Manufacturing or Cultivation of a Controlled Substance
If you are charged with manufacturing or cultivating a controlled substance, you will be facing a felony charge according to Michigan law. The State or even the Federal government can charge a person for playing a part in the cultivation or manufacture of a drug. The term “manufacture” can include preparing, packaging, repackaging, labeling, relabeling or processing of an imitation controlled substance, either directly or indirectly. The term “cultivation” can include such things as planting cannabis seeds. Drugs are classified as schedule 1 through 5, and depending on the classification and the amount you manufactured, the penalties vary.
Controlled Substances Schedules 1 through 5 include:
Common schedule I drugs are considered to be the most dangerous with a high potential for abuse and include such drugs as: ecstasy, LSD, heroin, GHB, and hallucinogenic mushrooms.
Common schedule II drugs are considered to have a high potential for abuse, although less than schedule I drugs and include such drugs as: opium, cocaine, morphine, OxyContin, Adderall and hydrocodone.
Common schedule III drugs are considered to have a moderate to low potential for abuse and include such drugs as: anabolic steroids, vicodin, and Tylenol with codeine.
Common schedule IV drugs are considered to have a low potential for abuse and include such drugs as: valium, rohypnol, Soma, Ambien and Xanax.
Common schedule V drugs are considered to have the lowest potential for abuse and include such drugs as: ephedrine and codeine which is often found in cold medicine and cough syrups.
The potential for abuse is a critical factor in determining which schedule a drug is placed in, and a particular drug need not be listed in the schedules to be treated as a schedule I drug for criminal prosecution. If you are found with a drug that has a similar chemical makeup to one of the drugs in schedule I, for example, the prosecutor will charge you with possession of a schedule I drug.
For a more comprehensive discussion on drugs, their classification, and chemical makeup you can visit the DEA website.
Common manufacturing a controlled substance charges and penalties include:
-Manufacturing less than 50 grams of a schedule I or II drug is a 20-year felony with a fine of up to $25,000.00.
-Manufacturing between 50 – 450 grams of a schedule I or II drug a 20- year felony with a fine of up to $250,000.00.
-Manufacturing between 450 – 1000 grams of a schedule I or II drug is a 30-year felony with a fine of up to $500,000.00.
-Manufacturing more than 1,000 grams of a schedule I or II drug is a possible life sentence felony with a fine of up to $1,000,000.00.
-Manufacturing a schedule III drug is a 7-year felony with a fine of up to $10,000.00.
-Manufacturing a schedule V drug is a 2-year felony with a fine of up to $2,000.00.
Common Cultivation of Marijuana charges and penalties include:
-Cultivating fewer than 20 marijuana plants or less than 5 kg of marijuana is a 4-year felony with a fine up to $20,000.00.
-Cultivating between 20-2000 marijuana plants or between 4-45 kg of marijuana is a 7-year felony with a fine up to $500,000.00
-Cultivating 200 marijuana plants or over 45kg of marijuana is a 15-year felony with a fine up to $10,000,000.00.
Defending the Manufacturing of a Controlled Substance Charge
Attorney Barton W. Morris, Jr., will evaluate every detail of your manufacturing or cultivation case to ensure that the evidence against you was gathered appropriately and in compliance with your 4th Amendment rights against unlawful searches and seizures – which is a common violation police officers make. If Barton W. Morris, Jr., can show that the police violated your rights, the evidence obtained must be suppressed and therefore the charges will be dropped. No evidence = Not Guilty.
For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Manufacturing or Cultivation drug charge. Barton W. Morris is dedicated to researching and understanding drug charges and takes an aggressive approach in defending each and every one of his clients. Having conducted multiple dozens of jury trials gives Attorney Barton W. Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.
Attorney Barton W. Morris, Jr., represents clients in the Oakland, Wayne and Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy and all surrounding areas.