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Drug Cultivation and Manufacturing

Cultivating or manufacturing illegal drugs is prohibited under federal and state laws. Unauthorized manufacture of methamphetamine or fentanyl violates criminal law. It can lead to severe addiction and spikes in overdose deaths. A person commits these crimes if they become involved in any part of the illicit drug production process. Those who sell certain precursor chemicals or specialized equipment to help produce drugs may also face criminal charges.

In general, the production of illegal drugs is a felony offense. Conviction of drug manufacturing charges can lead to steep fines and prison time. Prison sentences and fines may increase when such conduct occurs near schools and homes. In some situations, the government may seek to prosecute large-scale drug trafficking operations. They may bring broader racketeering or RICO charges in such cases.

The cultivation and production of marijuana in certain states may not bring the same consequences. In most states, marijuana use is legal for medical purposes. State efforts to decriminalize or legalize marijuana cannot change federal law, but the federal government limits its efforts at the enforcement of marijuana crimes in such states.

This article focuses on the criminal charge of illicit drug cultivation and drug manufacturing.

Drug Cultivation and Manufacturing: Federal Law

To convict someone of cultivating or manufacturing an illicit drug, prosecutors must prove the elements of the crime. This includes both a knowing intent and evidence of the illegal production of the drug at issue. Federal law in this matter appears at 21 U.S.C. Section 841. This statute covers the production of illegal drugs as well as drug trafficking and possession with intent to distribute. 

It prohibits knowing and unlawful manufacturing, distributing, or dispensing of a controlled substance. It also makes it illegal to possess a controlled substance with intent to do any of those things.

In many criminal cases, the tools and materials used to create drugs aren't illegal themselves. For example, pseudoephedrine was once a popular cold medication, but drug offenders also used it to make methamphetamine

In 2005, Congress passed restrictions and regulations directed at pseudoephedrine. The goal was to curb domestic production of methamphetamine. If police were to find a box of pseudoephedrine in someone's car today, that may not be enough to prosecute a manufacturing offense. If the officer also found laboratory equipment used to cook meth, it could establish probable cause for an arrest.

Likewise, the possession of marijuana seeds alone may not demonstrate an intent to cultivate, but what if officers also find indoor grow lamps and hydroponic equipment? In a state where all marijuana possession remains illegal, it may trigger an arrest.

Drug crimes against manufacturing illegal drugs can also apply to illegal production of prescription drugs. The Drug Enforcement Administration (DEA) has authority to investigate such crimes. It seeks to prevent illegal production and distribution of powerful drugs like fentanyl and oxycodone.

A permit or authorization to possess certain items otherwise used to make illegal drugs may be a defense in some cases. For example, pharmacists have access to a wide array of substances also used to manufacture illicit drugs. Certain chemical and industrial suppliers also have legitimate reasons to have these materials.

Under federal law, manufacturing illegal drugs can bring serious felony charges. Penalties for these drug crimes may vary based on the type of drug and the amount. Federal drug offenses that involve manufacturing or trafficking often carry mandatory minimum prison sentences. 

For example, illegal manufacture of one or more grams of LSD, five or more grams of meth, or 40 or more grams of a fentanyl mixture will result in prison time of five to 40 years. A prior criminal record or the presence of children can increase the sentence. If someone is harmed or dies, courts can consider a life sentence.

Drug Cultivation or Manufacturing: State Laws

Many state laws mirror federal law in this area, but states may have different elements of such crimes as well as different penalties. To be certain of the laws in your jurisdiction, you'll want to talk to a criminal defense lawyer in your area.

For example, California prohibits any unauthorized individual from engaging in many actions involved with illegal drug production. The State bans any of the following activities that use chemical extraction or chemical synthesis to lead to the creation of a controlled substance:

  • Manufacturing
  • Compounding
  • Converting
  • Producing
  • Deriving
  • Processing
  • Preparing

Punishment for illegal manufacturing of drugs starts with a sentence of three, five, or seven years in state prison and/or a fine of up to $50,000. If someone suffers serious harm or dies during these acts, then the law provides for one additional year in prison. Prosecutors can also pursue as an enhancement or aggravating sentencing factor any of the following:

  • The presence of a child under 16 years of age in a residential structure where methamphetamine production occurs
  • Whether a methamphetamine production violation occurs within 200 feet of an occupied structure at a time another person is present
  • Whether an offender used a volatile solvent to extract cannabis within 300 feet of an occupied structure

In California, state law permits the use of marijuana for medicinal or personal use by adults. The State Department of Cannabis Control regulates marijuana production and distribution. Violation of state limits on adult possession may result in a misdemeanor offense.

Marijuana Cultivation Charges: State vs. Federal Laws

In most circumstances, state and federal penalties are harsh for drug offenses that involve the illegal manufacture or production of controlled substances. In light of ongoing changes to the legal status of marijuana, production of cannabis remains a source of conflict between state and federal law.

The federal government treats marijuana cultivation as similar to the manufacture of other Schedule I drugs. Under federal law, producing up to 50 kilograms of marijuana can result in up to five years in prison. If someone cultivates 1,000 or more marijuana plants, this could lead to a life sentence.

Individuals residing in states that permit medical use or recreational use of marijuana aren't exempt from federal law. Still, state legalization of marijuana has led to a hands-off policy. Federal prosecutors do not focus on federal law violations triggered by personal or medical use.

A majority of states provide for legal use of marijuana for medical purposes. As of 2023, 24 states have legalized adult recreational use of marijuana. State laws may vary on how many plants an adult may own for medical marijuana use and for personal use.

Drug Cultivation and Drug Manufacturing: Related Resources

The following articles may provide further insight into drug crimes and penalties. It is not uncommon that law enforcement will charge an offender with possession, trafficking, and manufacturing crimes in one incident or series of incidents.

Have More Questions on Drug Cultivation and Manufacturing? An Attorney Can Help

Drug manufacturing and drug cultivation are illegal under federal and state laws, but there are some exceptions as noted above. Even in states that allow the cultivation of marijuana (cannabis), you can face charges for violating limits or regulations.

If you have more questions about the laws in your area, you should seek legal advice. Whether you face criminal charges or not, legal representation can provide peace of mind. An experienced criminal defense attorney can help you understand the law and your rights.

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