In recent years, the United States has faced a growing crisis of substance abuse and addiction that is best illustrated by the rise in deaths from drug overdoses. New York, like many other states, is suffering from the consequences of this opioid epidemic. According to research, the annual number of overdose deaths from any drug in the U.S. has multiplied nearly six times over. As such, law enforcement officials and prosecutors are aggressively pursuing those using chemical processes to create controlled substances. Drug manufacturing is one of the most serious drug crimes that a person can be accused of in New York. Please continue reading to learn the potential penalties you will face for this drug crime and how our determined Garden City, NY, Drug Crime Attorneys can guide you through the legal process to ensure the best possible outcome for your case.
What is Drug Manufacturing?
Drug manufacturing is defined as being involved in any step in the drug production process. The term “manufacturing” encompasses a wide range of activities related to producing controlled substances. This drug crime requires the defendant to know the drug or the chemicals necessary to manufacture a drug or that they had the intent to manufacture. Essentially, it requires more than just a simple drug possession. This distinction can be used to argue a lack of intent as a defense to the crime, as the intent to manufacture must be proven with substantial evidence:
- Two or more items of laboratory equipment and two or more precursors, chemical reagents, or solvents in any combination or
- One item of laboratory equipment and two or more precursors, chemical reagents, and solvents in any combination or
- A precursor mixed with a chemical reagent or solvent or with two or more chemical reagents and solvents mixed
What Are the Potential Penalties?
It’s important to note that most drug manufacturing charges involve methamphetamine, a stimulant that is classified as a Schedule II substance under the New York State Controlled Substances Act. Punishments for drug manufacturing can be significant. Durg manufacturing is generally prosecuted as a felony. Felony drug crimes are not eligible for treatment or rehabilitation in lieu of imprisonment. Therefore, it will be in the court’s discretion to decide what penalties to impose depending on the circumstances surrounding a case. You can face up to 25 years of imprisonment and a fine of up to $30,000.
If you have been charged with drug manufacturing, do not make the mistake of underestimating the stakes you are facing. Please don’t hesitate to contact the KCS Law legal team to learn how we can help you defend your rights and interests.
