Drug Manufacturing Defense Attorney in Greenville, SC

What is Drug Manufacturing?

Manufacturing drugs is basically exactly what it sounds like. It is when a person creates any sort of controlled substance without permission from federal and state law enforcement. Growing marijuana, combining chemicals in order to create LSD, or manufacturing meth are all examples of illegal drug manufacturing. 

Types of Controlled Substances

Federal law separates dangerous drugs into five different drug schedules depending on certain factors, including how addictive it is, how safe it is, whether it has accepted medical uses, and more. The severity of your drug manufacturing charges may depend on the drug’s schedule.

Schedule I

A controlled substance found in the Schedule I category is described as having:

• High potential for abuse
• No accepted medical use
• Lack of safety

Examples of a substance involved in this schedule include heroin, LSD, marijuana, Ecstasy, and more.

Schedule II

Drugs found in the Schedule II category are described as having:

• High potential for abuse
• Accepted medical use (with restrictions)
• Severe physical or psychological dependence

Examples of schedule II drugs include morphine, hydrocodone, opium, oxycodone, hydromorphone, and more.

Schedule III

Drugs found in the Schedule III category are described as having:

• Lesser potential of abuse compared to drugs in the former two schedules
• Accepted medical use
• Moderate to low physical dependence and high psychological dependence

Examples of schedule three drugs include anabolic steroids, ketamine, testosterone, and Tylenol with codeine.

Schedule IV

Drugs found in the Schedule IV category are described as having:

• Lesser potential for abuse compared to drugs in schedule III
• Accepted medical use
• Physical and psychological dependence less than drugs in Schedule III

Drugs involved in this schedule include Xanax, Klonopin, Valium, Ativan, and more.

Schedule V

Drugs found in the Schedule V category are described as having:

• Lesser potential for abuse compared to drugs in Schedule IV
• Accepted medical use
• Physical and mental dependence less than drugs in Schedule IV

Examples of schedule V drugs include less than 200 milligrams of codeine, Lomotil, Motofen, Lyrica, and more.

What Do Drug Manufacturing Laws Specifically Prohibit?

Not only do drug manufacturing laws prohibit the creation of substances, they also prohibit distributing materials knowing that they will be used to create controlled substances. Law enforcement may charge every person involved in the distribution of materials.

Also illegal is the cultivation of plants that create illegal substances. Examples include marijuana plants and psychedelic mushrooms.

Can I Face Drug Manufacturing Charges if I Don’t Actually Create the Illegal Drugs?

Yes, drug or equipment possession is enough to face manufacturing drug charges in most states. If law enforcement catches you with the equipment, chemicals, or anything else that is generally attributed to the manufacturing of illicit drugs, they may arrest and charge you with drug possession, drug trafficking, and/or intent to manufacture.

What are the Penalties for Drug Manufacturing in South Carolina?

South Carolina drug laws impose severe penalties for drug crimes such as manufacturing. If police happen to catch you, you face the possibility of hefty fines and lengthy prison sentences. Below are typical sentences for the manufacturing of different types of drugs, as found in South Carolina Code Section 44-53-370:

Penalties for Manufacturing Marijuana

Both medical marijuana and recreational marijuana are illegal in South Carolina. Penalties for growing marijuana plants in South Carolina depend on how many plants are found as well as the weight of the plants. For example, if police catch a suspect growing over 100 marijuana plants, they will most likely face a drug trafficking charge. If police catch them growing less than 100 marijuana plants, then their charge will depend on the plant weight. 

In South Carolina, the penalties for manufacturing marijuana are as follows:

• First Offense: A fine of up to $5,000 and/or up to five years in prison.
• Second Offense: A fine of up to $10,000 and/or up to 10 years in prison. Additionally, suspects won’t receive federal benefits for 5 years.
• Third Offense: A fine of up to $20,000 fine and/or up to 20 years prison. Additionally, suspects will never receive federal benefits.

Penalties for Manufacturing Cocaine

If police catch a suspect with more than 1 gram of cocaine, they could face manufacturing and possession with intent to distribute (PWID) charges. Additionally, if police catch a suspect with scales, cocaine in separate containers, or texts/emails regarding distribution, they may face even more severe charges than the ones listed below.

• First Offense: A fine of up to $25,000 fine and/or 15 years in prison.
• Second Offense: A fine of up to $50,000 fine and/or up to 30 years in prison.
• Third Offense: A fine of up to $50,000 fine and/or up to 30 years in prison. Additionally, neither suspension nor probation will be granted.

Penalties for Manufacturing Heroin

Suspects who manufacture heroin with the intent to distribute face extremely harsh penalties, as reflected below.

• First Offense: Fine of up to $25,000 and/or up to 15 years in prison.
• Second Offense: Fine of up to $50,000 and/or 5 to 30 years in prison.
• Third Offense: Fine of up to $50,000 and/or 10 to 30 years in prison.

