Experienced Lawyers for Federal Drug Manufacturing Charges
Under federal law, drug trafficking and drug manufacturing are among the most aggressively prosecuted crimes. If convicted, sentences range from several years to live in federal prison.
Federal and state laws make it illegal to manufacture controlled substances such as methamphetamine, lysergic acid diethylamide (LSD), marijuana, and cocaine. While some activities clearly constitute “manufacturing” such as cooking methamphetamine in a home lab individuals are often surprised to find themselves facing manufacturing charges for activities (in some cases, simply possessing certain materials) that are far removed from the drug production process.
At the Oberheiden, P.C., we provide vigorous criminal defense for individuals facing drug manufacturing charges throughout the country. We have helped numerous clients avoid conviction and obtain lesser sentences by arguing both the substantive (i.e. what they were doing was not illegal manufacturing) and procedural (i.e. they were arrested without probable cause). Regardless of the facts at hand, it is important not to simply assume that you will be found guilty at trial. Our attorneys may be able to find numerous grounds to dispute your charges and challenge your arrest.
Drug Manufacturing Explained
The United States war on drugs focuses on shutting down the sources of illegal controlled substances. As a result, manufacturing is one of the most aggressively prosecuted drug crimes under federal law. In order to combat illegal growing, cooking, and processing operations, the government casts a wide net when it comes to prosecuting individuals for involvement in the drug manufacturing process.
Defending Against Drug Manufacturing Charges
However, the key for the government’s prosecution will be proving that you actually intended to manufacture illegal drugs. Possessing lab equipment and certain household chemicals alone is not a crime. It is the intent behind your possession that will determine if you are engaged in criminal activity. The same holds true for trafficking and the lesser charge of possession with intent to distribute.
As a result, if you have a permit or are otherwise authorized to possess items that can be used to make controlled substances, you may have a strong defense that you were not involved in a criminal enterprise. For example, if you work in a scientific lab or pharmacy, or if you live in a state that allows the cultivation of small amounts of marijuana for personal use, this can be a strong defense against charges of illegal drug manufacturing.
Penalties for Drug Manufacturing
You may face state and federal charges for drug manufacturing if you are arrested for:
- Selling equipment or chemicals knowing that they are going to be used to manufacture drugs
- Possessing equipment or chemicals that can be used to manufacture drugs
- Participating in any part of the production or cultivation process for a controlled substance
Methamphetamine production involves the use of over-the-counter medications, household chemicals, and fairly basic “cooking” methods to create a stimulating and highly-addictive crystalline powder. Due to the rapid growth of methamphetamine production in the United States, the sale of its main ingredients pseudoephedrine and ephedrine is now tightly monitored and controlled. Many individuals find themselves facing drug manufacturing charges based upon possession of these substances alone.
Marijuana cultivation is another form of drug manufacturing. Possession of indoor grows lights, hydroponic supplies, certain fertilizers, and other products can lead to charges for drug manufacturing. Even if the police or federal agents do not find any plants, you can still be charged with manufacturing under federal law.
LSD is a powerful hallucinogen that can be made using lysergic acid, ergotamine, and a variety of other chemicals and compounds. Synthesizing LSD generally requires a thorough understanding of chemistry, as well as access to the necessary laboratory equipment and supplies. If you are arrested for selling or possessing the chemicals or materials necessary to make LSD, you are likely to face serious charges for drug manufacturing.
While most of the cocaine in the United States comes from South America, individuals who process cocaine for domestic distribution (for example, turning it into the crack) may still be charged with illegal manufacturing. Like all cocaine crimes, manufacturing charges are extremely serious and can lead to substantial fines and significant prison time up to, and including, life behind bars.
Contact Oberheiden, P.C. to Discuss Your Case
The attorneys at Oberheiden, P.C., provide experienced representation for individuals facing federal drug crimes nationwide. If you have been arrested or are under investigation for illegal drug manufacturing, we can help you protect your freedom and enforce your legal rights. To learn more, call (888) 727-0472 or request a free case evaluation today.
Dr. Nick Oberheiden is a national litigation and trial criminal defense attorney who practices exclusively in the area of federal law.