Federal laws against drug manufacturing make it a federal offense to manufacture, distribute or dispense, or possess with the intent to manufacture, distribute or dispense, a controlled substance, and no matter how small your suspected role in an alleged drug manufacturing operation, you could end up facing drug manufacturing charges in federal court. However, just because you have been accused of manufacturing an illegal drug or controlled substance does not mean the federal government can prove its case and convict you of the crime. Just like in any criminal case, the prosecution in a drug manufacturing case must establish the alleged criminal offense beyond a reasonable doubt in order to get a guilty verdict, and our lawyers at Federal Criminal Defense Pro can help you mount a compelling defense in your case no matter what drug-related criminal charges you are facing. Contact our federal criminal defense lawyers as soon as possible to discuss your criminal case and find out what we can do for you.
Affordable Federal Drug Manufacturing Attorneys
The United States government is aggressive in its investigation and prosecution of federal crimes and roughly 40% of all federal prosecutions in this country are for drug-related offenses like drug manufacturing, drug trafficking, drug distribution and possession with intent to distribute. At Federal Criminal Defense Pro, our defense attorneys have extensive experience representing individuals in California and across the country charged with drug manufacturing and other federal offenses, and we are focused on providing the highest quality legal representation to those accused of federal drug crimes. Our legal team has the insight and knowledge necessary to carefully analyze every detail of your drug manufacturing case and challenge the evidence put forth by the federal government, and we will put our expertise to work for you.
Federal drug crimes are among the most difficult crimes to defend and the last thing you want to do when facing drug manufacturing charges is put your future in the hands of a lawyer who lacks the necessary experience in federal court. Our lawyers at Federal Criminal Defense Pro understand how important it is to present a strong, well-prepared defense in federal drug cases, and when you hire our legal team, you will be represented by a seasoned, aggressive defense attorney whose knowledge of federal drug laws and the federal criminal court process is unparalleled. Attorney Daniel R. Perlman has the added experience of being a former prosecutor, which makes him an infinitely valuable resource in any criminal defense case, particularly those involving the most heavily prosecuted federal drug crimes.
What is Drug Manufacturing?
There are strict laws in the United States that prohibit the unauthorized manufacture of any drug or controlled substance, such as marijuana, heroin, ecstasy, methamphetamine, cocaine, LSD, oxycodone and other narcotics. Drug manufacturing charges typically arise in situations where a person is growing marijuana plants or making methamphetamine, but these charges can apply to any case where a controlled substance is being created, produced or manufactured. Even if you weren’t involved in the manufacturing process directly, but you are accused of supplying materials to another person who then used the materials to make methamphetamine or another drug, you can face drug manufacturing charges in federal court. In some cases, you can be charged with the crime of drug manufacturing without ever actually making any illegal drugs or illicit substances. If you are in possession of the equipment, chemical components or other devices or substances used to manufacture illegal drugs, or if you are accused of cultivating plants that produce controlled substances, you can be charged with and tried for drug manufacturing.
What Makes Drug Manufacturing a Federal Crime?
Drug manufacturing is the unlawful act of cultivating, growing or producing illegal drugs or controlled substances to be used and/or sold without authorization, and while many drug crimes are prosecuted at the state level, drug manufacturing charges can be filed in federal court in certain cases. Federal laws against illegal drug manufacturing are covered by 21 U.S.C. § 841, which makes it a crime to “knowingly or intentionally – (1) manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.”
Even in California, where the recreational use and possession of marijuana is legal and where the cultivation of up to six marijuana plants is also legal, individuals can still face federal charges for the cultivation of marijuana, which is classified as a Schedule I drug under the federal Controlled Substances Act. Per the Supremacy Clause of Article IV of the U.S. Constitution, the Controlled Substances Act has priority over state marijuana laws in California, which means if you cultivate any amount of marijuana in California, you are in violation of federal law. You could also face federal charges if you manufacture an illicit substance or grow marijuana on federal property (a violation of 21 U.S.C. § 841(b)(5)), such as a national park, or if you cause environmental damage from illegal drug manufacturing (a violation of 21 U.S.C. § 841(b)(6)).
Criminal Penalties for Drug Manufacturing
Federal drug laws establish the different schedules of controlled substances, such as marijuana, heroin, and cocaine, as well as the penalties for the possession, manufacture and distribution of these controlled substances. You can be charged with illegal drug manufacturing for participating in any part of the process involved in creating a controlled substance or illegal drug, and whether you have been accused of cooking methamphetamine, growing marijuana plants or making LSD, the consequences of a conviction in federal court are severe. The specific penalties levied against a defendant convicted of drug manufacturing depend a great deal on the type and quantity of the controlled substance he or she manufactured. The following are some of the criminal penalties associated with the most frequently prosecuted drug manufacturing offenses:
- Cultivation of less than 50 marijuana plants – Up to five years in prison
- Cultivation of 100 or more marijuana plants – Five to 40 years in prison
- Cultivation of 1,000 or more marijuana plants – 10 years to life in prison
- Manufacture of 5 grams or more of methamphetamine or 50 grams or more of a substance containing methamphetamine – Five to 40 years in prison
- Manufacture of 50 grams or more of methamphetamine or 500 grams or more of a substance containing methamphetamine – 10 years to life in prison
- Manufacture of any controlled substance in Schedule I or II – up to 20 years in prison
- Manufacture of any controlled substance in Schedule III – up to 10 years in prison
- Manufacture of any controlled substance in Schedule IV – up to five years in prison
- Manufacture of any controlled substance in Schedule V – up to one year in prison
There are certain aggravating factors that can result in enhanced penalties in drug manufacturing cases. For instance, if you are accused of manufacturing drugs in or near a school or college (a violation of 21 U.S.C. § 860) or manufacturing drugs with children present (a violation of 21 U.S.C. § 860(a)), you could face increased criminal penalties upon conviction. In many cases, individuals accused of drug manufacturing face additional criminal charges, such as possession, drug trafficking, drug distribution or even RICO charges, if the drug manufacturing occurs as part of a larger criminal operation or enterprise.
