What is Drug Manufacturing and Cultivation?

Categories: Criminal Defense

drug cultivation

Manufacturing or cultivating illegal drugs – such as methamphetamines – is illegal under federal and state laws. While the possession of marijuana is not illegal any longer, it is still illegal to manufacture marijuana and then transport it over state lines to a state that does not have marijuana legalized. You do not have to manufacture the entire illegal substance to be guilty of manufacturing. In fact, selling precursor chemicals, drug manufacturing equipment, and even offering to help cultivate illegal drugs could be considered a crime.

Is It a Felony?

Drug manufacturing is a felony in the state of Colorado. But, what you should be more concerned with are the federal consequences in combination with the state penalties. If you are charged with cultivation, you could face federal penalties.

Drug Schedules

There are federal drug statutes that establish categories or schedules for all controlled substances. These are what classify substances as illegal drugs. When it comes to punishment for manufacturing and cultivation, there are three key factors that will come into play:

  1. The schedule of the drug that you are cultivating or manufacturing;
  2. The quantity that you have manufactured or were in possession of;
  3. The purpose for which you were manufacturing – such as for personal use or distribution.

Producing, manufacturing, and selling illegal drugs is the most serious crime that you could commit in Colorado. You could be convicted of possession with the intent to distribute based solely on the amount that you have – even if you truly did not intend to distribute the drugs.

In the state of Colorado, possession for personal use is less serious, but if you are found with any sort of manufacturing and/or distribution materials, it is unlikely that you will be charged with only possession.

Enhanced Punishments Could Ensue

You could also face enhanced penalties for your drug crimes in the state of Colorado. These penalties will go into effect if minors are used to help manufacture or distribute your drugs, or if you present those drugs to any minors. Also, if you distribute your manufactured drugs on school property, you will face enhanced penalties.

The Fourth Amendment

Most manufacturing and cultivation cases will involve Fourth Amendment Search and Seizure violations – and this could be a good thing for you as a criminal defendant. The government is notorious for frequently violating defendants’ Constitutional Rights – especially when searching for drugs and evidence of manufacturing. A skilled criminal defense attorney can help recognize if your rights were violated, and use those rights as part of your defense. If successful, your charges could be dismissed.

Contact a Colorado Criminal Defense Attorney Today

If you have been arrested or are being charged with manufacturing and cultivation, you need an experienced defense attorney to help weaken the prosecution’s case and get you the most satisfactory as possible outcome. Contact Mark S. Rubinstein, P.C. today to schedule a free consultation by calling 970-704-0888, or request your consultation online.

Mark Rubinstein

Attorney Mark S. Rubinstein has been practicing law for more than 30 years, including 25 years in Colorado. He founded Mark S. Rubinstein, P.C., in Carbondale after working for law firms in Denver and earlier in his career in San Diego. He focuses his practice in the areas of criminal defense and personal injury representation, and he is well known throughout western Colorado as an effective and unwavering advocate for his clients.