With a drug manufacturing charge, the defendant is expected to pay for any damage to a property used in the production of controlled substances . This includes the cleanup of a drug lab such as in the cases of producing meth and synthetic drugs.
How do you beat manufacturing charges?
With an experienced defense attorney, it's possible to overcome a charge for manufacturing and delivery. To defeat the manufacturing element, a common strategy is to argue that the items in your possession were not intended to make a controlled substance .
What class felony is manufacturing?
If the drug was a narcotic (e.g., heroin, cocaine, methadone) or a methamphetamine (e.g., molly, ecstasy, meth), it's considered a class B felony. Manufacturing of all other drugs is considered a class C felony .
What is a Class B felony?
A Class B felony is a classification reserved for very serious crimes , although these crimes are not as serious as Class A felonies. Class B felonies typically include crimes against a person or possession of illegal items, such as: First degree reckless homicide. Manslaughter. Aggravated sexual assault.
What is manufacture and delivery of a controlled substance?
Manufacture or Delivery of Marijuana or a Controlled Substance. Texas law prohibits the manufacture or delivery of marijuana or a controlled substance in any amount within the state. The penalties for the manufacture or delivery of drugs, in any amount, are much more severe than mere possession.
How many years can you get for manufacturing?
A violation of California Health and Safety Code 11379.6, California's law against manufacturing a controlled substance, is a felony. According to the statute, you can be sentenced to either three, five, or seven years in prison if convicted.
What is intent to manufacture?
Intent to manufacture is typically proven through possession of other circumstantial evidence , such as drug manufacturing equipment, a home drug lab, or a stockpile of precursor chemicals. ... Similarly, a man who is found in possession of marijuana may be subject only to a charge of drug possession.
Is drug possession a felony?
In many cases, drug possession is a felony . However, in some instances, it is charged as a misdemeanor. If the offense is a felony, there are varying degrees it can be charged, which affect the penalties you could face.
Can a Class B felony be reduced?
Felony reduction refers to the process of turning what was a felony conviction into a misdemeanor conviction. This legal process can be applied to most lower level or Class C felonies and some Class B felonies under Oregon law.
How much jail time is a Class B felony?
In a given state, for example, the penalty for a class B felony may be up to 60 years in prison ; however, repeat offenders can face increased terms of up to two years if they have a prior felony conviction. Thus, having a class B felony on your record will increase the consequences in the event of future convictions.
What is a Class 2 felony?
A class 2 felony usually is the second most serious type of felony , behind a class 1. The first class is reserved for violent crimes, such as murder. Class 2 felonies still can be violent, such as aggravated assault with a deadly weapon or manslaughter while intoxicated.
What does intent to deliver mean?
The police will often find drugs on a person but won't see them in the act of selling the drugs. You can still be charged with a crime called possession with intent to deliver (sell) those drugs. ... Possession with intent to deliver is the term meaning a person is accused of having drugs and planned to sell the drugs .
What is the minimum punishment for manufacturing or delivering of controlled substances in Texas?
Manufacturing 200 to 400 grams is a felony punishable by a minimum of ten years and up to 99 years or life . Manufacturing more than 400 grams is a felony punishable by a minimum of fifteen years and up to 99 years or life.
What do manufacturers produce?
A manufacturer is a person or company that produces finished goods from raw materials by using various tools, equipment, and processes, and then sells the goods to consumers.
Is it legal to make your own medicine?
To be allowed to create medicine, you need a (state) license as a pharmacist and FDA approval of your drug to be allowed to make your drug, so no, you can't make it at home, you need an FDA approved process in a laboratory or plant. You might also need a license from the current patentholder.
What is manufacturing with intent to deliver?
Updated June 7, 2021 Health and Safety Code 11379.6 HS is the California statute that makes it a crime for a person to manufacture a controlled substance . This section applies to narcotics such as ecstasy, heroin, cocaine, and opiates. A violation is a felony punishable by 3, 5 or 7 years in jail or prison.
