Criminal charges associated with growing marijuana or manufacturing any type of controlled substance carry the potential for severe penalties. While there is a growing sense among the population that marijuana and other drugs are not necessarily dangerous, they are still legally treated as Schedule I controlled substances. Offenses connected with these drugs are often felonies.
If you are facing narcotics charges such as possession with intent to deliver, reach out to a Delaware County drug manufacturing lawyer as soon as possible. A skilled drug lawyer could review the facts of the case and help you build a defense against the charges.
Many people in Delaware County think that manufacturing refers to a large-scale operation involving a warehouse and lots of workers. However, manufacturing can refer to many activities that may be conducted on a very small scale. Growing a few marijuana plants can get someone into serious legal trouble. Moreover, manufacturing prescription drugs can be penalized as much or more as manufacturing illegal drugs.
35 Pennsylvania Consolidated Statutes. §780-113(a)(30) prohibits the manufacture, delivery, or possession with intent to deliver, a controlled substance or authorized under the law. The statute also prohibits the use or possession of equipment used to grow marijuana or manufacture other substances. For more information, reach out to a dedicated attorney.
The penalties for drug manufacturing in Delaware County may be set by state or federal law, and often, they include minimum sentences as well as fines. Circumstances greatly affect the severity of the charges.
Prior drug convictions will usually result in a more severe sentence. The type of substance involved also makes a big difference. State and federal laws classify substances in five different categories. The substances with the greatest potential for abuse and with no accepted medical value are listed on Schedule I. At the other end of the spectrum, substances on Schedule V pose less of a risk of addiction and serve many useful purposes in the medical profession, so offenses connected with these drugs are not penalized as severely. Under 35 Pa. Stat. §780-113(f), a violation involving a Schedule II narcotic may be penalized by a sentence of up to 15 years, while the maximum sentence for manufacturing a Schedule IV substance is three years.
Additionally, the amount of the drug found in a particular situation also affects the way a crime is charged. A knowledgeable Delaware County drug manufacturing lawyer may be able to show that the quantity involved was too small to justify a manufacturing charge.
Criminal lawyers know numerous defense tactics that may be employed to fight drug manufacturing charges. There are challenges to police procedures, such as the argument that evidence was obtained by illegal search and seizure or entrapment.
It may be possible to demonstrate that the person charged lacked the intent to manufacture or did not understand what was occurring or the nature of the substance involved. In some situations, it can be proven that the person accused had the authority to manufacture substances. A Delaware County drug manufacturing lawyer could show that the drugs or paraphernalia involved belonged to another person.
It is best to collect evidence to refute allegations of drug manufacturing as soon as possible because evidence becomes harder to locate and less reliable as time passes. To learn how a drug manufacturing defense lawyer could help reach a positive outcome in your case, call today.