When a person takes part in any aspect of the process of making an illicit drug, this is referred to as drug manufacturing. Mixing chemicals in preparation for making LSD, “cooking” or synthesizing methamphetamine, and growing marijuana plants are all examples of manufacturing activity. It’s enough to offer to help with the drug manufacturing process to qualify as drug manufacturing.
Anyone who knows or has a reasonable cause to know that chemicals, chemical combinations, components, or materials will be used to manufacture illegal narcotics is likewise prohibited from supplying them. Producing methamphetamine, or meth, for example, necessitates the use of specific chemical components. If the supplier knew or should have known the person would use the chemicals to produce methamphetamine, he or she might be prosecuted with drug manufacturing.
Plants that generate prohibited substances are likewise subject to manufacturing laws. Cultivation usually refers to the act of producing marijuana plants, hallucinogenic mushrooms, or other plants used in the drug-making process.
Is Possession Enough?
Even if you never create any illicit substances, you might be convicted of a drug production felony. You can be held guilty of manufacturing if you simply have the chemical components, manufacturing equipment, or other items needed to make unlawful substances.
Drug manufacturing offenses can result in lengthy jail sentences and heavy fines, depending on whether the offense is committed on a state or federal level. Drug manufacturing is often a felony offense, though it can be punished as a misdemeanor in specific cases, such as when a person is found in possession of components necessary to create prescription medications rather than illegal drugs.
Prison. Convictions for drug manufacture can result in lengthy jail sentences. The minimum term for felony drug manufacturing convictions is one year in jail, although sentences can be as long as ten years or more. Misdemeanor drug production charges can carry a sentence of up to a year in prison.
Fines. Drug production fines might be rather high. Fines for misdemeanors can be as high as $2,000, and felony fines can be as high as $50,000 or more.
A court may impose a probation term in addition to or instead of fines and jail for someone convicted of drug manufacture. Probation durations are normally for at least one year, although they might be for several years. Probationers must obey a probation officer’s orders and adhere to specified probation conditions, such as avoiding committing additional offences, paying all costs and fines, and submitting to random drug tests.
Restitution. You may be required to pay restitution in addition to any fines imposed by the court in some states. In drug manufacturing cases, restitution refers to the amount of money you must pay to offset the costs of any damage caused by the drug manufacturing activity, as well as the costs of law enforcement cleaning up a drug lab.
Sentences for particular amounts and categories of drugs have been increased.
Charges of drug production apply to anyone who makes or attempts to make a controlled substance. If the amount of pharmaceuticals manufactured exceeds the level specified by state law, those who create them may face harsher penalties. If a person is found with more than 9 grams of methamphetamine, for example, a state may impose a heavier penalty. If a person generated less than 9 grams, the consequences would be less harsh. The degree of difference between less severe and more severe fines varies by state.
Circumstances That Make Things Worse
If you’re convicted of manufacturing drugs under certain circumstances, you could risk a harsher sentence. If you’re making narcotics around children, for example, you could be charged with a more serious offense than if no children were present. The larger the potential penalty, the more serious the crime.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.