Damico & Stockstill, Attorneys at Law

How to know whether you're guilty of drug manufacturing

Manufacture of illicit drugs is a felony which may lead to heavy fines and severe jail time. Both state and federal law contain a provision dealing with the issue of drug manufacturing. Those selling specialized equipment or merely providing assistance may also be guilty of the offense.

In order for there to be a conviction for the manufacture of drugs, two essential elements have to be proven. First, it must be shown that the defendant was in possession of the drug. Second, it must be shown that the defendant had an intent to manufacture the drug. Let us suppose that a police officer found possession of marijuana in the car of a person. The possession of that marijuana is not enough to support a conviction. However, if the police officer also found equipment which may be used to manufacture marijuana, then there may be a conviction for drug manufacturing. One legitimate defense is the possession of a permit or license, authorizing a person the right to possess certain items or equipment which may be used to produce an illegal drug. Pharmacists can avail this defense.

The recreational use of marijuana is legal in some states. Some states even allow for the cultivation of marijuana; however, the amount allowed to be cultivated varies. Under federal law, marijuana production is sentenced and charged in the same manner as any other schedule 1 drug. Jail time for cultivation may range from 5 years to a life sentence. Furthermore, one may not be exempt from federal enforcement even if marijuana use has been legalized in the respective state.

A drug manufacturing conviction is a tricky issue as there are a few exceptions which may be applicable. Therefore, it is recommended to consult a criminal defense attorney near you, so that you can obtain professional advice regarding your rights.

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Damico & Stockstill, Attorneys at Law

8048 One Calais Avenue | Suite A | Baton Rouge, LA 70809-3483 | Phone: 225-250-1812 | Fax: 225-769-0195 | Baton Rouge Criminal Law Office