Manufacturing controlled or illegal substances is a crime in the state of California. The creation and distribution of these drugs without proper screening and prescriptions can pose a serious danger to users and others. The penalties for drug manufacturing can be quite harsh. If you are facing charges related to the illegal manufacturing of drugs in California, contact a Tehama County drug crime lawyer to begin discussing your case and forming a defensive strategy.
How is Drug Manufacturing Defined?
Manufacturing of drugs can encompass a wide variety of situations. In general, if you manufactured, produced, derived, processed, converted, or prepared any controlled substance with chemical extraction or synthesis you can be found guilty of drug manufacturing. It is also illegal to offer to do the above.
Controlled substances can include any drug listed in the Controlled Substance Act, which organizes drugs into Schedules I through V. To be convicted you must have committed the above crime while knowing it was a controlled substance or offered to manufacture a controlled substance with the intention of doing so.
Will I Go to Jail?
Manufacturing a controlled substance in California is considered a felony. These charges are taken extremely seriously by state law, so the penalties are also severe. The consequences you are given will depend on the specifics of your situation, your prior criminal history, and more. With that being said, the following are generally penalties you will face when convicted of manufacturing drugs in CA.
- Prison sentence of three, five, or seven years
- Fines of up to $50,000
Certain aggravating factors may lead to a lengthier or more severe sentence. Some factors can include:
- You have been previously convicted of a drug-related crime
- Your prior conviction could include various crimes, like possession and intent to distribute a controlled substance, transporting a controlled substance, selling methamphetamine, etc. Depending on the crime this aggravating factor could add 3 years to your sentence.
- Your crime resulted in bodily harm or death of another person
- During the course of your illegal manufacturing, if anyone was injured or killed, it could add a year to your sentence per person affected. This does not apply to anyone injured or killed that was involved in the crime.
- You were manufacturing a significant amount of controlled substances
- The larger the amount of controlled substances, the harsher your sentence will be. When the substance is more than 3 liquid gallons or one pound, three years can be added to the sentence. 10 gallons or 3 pounds can result in an extra five years, 25 gallons or 10 pounds can result in an extra 10 years, and 105 gallons or 44 pounds can result in an extra 15 years.
- You were manufacturing drugs around children
- Manufacturing controlled substances with children under the age of 16 nearby can result in two additional years in prison.
The true extent of your penalties will vary, but the above aggravating factors can play a part in adding time to your sentence. Speak with an attorney to acquire representation in your drug manufacturing case.