Illegal Drug Manufacturing Charges

Drug Manufacturing Charge Defense Lawyers

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:

• Statements made by the accused who possessed the substance on their person, vehicle, home, or property;
• Prior convictions of the accused for crimes related to the sale, trafficking, or manufacture of controlled substances;
• Instructions, recipes, production notes, pictures and diagrams, or descriptive materials related to the use of the substance in the production of a controlled substance;
• How the substance is displayed or offered for sale;
• The location of the arrest and quantity of the substance in relation to the legitimate uses and demand in the local community; and
• Expert testimony concerning the substance’s use.

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:

• Provides valuable assistance to law enforcement officers;
• Did not use or possess a deadly weapon;
• Was not the head of the criminal operation;
• Did not cause serious bodily injury or death; or
• Has no felony convictions on their criminal record.
  

Growing Marijuana

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.

Georgia's Schedules of Controlled Substances

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.

Drug Manufacturing Criminal Punishments - Georgia

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.

The Penalties for Manufacturing a Schedule I or a Schedule II Narcotic

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.

The Penalties for Manufacturing a Schedule II Controlled Substance (That is Not a Narcotic)

Manufacturing a Schedule II Controlled Substance that is not a narcotic drug will be charged with a felony and will be penalized as follows:

• Under two grams or two milliliters of a liquid substance is punished with between one to three years in prison. 
• Two grams to four grams or two milliliters to four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least two grams but less than four grams, is penalized with between one to eight years in prison.
• Four grams to 28 grams of a solid, controlled substance or four to 28 milliliters of a liquid controlled substance is punished with one to fifteen years in prison.

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 Penalties for Manufacturing a Schedule III, IV, or V Controlled Substance 

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.