The term drug manufacturing may conjure up images of heavy machinery in massive factories, but in the context of criminal law, manufacturing can be much less technical and complex. In fact, individuals in Middlesex County are frequently charged with drug manufacturing for simple activities conducted in their homes, or even small spaces like a storage locker.
Regardless of the size of their operation, anyone charged with drug manufacturing has legal rights. If you are facing such charges, it may be important for you to contact an accomplished drug lawyer who may know which actions to take to protect those rights, as well as what actions should be avoided that might negate them. An experienced Middlesex County drug manufacturing lawyer could help you understand the implications of your charges and your best options going forward.
What is Drug Manufacturing?
Under New Jersey Statutes §2C:35-2, drug manufacturing is defined to include many procedures that can be undertaken in connected with controlled dangerous substances, such as:
- Processing, including extraction from a natural substance or by chemical synthesis
- Production
- Preparation
- Compounding
- Growing or propagation
- Packaging or repackaging
- Labeling
Illegal drugs are generally referred to as controlled dangerous substances in the statutes. The statutory definition of these substances specifically excludes alcohol and tobacco products.
Intention to Manufacture
N.J. Stat. §2C:35-5 makes it illegal for an individual to “knowingly or purposely” manufacture or possess with intent to manufacture any controlled dangerous substance, or any similar or counterfeit controlled dangerous substance.
Under this definition, someone who raises marijuana plants or removes pills from a bottle and puts them into plastic bags could be considered to be “manufacturing” those substances. However, the definition of manufacturing does specify that preparing or compounding a substance for personal use should not be considered illegal manufacturing.
Penalties for Drug Manufacturing May Be Severe
Drug manufacturing, in contrast with personal use of a controlled substance, is considered an activity that poses a danger to society and is therefore punished quite harshly under New Jersey law as well as federal law. The penalties vary significantly based on the type and quantity of the substance involved, as well as other circumstances such as the location of the alleged manufacturing.
For example, someone convicted of manufacturing five ounces or more of heroin or cocaine is guilty of a first-degree crime and faces a fine of up to $500,000 and a term of imprisonment between ten and 20 years in length. If the quantity of the same substance involved is between half an ounce and five ounces, the charge is downgraded to the second degree, which carries a maximum prison sentence of five to ten years.
Finally, if the quantity involved is less than half an ounce, the severity of the charge is reduced to a third-degree crime with a maximum fine of $75,000 and a term of imprisonment between three and five years in length. The laws provide different penalties for different substances in varying quantities, and these laws are complex and subject to frequent change. A Middlesex County drug manufacturing lawyer could mitigate the charges that an individual may face.
Consulting a Middlesex County Drug Manufacturing Attorney
Drug manufacturing is one of the most serious crimes commonly charged in Middlesex County. Since the potential penalties are so severe, it may be important to uncover and preserve all vital evidence and make sure that evidence is presented in the proper light. It is also important to understand all facets of the applicable laws and know how the courts have ruled in similar circumstances, in order to build an optimal defensive strategy.
When you work with an experienced Middlesex County drug manufacturing lawyer, you could know that you are taking the most important steps to safeguard your rights and your future. Call now to find out how a seasoned local attorney could help you reach the best possible outcome in your case.