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What are the penalties for drug manufacturing and cultivation?

Posted on in Criminal Defense

Criminal Trial Process

When it comes to drug crimes, most people think of individual who commit crimes involving the sale and distribution of illegal narcotics. Those who are convicted of manufacturing or cultivating drugs could face harsh penalties. While many view this crime as meaning that an individual has produced a drug, it could actually encompass a broader range of activities. In fact, an individual in Wisconsin could face such a charge if they are found to be involved in any step of the process that results in the production of an illicit drug.

What are the penalties for drug manufacturing and cultivation? Those charged with drug production typically face a felony charge. Penalties for this offense include prison time, hefty fines, and probation. It should be noted that these penalties could be doubled if a defendant is convicted of manufacturing illegal drugs near a school or playground. Whether or not a defendant is convicted, merely being charged with such a crime could have negative impacts of the accused's personal and professional lives. This emphasizes the importance of asserting a timely and strong defense against the charges.

In order to be convicted of drug manufacturing, certain elements must be met. This means that the prosecution must prove the elements of both possession and the intent to manufacture. Typically, being in possession of an illegal substance alone is not enough to result in a drug production conviction. However, if equipment frequently used to manufacture the substance is found in the accused individual's possession, then prosecutors may be able to establish probable cause for a drug manufacturing charge which, in turn, could lead to a conviction.

Even if evidence suggests that a defendant may have been involved in a drug production process, it is not always enough to result in a conviction. A defendant could challenge the evidence against him or her, perhaps by claiming that he or she was subjected to an unlawful search and seizure. When faced with a drug charge, it is important to understand the elements of the crime, the evidence collected against you, and the potential consequences. This could help a defendant establish their best strategy for a strong defense.

Source: FindLaw, "Drug Manufacturing and Cultivation," accessed Aug. 27, 2017

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