One of the most serious of all drug crimes is the manufacturing or cultivation of drugs. That’s because these crimes involve actually creating drugs to sell on the market, many of which are not only dangerous to use, but also to produce due to the toxic and often potentially explosive substances required. In fact, these charges are always filed as felonies, which is why anyone accused of these crimes should always contact a top Vista drug manufacturing lawyer as soon as possible.
What is Drug Manufacturing?
When someone makes any type of controlled substance, they are considered to be involved in drug manufacturing. While one of the best known forms of drug manufacturing involves using a laboratory to create crystal meth, this crime can also involve the synthesizing of heroin, ecstasy, PCP, crack, LSD and even some forms of marijuana concentrates such as wax when toxic chemicals such as butane were used in the production. You can be accused of manufacturing if you have been involved in any part of the process, including sourcing and collecting ingredients, actually producing the product or packaging it.
Cultivation is similar to manufacturing, only it involves growing an illegal drug, which may include opium poppies and mushrooms. Growing large amounts of marijuana without is also considered cultivation, but this is a lesser crime since marijuana was legalized in 2018.
Penalties for Manufacturing in CA
Manufacturing is one of the most serious drug crimes in California as it not only adds drugs to the streets but also often involves dangerous and volatile chemicals that present a threat to the health and safety of the public. In addition, this crime also often brings violence to areas where it occurs because it is frequently controlled by dangerous drug cartels and gangs.
These criminal charges can result in a potential prison sentence of up to 7 years and a maximum fine of up to $50,000. While there is no diversion program for manufacturing charges that can keep these charges off of your record (like there is for drug possession charges), you may be sentenced to probation instead of prison.
When manufacturing or culturing involves marijuana concentrates or plants, the charges will generally be misdemeanors since this drug is legal under state law. But it is important to remember that you can still be charged at a federal level and that if any toxic chemicals were used in the production of concentrates, you can still face felony charges even in California. It’s worth mentioning that the courts take marijuana butane wax labs seriously because of the risky potential of the lab exploding.
In many cases, those charged with this crime will also face related charges for the distribution, trafficking, transportation and sale of drugs. Offenders are also likely to face gang crime enhancements if they were producing controlled substances in allegiance with any type of organized crime syndicate. If children live in the residence where drugs are produced, felony child endangerment will also be charged to any manufacturing charge.
When put together, these charges can often result in decades long prison sentences, which is why it is so important to call a top criminal defense attorney in order to protect your rights under the law.
Defenses to this Crime
You can fight against these charges and win, but you have to work with a top defense lawyer as soon as possible. Remember that what you say can not only be used as evidence against you, but also weaken some defenses you may otherwise be able to use. Common defenses include insufficient evidence, illegal search and seizure, circumstantial evidence and police entrapment.
It is common for suspects to be caught with chemicals often used in the manufacturing of a substance such as methamphetamine, but no other evidence indicating that they intended to intended to make drugs. When this happens the prosecution may be unable to prove that the suspect was going to make a controlled substance, but if any of these ingredients is illegal to own without a valid license, you could be charged for being in possession of these substances. For example, you could be charged for being in possession of a large quantity of pseudoephedrine, which is used to make meth.
In some cases, if the charges can’t be fully fought or dropped, your lawyer may instead negotiate a plea bargain that will result in your being charged with a lesser crime such as possession, which may even leave you eligible to participate in a diversion program so you will end up with a clean criminal record.
If you have been charged with drug manufacturing, it is critical you contact an a attorney as soon as possible. For more information, please call (760) 643-4050 to schedule a free consultation to discuss your case with Peter M. Liss at his North County office.
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