Drug Violations Law
Sentencing for Drug Manufacturing and Cultivation
Criminal penalties for manufacturing drugs or marijuana cultivation can include jail time, prison time, excessive fines, confiscated property, and a criminal record. Drug manufacturing charges are more severe than simple drug possession charges. You could also be charged with drug manufacturing if you have chemicals that can be used to make illegal drugs.
Drug cultivation and manufacturing is generally a felony offense in state and federal court. Penalties for drug manufacturing crimes in federal court carry significantly higher penalties than a conviction for drug manufacturing in state court. Before you plead guilty to serious federal drug crimes, understand your rights. Drug laws can be different in every state. Talk to a criminal defense lawyer in your area for legal advice after an arrest for drug manufacturing.
Drug manufacturing includes the propagation, compounding, processing, production, preparation, and packaging of controlled substances. Drug manufacturing involves synthesizing natural or synthetic materials into drugs like heroin, crack cocaine, or methamphetamines.
It is also a criminal offense to have certain listed chemicals intended for manufacturing illegal drugs. Listed chemicals are specifically designated chemicals that can be used to manufacture a controlled substance.
Drug cultivation usually refers to growing cannabis, including growing marijuana plants, processing the plants, and packaging marijuana.
Drug manufacturing and cultivation can be prosecuted under state or federal law. If drug manufacturing involves a large-scale drug operation or the drugs are transported across state lines, it may be charged under federal laws.
Under federal law, 21 USC § 841, it is a crime to manufacture a controlled substance. The federal government categorizes controlled substances based on their medical value and potential for abuse, from Schedule I to Schedule V. Schedule I substances include illegal narcotics, like LSD, ecstasy, heroin, and MDMA, commonly known as ecstasy.
When prosecuted under state law, charges for drug manufacturing and cultivation can depend on the state. Some states have decriminalized or legalized limited drug cultivation for marijuana. Many states with legal recreational and medical marijuana allow individuals to possess a certain amount of marijuana plants for personal use.
After a conviction for drug manufacturing, the defendant is sentenced for the drug offense. Many drug charges carry mandatory minimum prison sentences. Sentencing can be based on the type of drugs, the amount of drugs, and the extent of the drug manufacturing operation. Sentencing schedules for drug manufacturing offenses include a range, with increased or decreased penalties based on certain factors.
Sentencing can be reduced where the defendant had a minor role in the crime or assisted law enforcement. Aggravating factors that can increase penalties include firearm possession, misrepresenting a substance containing fentanyl, or where manufacturing methamphetamines presented a risk of harm to others.
A drug defense lawyer represents the interests of their client charged with drug manufacturing and cultivation. Your attorney can investigate your arrest and identify problems with how your case was handled to try and get the charges dropped or get a “not guilty” verdict in court. An attorney can also negotiate to reduce the charges reduced or get a lesser sentence from the judge.
Find a criminal defense attorney in your area to learn more about an attorney who specializes in drug crimes and has experience in expungement law can help.
Arrested for a Drug Crime?
Experienced criminal defense lawyers in our directory will protect your rights and defend your freedom if you are facing drug charges.