Caught Making Illegal Drugs at Home: How Will I Be Charged?
Under both Indiana and federal law, it is illegal to manufacture or cultivate any controlled substance, including methamphetamine or marijuana, without a proper state or federal license. The courts will impose severe penalties on individuals convicted of manufacturing such drugs, whether they manufactured the substances in their home, a lab, or elsewhere.
If you’ve been arrested for manufacturing illegal drugs, here’s what you need to know.
What does it mean to “manufacture drugs”?
Drug manufacturing occurs whenever someone participates in any step of the drug production process. You might be criminally liable for manufacturing drugs if you mixed or “cooked” chemicals to create an illegal drug, financed the manufacture of illegal drugs, or assisted in the drug manufacturing process. In the case of marijuana, cultivating plants may also be considered “manufacturing” drugs.
Note, however, that the law provides that you must have knowingly or intentionally participated in such acts to be convicted. In other words, you must have intended to or knew that you were going to create illegal controlled substances.
What is the charge for manufacturing illegal drugs?
In Indiana, the drug manufacturing charges generally fall under the statute for “dealing” drugs. The penalty for manufacturing drugs depends upon the drug’s classification and the quantity of drugs at issue.
State and federal governments have separated drug classifications into five identical schedules based on their level of addictiveness. Schedule I drugs are considered the most dangerous drugs with “no accepted medical uses.” They include LSD, heroin, ecstasy, marijuana, and mescaline. Schedule II drugs are considered slightly less dangerous than Schedule I drugs, but still prone to easy abuse. These drugs include opium, cocaine, crack, PCP, methamphetamine, amphetamine, Vicodin, Adderall, Ritalin, and OxyContin.
If you are arrested on charges of manufacturing any Schedule I or Schedule II drugs, except for marijuana, you will face a felony charge, ranging from Level 2 to 5, depending on the quantity of drugs involved.
For example, if you were arrested for manufacturing two grams of a Schedule I drug, you would face a Level 4 felony, which could result in 2 to 12 years of imprisonment and a $10,000 fine. If you were arrested for manufacturing ten or more grams of a Schedule I drug, you’d face a Level 2 felony, which carries a penalty of imprisonment for 10 to 30 years and a fine of $10,000.
As Schedule III, IV, and V drugs are considered to have more moderate risks; manufacturing may bring less severe penalties, ranging from felonies to misdemeanors, but depends on the amounts of drugs involved. Manufacturing marijuana also comes with less severe penalties, despite being a Schedule I drug. The manufacture/cultivation of marijuana generally brings Class A misdemeanor charges, punishable by up to a year in prison and up to $5,000 in fines.
Note that any charge or penalty for drug manufacturing can be leveled up if enhancing circumstances, such as manufacturing near a school, applies.
What is the charge for manufacturing methamphetamine?
Manufacturing methamphetamine has its own statute in Indiana. If you are charged with manufacturing meth, it is a Level 4 felony unless the drug quantities are greater than 5 grams (Level 3 felony) or 10 grams (Level 2 felony).
If you have been arrested for manufacturing drugs, you should retain an experienced criminal defense attorney as soon as possible. Call the qualified criminal defense lawyers of Razumich & Associates to learn how to best defend yourself and protect your rights. We are ready to fight for you. Contact us today.