{"id":352053,"date":"2023-11-27T18:50:43","date_gmt":"2023-11-27T23:50:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/drug-manufacturing-and-cultivation.html"},"modified":"2023-11-27T18:50:43","modified_gmt":"2023-11-27T23:50:43","slug":"drug-manufacturing-and-cultivation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/drug-manufacturing-and-cultivation.html","title":{"rendered":"Drug Cultivation and Manufacturing"},"content":{"rendered":"\n
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Drug Cultivation and Manufacturing <\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Kit Yona, M.A.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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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. <\/p>\n\n <\/div>\n\n

A person commits these crimes if they become involved in any part of the illicit drug production process. Those who sell certain precursor chemicals<\/a> or specialized equipment to help produce drugs may also face criminal charges.<\/p>\r\n

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<\/a> in such cases.<\/p>\r\n

The cultivation and production of marijuana in certain states<\/a> 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.<\/p>\r\n

This article focuses on the criminal charge of illicit drug cultivation and drug manufacturing. If you are under suspicion or arrest for these charges, get legal advice immediately. Find a drug defense attorney<\/a> near you. <\/p>\r\n

Drug Cultivation and Manufacturing: Federal Law<\/h2>\r\n

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<\/a>. This statute covers the production of illegal drugs as well as drug trafficking and possession with intent to distribute. <\/p>\r\n

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.<\/p>\r\n

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<\/a>. <\/p>\r\n

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<\/a> for an arrest.<\/p>\r\n

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.<\/p>\r\n

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.<\/p>\r\n

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.<\/p>\r\n

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<\/a> that involve manufacturing or trafficking often carry mandatory minimum prison sentences. <\/p>\r\n

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.<\/p>\r\n

Drug Cultivation or Manufacturing: State Laws<\/h2>\r\n

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.<\/p>\r\n

For example, California<\/a> 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:<\/p>\r\n