Defending Against Drug Manufacturing Charges
The United States has waged an aggressive “war on drugs” and the federal government has a number of statutes at its disposal to charge and prosecute drug-related offenses such as drug manufacturing. Still, the defendant in any criminal case is presumed innocent until proven guilty and the burden of proof in drug manufacturing cases is “beyond a reasonable doubt,” which is the highest standard of evidence in any court in the United States. That means the prosecution must prove its case to the extent that no other reasonable explanation can be derived from the facts except that the defendant committed the crime in question. In order to be convicted of manufacturing or intending to manufacture illicit drugs under 21 U.S.C. § 841, the prosecution must prove that you are guilty of each of the following elements of the criminal offense:
- You manufactured, distributed or dispensed, or possessed with the intent to manufacture, distribute or dispense, a controlled substance; or
- You created, distributed or dispensed, or possessed with the intent to distribute or dispense, a counterfeit substance; and
- You did one or more of these things knowingly or intentionally.
Possible Defense Strategies for Drug Manufacturing Cases
Prosecuting drug-related offenses is a top priority for the federal government and often, when dealing with drug possession and other less serious drug crimes, the government will make multiple arrests in an attempt to move up the chain until they can prosecute the drug manufacturers or those in charge of distributing or importing the drugs. If you have been arrested for and charged with drug manufacturing in California, your attorney may be able to use one or more of the following defense strategies to help you beat the charges:
- You were the victim of entrapment
- You committed the crime under duress
- You had no knowledge of the drug manufacturing activities
- You believed that the substance in question could be manufactured lawfully
- You have been falsely accused
- You are the victim of mistaken identity
- The prosecution’s evidence against you was obtained during an illegal search
- The prosecution has insufficient evidence to prove the crime beyond a reasonable doubt
How Our Attorneys Can Help
Federal drug laws can be confusing and complicated, especially as they pertain to contradictory state laws, and when you are facing criminal charges for the cultivation of marijuana or the manufacture of illegal drugs in California, the prosecution’s evidence against you may seem insurmountable. However, no drug manufacturing case is hopeless and with the right defense attorney on your side, you can pinpoint the weaknesses in the prosecution’s case and use them to your advantage. For instance, federal authorities sometimes overstep the boundaries of the law when investigating drug manufacturing or grow operations in California, and if your attorney can show that overzealous FBI or DEA agents violated your constitutional rights by entering your property without a search warrant or probable cause, you could get your charges dismissed or obtain an acquittal at trial. Whatever the circumstances of your drug manufacturing charges, retaining a reputable federal criminal defense lawyer and raising a compelling defense at trial is critical to the success of your case.
Our attorneys understand the devastation drug-related offenses can bring to defendants and their loved ones and it is our main objective at Federal Criminal Defense Pro to protect your rights and help you obtain a favorable outcome in your case. When you retain our firm, we will deal with the police and federal authorities on your behalf, thoroughly analyze the facts of your case, negotiate with the prosecution, file all appropriate motions to challenge the evidence against you, advise you of the potential defenses available to you under the law, and aggressively represent you at trial. Our criminal defense lawyers have effectively represented clients in drug-related cases in California and throughout the United States, and we have experience dealing with federal prosecutors and judges. We understand all of the federal drug laws that can possibly apply to your case and we will pursue all possible avenues to get your criminal charges dismissed or minimize the penalties you could face.
Consult Our Federal Drug Manufacturing Attorneys
Federal drug-related offenses like drug manufacturing can lead to long prison sentences, hefty fines, and other harsh penalties, and a conviction for drug manufacturing in federal court can have additional collateral consequences, including possibly affecting your ability to obtain employment. Drug manufacturing charges are more serious than drug possession charges and allegations of illegal drug manufacturing are often brought in conjunction with other severe drug-related charges, like drug distribution and drug trafficking. If you have been arrested by federal agents on charges of drug manufacturing, or if you have reason to believe you are the target of a federal drug manufacturing investigation, your freedom and your future could be at stake. Contact our knowledgeable criminal defense attorneys at Federal Criminal Defense Pro today to discuss the most effective strategies for defending against federal drug manufacturing charges.