What Is Drug Manufacturing?
According to the law, drug manufacturing is considered a serious crime just like other drug offenses. An individual can be charged with drug manufacturing if they are involved in any part of the drug production process. This applies to all controlled substances, including ecstasy, marijuana, and cannabis oil.
What Is Considered Drug Manufacturing?
It is worth noting that drug manufacturing charges apply not only to those who physically produce the drugs. Instead, anyone who participated in any aspect of the drug manufacturing process could face drug manufacturing charges. If someone sells materials or equipment used to make drugs, they could also be charged with drug manufacturing. Additionally, offering to participate in drug manufacturing can also result in criminal charges.
Drug Manufacturing vs Other Drug Offenses in Las Vegas
In Nevada, drug manufacturing convictions carry severe penalties that may differ based on several factors, like the quantity and type of drug produced. Other variable factors may also come into play. Remember that the penalties for drug manufacturing are more severe compared to drug possession. For instance, if you are caught with drugs for the first time, it would be a misdemeanor if it is for possession. However, if it is for drug production, it would be classified as a felony even for the first offense.
Drug Laws And Schedules In Nevada
According to the Controlled Substances Act (CSA), controlled substances are classified into five different drug schedules, which also apply in Nevada: Schedule I; Schedule II; Schedule III; Schedule IV; Schedule V. The penalties for a drug manufacturing charge depend on the schedule and quantity of the drugs involved. Below are the classifications:
According to NRS 453.166, Schedule I controlled substances is a category of drugs that are believed to have a strong likelihood of abuse and do not have a recognized use for treatment in the medical community and thus lack a benefit when administered under the care of a doctor. Some common examples of Schedule I controlled substances include the following:
According to NRS 453.176 Schedule II controlled substances have the same high potential for abuse as Schedule I substances but have some accepted in the medical community. Schedule II substances are believed to be very addictive and can lead to severe psychological or physical dependency. Some common examples of Schedule II controlled substances include the following:
According to NRS 453.186 Schedule III, controlled substances are less likely to be abused compared to Schedule I and II drugs, however, schedule III drugs are still dangerous. Schedule III drugs are believed to have a low to moderate dependence of a physical or psychological nature. Some common examples of Schedule III controlled substances include the following:
- Anabolic steroids
According to NRS 453.196 Schedule IV, controlled substances have a low likelihood of abuse by the user and have recognized uses for medical treatment within the United States. These substances are believed to cause relatively limited dependence by their users. Some common examples of Schedule IV controlled substances include the following:
According to NRS 453.206, Schedule V lists controlled substances that have little potential for abuse and are commonly used by medical doctors during treatment. Additionally, Schedule V substances have a low likelihood of chemical dependence. Some common examples of Schedule V controlled substances include the following:
- Substances with small amounts of codeine, such as cough suppressants
- Substances with small amounts of dihydrocodeine
- Substances with small amounts of opium
- Substances with small amounts of difenoxin
- Substances with small amounts of ethylmorphine
Property Owner Liability In Drug Manufacturing Cases
When it comes to charges for drug manufacturing (whether they are state charges or federal charges), it is also important to consider property owner liability.
According to 21 U.S. Code § 856, “it shall be unlawful to—
knowingly open, lease, rent, use, or maintain any place, whether permanently or temporarily, for the purpose of manufacturing, distributing, or using any controlled substance;
manage or control any place, whether permanently or temporarily … and knowingly and intentionally rent, lease, profit from, or make available for use, with or without compensation, the place for the purpose of unlawfully manufacturing, storing, distributing, or using a controlled substance.”
If you are charged with violating this code and committing an unlawful act, then you could face lengthy prison sentences and/or expensive fines. It’s critical that you contact an experienced Las Vegas drug manufacturing defense lawyer as soon as possible to discuss your options and begin building your defense.