If you get accused of drug manufacturing, you need to know what you face. The state accuses you of involvement in the process of creating an illegal drug. You can face charges of drug manufacturing if you get involved with any step in the drug production process. This includes creating the drug by mixing chemicals, growing marijuana plants, or cooking methamphetamine. It also includes cultivating the drug, preparing it for sale, etc. Those actually involved in selling the drug can also be arrested for drug manufacturing. Drug manufacturing is considered a crime under both state and federal law. Also, in most cases, it constitutes a felony charge.
Drug Manufacturing Elements
In order to be charged with drug manufacturing, the police have to prove two basic elements. The first element states that you have possession of a drug or ingredients commonly used to make drugs. The second element states that you have the intent to manufacture this drug. In many cases, being charged with drug manufacturing will depend on the amount of a drug that they find on you. Likewise, if the police find ingredients used to make a drug and laboratory equipment commonly used to make the drug in your home, they can assume that you intend to manufacture a drug.
Another example is finding marijuana seeds on your person or property. These seeds alone are not evidence of drug manufacturing, but if the police also find gardening equipment and grow lamps, the police can assume that you intend to grow and manufacture the drug. In these scenarios and similar ones, you can get charged with drug manufacturing.
One common defense used for those charged with drug manufacturing is that the defendant has authorization or a permit to possess certain materials. These materials might otherwise be illegal, but the defendant may have special permission to use them. For example, many pharmacists have access to drugs and chemicals that the average person does not. Similarly, those who work for companies that make industrial supplies and chemicals might have authorization to use material that is otherwise illegal. As always, you should consult with a criminal defense lawyer who has worked with drug manufacturing cases before you determine the most appropriate defense for your situation.
If convicted of drug manufacturing, you face the following consequences:
- Fines. Depending on the charge, you face a fine ranging from $2,000-$50,000.
- Prison time. For a felony drug manufacturing conviction, you can face at least one year and as much as 10 years in prison.
- Probation. Again, the probation time will range. It could last for one year, but probation periods for drug manufacturers generally last for multiple years.
- Restitution. If any damages happened due to your drug manufacturing activity, for example, if you stole chemicals from a company in order to create a drug, you will have to pay restitution to the appropriate party.
It is important to note the distinction between drug manufacturing and the typical drug charges that are prosecuted by lower level courts. Simple possession is typically handled on the state level, depending on the volume and type of drug in question. But if you are found to be the manufacturer of a particularly dangerous drug, or if it can be proven that you have been closely involved with the sale and spread of that drug, your case could be tried in federal court. Oftentimes, these drug charges, go hand in hand with gang charges. Gang charges will aggravate a regular charge and make the penalties more severe. This is because the government is trying to discourage gang involvement and organized crime.