Manufacturing Illegal Drugs
What Does Manufacturing Illegal Drugs Mean?
California law prohibits manufacturing, compounding, converting, producing, deriving, processing, preparing, or offering to engage in any of these acts of any controlled substance. Some of the common manufactured controlled substances include:
- Methamphetamines (Meth)
In order to violate this law, you do not have to complete the manufacturing process. Once you knowingly participate in the initial or intermediate steps that are involved in the manufacturing of a drug, then you have violated this law.
Penalties for Manufacturing Illegal Drugs
Manufacturing illegal drugs is a felony and the punishments include:
- Up to three, five, or seven years in a state prison, and
- A maximum fine of $50,000
A judge could impose probation and up to one year of jail time instead of state prison time.
If you are convicted of offering to manufacture illegal drugs then you face either:
- Probation and up to one year of jail time, or
- Three, four, or five years in jail.
There are a number of factors that could increase the sentence time such as:
- Manufacturing Large Quantities of Certain Drugs
Manufacturing or conspiring to manufacture a substance that contains PCP, methamphetamines, and/or GHB then you face a longer sentence if the volumes exceeds the following:
- Three years if the substance exceeds three gallons of liquid or one pound of solid.
- Five years if the substance exceeds twenty-five gallons of liquid or ten pounds of solid.
- Fifteen years if the substance exceeds 105 gallons of liquid or fourty-four pounds of solid.
Conviction of manufacturing methamphetamines or PCP and causing great bodily injury or death of another person other than a fellow conspirator, results in an additional one year sentence for each death or injury.
- Manufacturing Illegal Drugs in the Presence of a Child
Manufacturing methamphetamines in a place where a child under sixteen resides will likely make your sentence one of the lengthier ones. This also applies if you are manufacturing methamphetamines within 200 feet of an occupied residence or any other structure.
- Having Prior Drug Related Convictions
If you have prior drug related convictions then you face an additional three years for every prior conviction.
Legal Defenses for Manufacturing Illegal Drugs
An experienced criminal defense lawyer can help you with legal defenses for manufacturing illegal drugs. Some of the common legal defenses used are:
1. Your Act Were Only Preparatory
- Illegal Search and Seizure – If the police arrest you in violation of California’s search and seizure laws, then your charges should be dismissed. This applies if the police have entered the property where you were manufacturing illegal drugs without a valid California search warrant, without probable cause, or search an area that is beyond what the warrant covers. Any evidence that is illegally attained has to be excluded from your case.
- Wrong Place, Wrong Time – Sometimes a place is searched and you happen to be there at the time but are not involved in the manufacturing of the drug. You may have used the substance, but that is a less serious charge than manufacturing.
- Mistaken Identity/False Arrest – A mistaken identity or false arrest can happen because of a false accusation of jealous person or a mistaken eyewitness identification.
- – Even if you had every intention of manufacturing an illegal drug, but have only prepared to do so, you have not committed a crime. For example, if a man is caught with almost every ingredient needed to create methamphetamine, but the key ingredient of ephedrine is not present, then he cannot be convicted.
It’s important to hire an experienced criminal defense lawyer to help you fight against your charges.
Any questions? Contact us.