Expert Legal Representation for Drug Manfacturing Charges
According to the Official Code Of Georgia (O.C.G.A.) § 16-13-30, it is a felony offense to manufacture marijuana, illegal narcotics, and controlled substances in the state of Georgia. In order to be arrested for drug manufacturing charges, possession and intent must first be established by the prosecution.
Drug possession in any quantity is simple enough to understand but per Georgia Code, possession of any substance, such as precursor chemicals, intended to be used in the manufacture of a schedule I or II controlled substance is also illegal. To determine if the intent of the substance was for use in the manufacture of illegal drugs, the prosecution will evaluate all statements regarding the activity of the arrest and prior evidence and surveillance which would constitute logically relevant factors involved in the drug production process. The prosecution would then evaluate the following to construct their argument intending to prove intent to manufacture controlled substances by the accused:
In Georgia, the severity of the punishments for defendants convicted of illegal drug manufacturing depends mostly on the type of manufactured drug and the amount manufactured. For example, if the defendant were found guilty of manufacturing 1,000 lbs. of marijuana, they would receive a minimum prison sentence of five years and a fine of up to $100,000. By contrast, a defendant convicted of manufacturing only 200 grams of methamphetamine would receive a minimum prison sentence of 25 years and a fine of up to $1 million.
The sentences for drug manufacturing also depend on who was implicated in the manufacture of illegal drugs or controlled substances. For example, the punishments are more severe if a minor is involved in the crime, the type of drug and the amount of the drug manufactured.
Georgia’s drug sentencing laws are some of the harshest in the nation. In the state of Georgia, the prosecution generally requires evidence that the defendant had an intent to distribute the drugs to bring a charge of illegal drug manufacturing. It is also possible for an individual to be charged with drug manufacturing for lawfully purchasing a common substance if there is evidence of the defendant’s intent to use those products as precursor chemicals to manufacture an illicit drug.
In some cases, a court may have the ability to deviate from the mandatory minimum sentences, when a defendant:
Also, keep in mind that there are numerous bills and petitions at the state legislature pushing for the legalization of marijuana for certain necessities and based on specific criteria. If passed these bills will likely have a large impact on the state and local drug related arrests and prosecutions because of changes in code that will have to be amended to account for these newly accepted liberties.
If the sale and possession of marijuana was to be legalized, then the legalization of marijuana production and manufacture will likely be shortly after. As we have seen in other states who have legalized marijuana production and sale there will likely be many hoops to jump through in order to be a licensed manufacturer of marijuana. It will not be as simple as throwing on some overalls and changing your Linkedin profile to say “Weed Farmer”, there will be strict regulation and likely business process and manufacturing facility inspections conducted by the state.
Legalization of marijuana and it’s manufacture in Georgia would still put licensed manufacturers in the crosshairs of the Federal Government and Federal Law Enforcement such as the Drug Enforcement Agency (DEA). While legalizing marijuana at the state level would offer protections from state controlled law enforcement agencies, it would not afford protections from federal prosecution.
According to Georgia § 16-13-24, “Establishment of Schedules of Controlled Substances,” there are five established schedules (classes) of controlled substances. These drug schedules were established by Georgia’s State Board of Pharmacy and are updated on an annual basis. The drug schedules categorize each legal and illegal drug by its medicinal value, addictive properties, and potential for abuse.
Schedule I drugs have the highest potential for drug abuse and do not currently have an accepted medical use in medical treatment in the United States. Moreover, Schedule I drugs do not have any accepted safety protocols for the use of the drug while under medical supervision. Examples of Schedule I drugs and substances include crack cocaine, lysergic acid diethylamide (LSD), heroin, marijuana (cannabis), methaqualone, peyote, and Ecstasy or also known as Molly (3,4-methylenedioxymethamphetamine).
Schedule II substances and drugs have a high probability of misuse or abuse. These drugs have a currently accepted medical use in the United States with severe restrictions. Abusing these drugs can lead to severe physical and psychological dependence. A few examples of Schedule II drugs include methadone (Dolophine®), meperidine (Demerol®), hydromorphone (Dilaudid®), Percocet®), fentanyl (Sublimaze®, Duragesic®), oxycodone (OxyContin®), codeine, morphine, opium, and hydrocodone.
Schedule III drugs and substances have some potential for drug abuse, but misuse is substantially less than Schedule I and II drugs. Schedule III drugs have accepted medical uses in the United States, and abuse of Schedule III drugs could lead to low to moderate physical dependence and high psychological dependence. A few examples of Schedule III drugs and substances include Anabolic steroids, Tylenol with codeine, Ketamine, Vicodin, and Suboxone.
Schedule IV drugs or other substances have a low potential for drug abuse relative to Schedule III drugs. Schedule IV drugs and substances have currently accepted medicinal value and use in treatment in the United States. Abuse of Schedule IV drugs may lead to limited psychological dependence or physical dependence when compared to Schedule III drugs. Some examples of Schedule IV drugs and substances are alprazolam (Xanax®), clonazepam (Klonopin®), carisoprodol (Soma®), diazepam (Valium®), clorazepate (Tranxene®), lorazepam (Ativan®), and triazolam (Halcion®).
Schedule V drugs have the lowest potential for misuse, and these drugs and substances have a currently accepted medical use in the United States. Abusing Schedule V drugs could lead to limited physical dependence or psychological dependence.
If an individual is convicted of manufacturing one of the drugs or substances identified in the Georgia Controlled Substances Act, including marijuana, they will receive a substantial fine, a prison sentence, or both. All drug manufacturing offenses are felony criminal charges and are accompanied by a felony manufacturing drug charge sentence.
A defendant convicted of manufacturing a Schedule I or Schedule II narcotic will be sentenced to serve 1 to 3 years in prison if the weight of the drugs, including mixing agent, is less than 1 milliliter of a liquid substance or 1 gram of a solid substance.
If the total weight of the drugs, including any compound, is between one and four grams of solid substance, or between one milliliter and four milliliters of a liquid substance, the defendant may be sentenced to 1 to 8 years.
If the aggregate weight of the drugs manufactured is between four to 28 grams or the liquid substance is between four to 28 milliliters, the defendant could receive a prison sentence of 1 to 15 years.
A second offense is punished with a prison sentence of between 10 years and 40 years or life imprisonment.
Manufacturing a Schedule II Controlled Substance that is not a narcotic drug will be charged with a felony and will be penalized as follows:
A third or subsequent conviction of Schedule I or II controlled substance is punished with a prison sentence that does not exceed twice the sentence that applies to the particular crime.
The punishment for manufacturing Schedule III, IV, or V drugs, still a felony, is punished with 1 year to 3 years. A third or subsequent conviction is penalized with 1 to 5 years. Even though the punishment is less severe and you may not be spending the next 10 years in jail, you will still have a felony conviction on your record that is related to drug crimes. That fact alone can end many benefits from the state and government and harm most future employment possibilities.
Jumpstart your case with our easy-to-use legal templates. Designed for convenience and accuracy, they provide a solid foundation for your legal needs, saving you time while ensuring compliance with local laws.
A sworn statement of facts for legal purposes, formatted for accuracy.
Clear, professional templates for personal or official invites.
If you, a friend, or a member of your family is facing drug charges in Georgia then time is of the essence, call to speak with our experienced Atlanta Drug Manufacturing Defense Attorneys immediately! Our firm fights hard for your innocence and to be granted a dismissal. Don’t spend your next 30 years in prison for a crime that you didn’t do. Our attorneys know how to use Georgia drug manufacturing laws to argue down drug charges in Cobb County to reduce our clients’ criminal charges while we fight for a dismissal of all charges.
