Drug Manufacturing Laws

Federal and state laws impose harsh penalties on people who produce controlled substances. A defendant could face a long prison term and a heavy fine. If you are suspected of drug manufacturing or a similar offense, you should not speak with law enforcement until you have consulted an attorney. You may have a solid defense that is not immediately obvious.

What Is Drug Manufacturing?

Crimes involving drug manufacturing usually occur when someone makes a controlled substance without authorization.

Elements of Drug Manufacturing

21 U.S. Code Section 841 prohibits manufacturing a controlled substance without authorization, as well as possession with the intent to manufacture. Federal law defines “manufacturing” as producing, preparing, propagating, compounding, or processing a drug. The term also covers packaging a substance or labeling its container. In addition to proving unauthorized manufacturing, the prosecutor must show that the defendant engaged in this conduct knowingly or intentionally.

State laws provide their own descriptions of prohibited activities related to manufacturing. One of these is California Health and Safety Code Section 11379.6, which prohibits manufacturing, compounding, converting, producing, deriving, processing, or preparing any of certain specified controlled substances. Some states also have enacted laws specific to manufacturing a particular drug. For example, New York has several statutes targeting the unlawful manufacture of methamphetamine.

Example of Drug Manufacturing

To understand what this crime might look like, consider a situation in which the police enter an abandoned warehouse and find a large stash of heroin. They also find equipment and precursor chemicals associated with making this drug. The police check security cameras in the area and see that Phil has regularly gone into the warehouse. His fingerprints are found on the equipment, and a search of his laptop reveals a recipe for making heroin. A prosecutor probably could charge Phil with drug manufacturing.

On the other hand, consider a situation in which the police come to Phil’s house after a neighbor reports the smell of marijuana. They find a small amount of marijuana in his bedroom and some paraphernalia used for consuming the drug. The police uncover no other evidence related to illegal substances. Phil might face a drug possession charge in some jurisdictions, but he probably would not face a drug manufacturing charge.

Offenses Related to Drug Manufacturing

Other offenses that could be charged in situations similar to those supporting a drug manufacturing charge include:

• Drug possession: the defendant had a prohibited substance in their actual or constructive possession
• Drug trafficking: the defendant was involved in selling or otherwise distributing a prohibited substance

Sometimes a defendant might reach a deal with the prosecution in which they plead guilty to a lesser drug charge like possession in exchange for dropping a more serious charge like trafficking or manufacturing.

Defenses to Drug Manufacturing Charges

A defendant might argue that they lacked the mental state needed to sustain a drug manufacturing charge. Perhaps they did not know that they were helping to make a controlled substance. However, “willful blindness” may not defeat a charge. In other words, if the defendant had good reason to suspect that they were involved in an unlawful drug manufacturing operation, but they intentionally avoided finding out the truth, the law often will attribute knowledge to them.

Many defenses to drug crimes involve violations of constitutional rights. For example, perhaps the police seized equipment or chemical precursors in a search that violated the Fourth Amendment to the Constitution. Or perhaps they failed to issue Miranda warnings before eliciting incriminating statements from a suspect whom they had taken into custody. Constitutional violations such as these may lead to the suppression of evidence acquired as a result. This may prevent a prosecutor from proving the charge beyond a reasonable doubt.

Penalties for Drug Manufacturing

The penalties for a drug manufacturing offense may depend on both the specific controlled substance at issue and the amount involved. For example, the federal statute imposes 5-40 years of imprisonment if a violation involved:

• 100 grams to 1 kilogram of a mixture or substance containing heroin
• 500 grams to 5 kilograms of a mixture or substance containing cocaine
• 1-10 grams of a mixture or substance containing LSD
• 100-1,000 kilograms of a mixture or substance containing marijuana
• 50-500 grams of a mixture or substance containing meth

If a violation involved an amount greater than the upper end of these quantity ranges, the defendant will face 10 years to life in prison. A further sentencing enhancement applies if death or serious bodily injury resulted from the use of a substance that the defendant manufactured, or if the defendant has certain prior convictions.

States impose their own sentencing ranges and enhancement factors for drug manufacturing convictions. For example, Florida makes it a second-degree felony to manufacture various Schedule I or II substances. It is a third-degree felony to manufacture other Schedule I or II substances, as well as any Schedule III or IV substances. A second-degree felony carries up to 15 years in prison, while a third-degree felony carries up to five years in prison. Manufacturing a Schedule V substance is a first-degree misdemeanor, which carries up to one year in prison. The statute provides a sentencing enhancement for manufacturing within 1,000 feet of certain locations, such as schools, child care facilities, parks, community centers, universities, places of worship, convenience stores, and public housing facilities.

Last reviewed July 2024