Methamphetamine (Meth) Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

For an overview of all drug charges, see Drug Crimes Defense.

Meth Is a Schedule II Drug

Florida lists methamphetamine in Schedule II. Whatever it is called on the street, it is charged by what the lab identifies.

Meth Charges and Penalties

Possession is a crime unless the drug was lawfully obtained from a practitioner or under a valid prescription, or is otherwise authorized by Florida's drug law.

The 1,000-Foot Zones

Selling, delivering, manufacturing, or possessing meth with intent to sell within 1,000 feet of certain places is a first-degree felony. Near a school (6 a.m. to midnight), or a park, community center, or publicly owned recreational facility (any time), it carries a minimum of 3 years. The other zones, including child care facilities, colleges, places of worship, convenience businesses, public housing, and certain treatment and recovery facilities, are first-degree felonies without that minimum.

Manufacturing Meth, and Meth Labs

Under Florida law, "manufacture" includes producing, preparing, compounding, converting, or processing a drug, and also packaging or labeling it. Manufacturing meth is a second-degree felony on its own. The penalties go up from there:

• A child under 16 is present. Making meth, or trying to, in a building or vehicle where any child younger than 16 is present is a first-degree felony with a minimum of 5 years in prison.
• A child under 16 is seriously hurt. If the manufacturing causes great bodily harm to a child younger than 16, it is a first-degree felony with a minimum of 10 years.
• The chemicals. Possessing a listed chemical with intent to make a controlled substance, or knowing, or having reasonable cause to believe, that it will be used to make one, is a second-degree felony.
• The place. Owning, renting, or leasing a place or vehicle knowing it will be used to manufacture drugs for sale is a third-degree felony. Knowingly possessing such a place is a second-degree felony. If you knew it was being used to make drugs for sale and knew or should have known a minor is present or lives there, it is a first-degree felony.
• Pseudoephedrine limits. Florida limits over-the-counter purchases of pseudoephedrine and ephedrine products: 3.6 grams in a day, three packages in one sale, and 9 grams in 30 days. Breaking those limits is a second-degree misdemeanor the first time, a first-degree misdemeanor the second time, and a third-degree felony after that. Florida requires these sales to be logged in an electronic record-keeping system approved by the Florida Department of Law Enforcement, unless the store has an FDLE exemption.

Meth Trafficking

Knowingly possessing a trafficking-weight amount can be charged as trafficking even without any sale. See Drug Trafficking Defense.

Trafficking in methamphetamine (Florida calls it "trafficking in amphetamine") starts at 14 grams of meth or any mixture containing it. It is a first-degree felony:

The same offense covers precursor chemicals, such as pseudoephedrine or ephedrine, when they are found in conjunction with other chemicals and equipment used to make meth. Knowingly manufacturing or bringing in 400 grams or more, knowing the probable result would be someone's death, is a capital felony.

In a trafficking case, the judge cannot withhold adjudication. The weight is the total weight of the mixture, and separate amounts of the same drug are added together. With a liquid or a lab in progress, how the State weighed and tested the material is often the whole case.

How Meth Cases Are Defended

• The search. A meth case can start with a traffic stop, a knock-and-talk, or a warrant. If the search was illegal, the evidence can be thrown out. See Motions to Suppress.
• Possession and knowledge. Chemicals and equipment found in a shared home, garage, or car do not prove who was using them, or for what.
• Intent to manufacture. Many listed chemicals and household items have lawful uses. The State has to prove intent.
• The lab. What was identified, how it was weighed, and whether a liquid or by-product was counted as the drug.
• The child enhancements. The State must prove the child's age, presence, and, for the 10-year minimum, the injury.

Bond and Immigration

Judges consider the street value of the drugs when setting bond, and prosecutors often ask for a Nebbia (source-of-funds) hold. See Bond & Nebbia Hearings.

For non-citizens, a meth conviction, and sometimes a plea without a conviction, can lead to deportation or denial of residency or citizenship. See Immigration Consequences.

Related Drug Charges

Drug Trafficking Fentanyl Cocaine Heroin Tusi (Pink Cocaine) Prescription Pills Marijuana & THC

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
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• Bilingual office — se habla español.
• We answer 24 hours a day.

Frequently Asked Questions

How much meth counts as trafficking in Florida?

14 grams or more of meth or a mixture containing it.

Can I be charged with trafficking without selling anything?

Yes. Knowing possession of a trafficking amount can be charged as trafficking.

I only had the chemicals, not meth. Is that a crime?

It can be. Possessing a listed chemical with intent to make a controlled substance is a second-degree felony, and some chemicals plus equipment can count toward trafficking. The State still has to prove intent.

What happens if a child was in the house?

If meth was being made where a child under 16 was present, the charge becomes a first-degree felony with a 5-year minimum, and 10 years if a child was seriously hurt.

Can the search be challenged?

Often, yes. Illegal stops, searches without valid consent, and defective warrants can lead to evidence being thrown out.

How fast can you help?

Our office answers 24 hours a day.