The manufacture or cultivation of drugs is illegal under state and federal laws but a few states have made certain exceptions. Drug manufacture occurs when a person is involved in drug production and those who sell equipment or certain chemicals can also be charged. Production is usually a felony with lengthy prison sentences, probation and steep fines being a typical result. The article below focuses on cultivation and manufacturing of controlled substances without permission.
Elements of a Drug Manufacturing Crime
To face conviction for the manufacture or cultivation of illicit drugs, a person must have committed two elements: possession and intent. For instance, pseudoephedrine was once one of the country’s most popular medicine for a cold but now it is used in the manufacture of methamphetamine. If the substance is found on a suspect’s person or in their vehicle, they may not face charges. However, if lab equipment was found as well, probable cause could be established.
Some clients of The Law Office of Bruce S. Raphel PC have successfully claimed authorization to have certain items used in the manufacture of illicit drugs. For example, pharmacists can access many substances used in drug-making. Moreover, certain industrial supplies and chemicals used to make drugs are also used in legitimate settings, but possession requires a permit.
State vs. Federal Laws on Cultivation
While there’s little difference between federal and state drug manufacturing law, there’s a special exception for cannabis. The Federal government holds the drug in the same regard as other drugs on Schedule I, where sentencing is concerned.
Under Federal regulations, those growing fewer than fifty plants can receive prison sentences of up to five years, or a life sentence for growing over 1000 plants. People in states with medical cannabis laws or in states that have legalized recreational usage are not exempt from enforcement. However, the implementation of the law in these cases is unclear.
Washington state and Colorado have legalized recreational cannabis us but Colorado is the only state permitting certain users to grow less than six plants. States differ on the amount of medical cannabis that can be cultivated and criminal lawyers in Brockton can give state-specific legal advice.
As stated above, drug cultivation and manufacturing are prohibited under state and federal laws, with limited exceptions. If a person has questions or is facing charges, they should consult criminal lawyers in Brockton immediately.
