What are the elements of a drug manufacturing charge?

Drug manufacturing charges entail two separate elements. First, the prosecutor must establish that you possessed an illegal substance. Second, she must prove you intended to manufacture that drug. Generally, manufacturing charges are also paired with intent to distribute and other drug-related crimes. This post will address some of the nuances in these charges and how they could possibly affect you.

For example, some cold medications are now regulated because certain active ingredients are used to manufacture methamphetamine. If you were pulled over by a police officer with a box of cold medicine visible in the passenger seat, you are unlikely to face drug manufacturing or intent to distribute charges. You may possess a “controlled” substance. But, there is no evidence that you intended to manufacture the cold medicine into methamphetamine.

To continue the example, what if the officer noticed cold medicine and laboratory equipment in the back seat? The cold medicine alone is insufficient to charge with a crime, but pair it with the equipment and now it is starting to appear that you intend to manufacture drugs.

If you are currently facing drug manufacturing or intent to distribute charges, then you may want to contact a defense attorney at your earliest opportunity. These charges could carry stiff penalties, including forfeiture of property, fines and prison time. A lawyer can review your case and help you determine if a trial or a plea negotiation is the best course. You don’t need to face the prosecutor alone; you can get help.