According to state and federal laws, manufacturing a controlled substance is unlawful. Manufacturing is growing or cultivating a controlled substance. To cultivate means to:

  • Process
  • Grow
  • Naturally produce
  • Produce
  • Propagate
  • Prepare
  • Convert

For instance, if a person uses cannabis seeds and marijuana plants to produce marijuana, an illegal controlled substance in many states, they can be charged with manufacturing marijuana.

What Is a Controlled Substance?

A controlled substance is a drug. Drugs are classified as “controlled” because its distribution and use is governed by law. Any time drugs are manufactured and distributed without government approval, it is unlawful.

Drugs are defined by different levels, or schedules. The federal government typically defines which drug is classified in which schedule. Majority of states have adopted the federal schedules. The highest level includes drugs that are most addictive. The lowest level includes the least addictive drugs.

What If I Did Not Actually Manufacture the Controlled Substance?    

It does not matter. Manufacturing the drug can be done directly or indirectly. It can also be done using chemical synthesis. This is referred to as making a drug without any natural substance. Manufacturing is unlawful if it is done with a combination of using natural and chemical synthesis.

What If I Only Packaged Drugs?

Many states include packaging, relabeling, labeling and repackaging the controlled substance as part of manufacturing a controlled substance. Thus, packaging drugs and all that it entails is illegal under laws that prohibit manufacturing.

What Are the Penalties for Drug Manufacturing?

Each state has its own penalties for manufacturing a controlled substance. In Pennsylvania, a drug manufacturing conviction is up to 15 years in prison and $25,000 fine for a Schedule I or II drug. The same conviction in Georgia carries a sentence of two to 15 years in prison. The federal government also has its own penalties.

Should I Contact an Attorney about Unlawful Manufacturing of a Controlled Substance?

You have a right to defend yourself against any drug manufacturing charges. Speak to a criminal attorney about possible defenses you can use to fight the drug charge.