new law however, an individual can be arrested for drug manufacturing for possessing just 25 plants.

Drug manufacturing is punishable as a second-degree felony under Florida law. If a child lives in the dwelling that is operating as a grow house, the charge is elevated to a first-degree felony. The law also specifies that it is now a third-degree felony in Florida to own a house used for growing and distributing marijuana.

Possible Penalties

Penalties for drug manufacturing in Florida vary widely. Drug manufacturing is typically prosecuted more aggressively than drug possession, because an individual possessing a drug isn't necessarily involved in the drug industry except as a user. A drug manufacturer, however, makes money off of making and selling an illegal substance that can reach many people. The severity of the punishment will vary depending on the type of drug, volume of the drug produced, and how involved the individual was in manufacturing. Typically in Florida, a drug manufacturing offense results in a minimum 3 year prison sentence and heavy fines.

For More Information

To learn more about drug manufacturing charges and penalties in Florida, please visit the website of experienced West Palm Beach criminal attorneys Eric N. Klein & Associates, P.A. today.




Joseph Devine

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