Criminal Law Newsletter

MANUFACTURING CONTROLLED SUBSTANCES

A person commits a criminal offense if he or she manufactures a controlled substance without authorization, if he or she manufactures a counterfeit or a simulated substance with the intent to deliver a controlled substance, or if he or she manufactures drug paraphernalia with the intent to deliver the drug paraphernalia to a person who intends to violate the drug laws.

Manufacturing is defined as the production, preparation, or processing of any controlled substance by extracting the substance from its natural origin, by chemical processes, or by both. Manufacturing is also defined as the packaging or repackaging of a controlled substance or the labeling or relabeling of the controlled substance's container. The manufacturing of a counterfeit or a simulated substance includes the mixing, compounding, encapsulating, or tableting of the counterfeit or the simulated substance.

In order to convict a defendant of the offense of manufacturing a controlled substance, the prosecution must prove that the defendant was involved in the act of manufacturing or that the defendant had an interest in the place where the manufacturing occurred. If the defendant's premises are occupied by others, such as in the case of a lease, the prosecution must prove additional facts and circumstances that show that the defendant was connected to the manufacturing that occurred on his or her premises.

The unlawful manufacture of a controlled substance is generally classified as a felony. However, the unlawful manufacture of a counterfeit substance or the unlawful manufacture of drug paraphernalia may be classified as a misdemeanor. The punishment for the unlawful manufacture of a controlled substance generally follows the same penalties as the unlawful delivery of a controlled substance, which penalties depend upon the type and the amount of the controlled substance that is manufactured.

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