Being accused of drug manufacturing or cultivation may come as shock to you if you are innocent. Some people are charged with drug crimes without ever having seen the evidence. They may rent out property or own property that they do not routinely inspect. Others may be in the wrong place at the wrong time. Whatever your case may be, you deserve to have an experienced legal defense attorney on your side to fight potentially life-altering drug manufacturing and cultivating charges in the state of California.
Speak to an experienced Riverside drug manufacturing attorney as soon as possible so they can start building your case.
Unless you have a license to produce medical marijuana in the state, any activities involving the growth of ingredients or drugs, manufacturing, or evidence of manufacturing may result in steep fines and incarceration. The consequences for cultivation and manufacturing charges vary greatly depending on the type and amount of materials in evidence and the context.
Any act directly associated with the manufacturing of a controlled substance may be grounds for manufacturing charges, including compounding, processing, and converting. Any act that results in the creation of a controlled substance may be defined as manufacturing under the law.
Some individuals may also face enhanced charges for cultivation and manufacturing activities in the presence of children if an individual has a criminal history, and if someone dies or is injured as a result of drug manufacturing activities. Some individuals may face prosecution at both the state and federal levels. It is possible to face two trials and compounded sentencing for drug manufacturing and cultivation.
Drug manufacturing and cultivation felony offenses that may result in up to seven years of incarceration include:
It is also illegal to offer to cultivate or manufacture controlled substances for someone. That crime may be a misdemeanor or a felony, depending on the context. In convictions for manufacturing-offering crimes, individuals can spend up to five years in prison.
After charges have been filed, there are a number of defense strategies our Riverside drug manufacturing attorneys can employ to have the charges dropped or reduced. To secure a conviction, the prosecution has to prove you are the individual responsible for the drug manufacturing or cultivation activities and that you engaged in the illegal activity knowingly. At the Law Offices of Graham Donath, APC, we conduct independent investigations into the allegations to disprove our clients’ association with drug manufacturing activities.
We explore every angle, including the terms of the arrest and evidence confiscation, to ensure we create a strong defense. Often, law enforcement officials make mistakes along the way, violating our clients’ rights during arrests and conducting illegal searches. If our Riverside drug manufacturing attorneys can prove poor conduct during these processes, we may be able to secure a case dismissal.
The two central elements of a drug manufacturing case are possession and intent. Simply possessing a drug or an ingredient to a drug is not enough for a court to charge you with drug manufacturing. In a situation wherein the only present circumstances establish the defendant as having the drugs on him or her, the court would most likely just charge him or her with possession.
For a manufacturing and cultivating case, there must also be evidence that you intended to sell or distribute the drug. For example, if the police found a common medicine that people use to create a street drug along with a lab in your basement, they could arrest you for drug manufacturing.
If you have a permit to own the drugs you may be able to use the permit as a viable defense. For example, pharmacists have access to numerous medicines that people use to create drugs but have a license to interact with the medicine.
Defense attorneys can attempt to highlight an issue with the process, an issue with the police officer who arrested the defendant, or a variety of other mistakes to eliminate other criminal charges, but drug manufacturing and cultivating defenses cannot use some common defenses. Possession is an element, and the court will have proof of an illegal drug in your possession if your case goes to trial. Possessing an illegal drug warrants a charge. In the majority of situations, the best outcome for a drug manufacturing and cultivating defense is to get the penalties lowered.
Many defense attorneys will try to justify the possession, attempting to prove two factors:
If the attorney can prove that the defendant had the drug only for personal use, the court may lower the charges to possession, which carries a less severe penalty than manufacturing and cultivating.
The legalization of marijuana has slightly complicated manufacturing and cultivation regulations in California. It is no longer illegal to possess marijuana under certain circumstances. If the police arrest you for manufacturing and cultivating marijuana, there are a variety of possible defenses that your attorney could utilize.
If you are cultivating marijuana within California’s regulations, the court most likely cannot charge you. You must be over the age of 21, for example, to cultivate it. Your defense attorney could also argue that you have a doctor’s oral or written permission or recommendation, as it is legal to grow, cultivate, harvest, and prepare marijuana if you have medical permission.
Your attorney could also use your caregiver status as a defense. For example, a possible defense may be that you care for someone who needs medical marijuana or you have a state-issued permit.
Some of California’s other regulations for marijuana possession include:
If a California court is charging you with drug manufacturing and cultivating, you need help from an attorney with extensive knowledge of California drug laws. Contact Graham Donath Law Offices, A.P.C. for more information about how we can help you with your charges.
If you know you are being investigated for a drug cultivation and manufacturing charge, now is the time to contact a criminal defense attorney. Even if you know you are completely innocent of the charges, the investigation period is when you need to involve a professional who can protect your rights when officers approach you.
The Law Offices of Graham Donath, APC, is committed to protecting our clients’ rights in the face of drug manufacturing and cultivating allegations. Our founding attorney, Graham Donath, is a certified criminal defense specialist in the state, and he understands the laws and court systems in southern California that affect those accused of criminal activities. Contact our Riverside drug manufacturing lawyers today to get started.
“I strongly recommend Mr. Donath as a criminal defense attorney to handle complex cases. He kept me informed and spent as much time with me as it was needed for the case. He was thorough in answering my questions.” – Riva