Penalties for Manufacturing Methamphetamine and Crystal Meth

Suspects who manufacture methamphetamine with intent to distribute may face the charges listed below.

• First Offense: Fine of up to $25,000 and/or up to 15 years in prison.
• Second Offense: Fine of up to $50,000 and/or 5 to 30 years in prison.
• Third Offense: Fine of up to $50,000 and/or 10 to 30 years in prison.

Penalties for Manufacturing LSD

Suspects who are caught manufacturing LSD with the intent to distribute (more than 50 micrograms) may face the penalties listed below.

• First Offense: Fine of up to $25,000 and/or 15 years in prison.
• Second Offense: Fine of up to $50,000 and/or 5 to 30 years in prison.
• Third Offense: Fine of up to $50,000 and/or 10 to 30 years in prison.

What are Some Defenses for Drug Manufacturing Charges?

The Greenville criminal defense attorneys at AnneMarie Odom Law in South Carolina can defend you from any kind of drug offense, including drug trafficking offenses, drug distribution offenses, actual possession of drugs, and more. It’s important to remember, however, that many of the defenses your attorney uses often won’t completely clear your name of the drug crime. Rather, these defenses could result in a less severe charge and reduced penalties. 

Listed below are some of the more common defenses for drug charges. If any of these defenses seem to align with the facts of your case, let your attorney know as soon as possible. 

Lack of Knowledge

Maybe you didn’t know that your state outlaws the substance you manufactured. Or maybe you know that while South Carolina outlaws buying and selling marijuana, you weren’t aware that it also prohibited growing marijuana for personal use. This certainly isn’t the strongest defense out there, but your attorney may still use it to your advantage.

Lack of Intent

If you appear to have the generic materials that people tend to use for drug manufacturing but you never intended to use them for such a crime, an attorney will try to use this fact to your advantage. As stated previously, possession with intent is often what matters most with drug charges. For example, people may use small scales for illegal drug production, but they can just as well use them for weighing food.  

Under 18 Years Old

Minors are still subject to penalties when it comes to committing any type of crime. However, minors are often spared from the more severe types of legal punishment. If you’re a minor who’s currently in trouble for manufacturing or distributing drugs, an attorney can fight for you to receive a less severe punishment and may even be able to help you get the charge expunged after the fact.

Mental Illness or Disease

Suspects who suffer from severe mental illness or disease may also face less severe legal ramifications for drug crimes. If you’re facing a drug crime and your general understanding, awareness, and/or emotional wellbeing are significantly damaged due to a mental illness or disease, let your attorney know so they may enact this defense.

Illegal Search and Seizure

This is a very common, often vigorous defense in drug crimes. According to the Fourth Amendment of the Constitution, authorities are only allowed to search a person’s body or property under very specific situations. For example, this defense would work well if an officer randomly decided to force open your car’s trunk without your permission and they found illegal drugs and materials. But this defense wouldn’t benefit you if an officer pulled you over for speeding and saw illegal drugs or materials in the passenger seat of your car, as the illegal objects were in plain sight.

Improper Use of Search Warrant

This defense is similar to the aforementioned and is also common in many drug charge cases. Basically, police must have probable cause in order to receive a search warrant and search your property. For example, an officer may possess probable cause if they’ve received numerous tips about someone manufacturing drugs inside a residence. Alternatively, they would not have probable cause if they attempt to obtain a search warrant simply because they think a person looks like a drug dealer. 

There are very few situations in which police don’t have to obtain a search warrant to search your person or property. These include:

• If you provide consent for police to search your property.
• If the police have already arrested you for a crime, they can legally search your property for more evidence.
• The drugs or other evidence is in plain sight, like in the passenger seat of your car.

Additionally, it is incredibly important for officers to keep everyone safe as well as protect and preserve evidence. As such, if waiting for a search warrant might likely result in the loss of life or important evidence, officers may be able to execute a search without first possessing a warrant.

Should an officer have no solid reason to obtain a search warrant and then search your property, your attorney might emphasize this in court.

Call AnneMarie Odom Law Today

As you can see, the potential penalties for drug manufacturing in South Carolina are extreme. Luckily, however, there are many defenses that may be available to you in this situation. The most important thing you can do if you are facing drug charges in South Carolina is to contact an experienced Greenville criminal defense lawyer as soon as possible. Your lawyer will help you assert and protect your rights while establishing a strong defense for the case against you, among many other things.

If you’re facing South Carolina drug charges, you need an experienced drug defense lawyer like AnneMarie Odom on your side ASAP. At AnneMarie Odom Law, we prioritize every single attorney-client relationship and we fight tooth and nail to ensure that our clients receive the best case outcome possible. Call us today at (864) 775-5833 or complete our online intake form for a free consultation.