PC §602(E)(1) - MANUFACTURING OF A CONTROLLED SUBSTANCE (SCHEDULE I > SCHEDULE II)
CLASS E FELONY
(a) Definition
Manufacturing of a high level controlled substance is the act of knowingly and intentionally producing, synthesizing, cultivating, processing, or preparing a controlled substance through chemical, biological, or mechanical means, with the intent to sell, distribute, or use the substance unlawfully.
Types of Low Level Controlled Substances
Controlled substances may include, but are not limited to, the following categories:
Narcotic drugs: Opiates, opioids, and synthetic opioids such as heroin, morphine, oxycodone, hydrocodone, and fentanyl.
Depressants: Benzodiazepines, barbiturates, and sedatives such as diazepam, alprazolam, and zolpidem.
Stimulants: Amphetamines, methamphetamines, and cocaine.
Hallucinogens: LSD, psilocybin mushrooms, MDMA (ecstasy), and PCP.
Non Prescription medications: Controlled substances available only with a invalid prescription, such as painkillers, tranquilizers, and stimulants.
(b) Elements of the Offense
The following elements must be met to constitute manufacturing of a controlled substance:
The defendant knowingly and intentionally produced, synthesized, cultivated, processed, or prepared a controlled substance.
The production, synthesis, cultivation, processing, or preparation involved chemical, biological, or mechanical means.
The defendant acted willfully and knowingly with the intent to sell, distribute, or use the controlled substance unlawfully.
(c) Defenses
(a) It shall be a defense to a charge of manufacturing of a controlled substance if the defendant can prove that they did not knowingly or intentionally produce, synthesize, cultivate, process, or prepare the controlled substance, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.
(b) Lack of evidence of the manufacturing operation, lack of intent to profit from the sale or distribution of the controlled substance, or coercion or duress at the time of manufacturing may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as manufacturing large quantities of controlled substances, involvement in organized crime or drug trafficking operations, use of hazardous chemicals or equipment in manufacturing, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
240 SECONDS OF JAIL TIME.
BOND SET
$200,000.00
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