Virginia law regulates controlled substances' consumption, possession, sale, and production. This ensures that only the right amounts of dangerous drugs are in circulation and they are used by the right people and for valid reasons. Although most controlled substances have medicinal value, they are highly addictive and can be abused. Drug manufacturing requires valid permits from the local, state, and federal governments. It must be done according to laid-down regulations. Unlawful drug manufacturing occurs without valid licenses or when you violate existing rules. It is a grave crime, punishable by a hefty court fine and a lengthy prison sentence.

If you face drug manufacturing charges in Northern Virginia or the city of Fairfax because of a misunderstanding, a competent defense attorney can help you fight your charges. You will avoid the severe penalties associated with illegal drug manufacturing and the severe effects of a damaging criminal account. At Virginia Criminal Attorney, we will defend your rights and help you through all associated legal processes until you are happy with the case’s outcome.

An Overview of Drug Manufacturing Laws in Virginia

The law against the illegal manufacturing or production of controlled substances is under Virginia Code § 18.2-248. This statute specifically prohibits the production, giving away, sale, or distribution of a regulated substance or an imitation of such drugs without proper authorization. The penalties for this crime are generally grave and determined by the type and amount of drug you have produced or intend to produce. This law also prohibits the production of an imitation of a regulated substance. Even if the imitation is not as dangerous as the actual drug, the violation will result in grave penalties.

When prosecuting illegal drug manufacturing cases in Virginia, prosecutors mainly consider the type and quantities of drugs in question. The Controlled Substances Act categorizes controlled substances in five schedules, according to how dangerous they are in terms of addiction and abuse. Schedule I drugs are generally more hazardous than Schedule V drugs. This means manufacturing a Schedule I drug will likely result in more severe penalties than manufacturing a Schedule V drug. However, the illegal manufacturing of controlled substances is generally a severe crime, meaning that the punishment is usually severe regardless of the type of drug you produce or attempt to produce.

Prosecutors also consider the quantity of drugs you produce or intend to produce. A drug’s quantity can determine what you intend to do with it after production. If you face charges for making or attempting to produce a small amount of a controlled drug, your penalties will be more lenient, especially if the court learns that the drugs were for your consumption. However, producing a large amount of a controlled substance for sale, distribution, or giving away can result in graver penalties. You do not have to confess it to the police because the quantity of drugs can determine your intent.

The illegal production of a regulated substance is a felony offense. The exact details of your charges will depend on the type and amount of the drug. Severe charges for drug manufacturing can result in life imprisonment and a court fine of up to one million dollars. Here are examples of circumstances that can result in severe charges and penalties under Virginia Code § 18.2-248:

  • Producing a regulated substance weighing at least 100 grams with detectable levels of heroin
  • Producing a substance or substance combination weighing at least 500 grams with detectable quantities of these substances:
    • Coca leaves, which are used in the production of ecgonine, cocaine, and their derivatives
    • Cocaine, its derivatives, or salts
    • A compound, preparation, or concussion with any quantity of the substances above
    • A 250-gram mixture of the above substance, with at least a base of cocaine
  • At least 10 grams of methamphetamine, its isomers, and salts, with detectable amounts of methamphetamine or its isomers or salts

Drug manufacturing charges have life-changing consequences, which you can avoid with the assistance of a competent attorney. An attorney can push for a favorable result if the following are true:

  • You do not have prior drug-related convictions or a severe felony conviction in your criminal record
  • The crime was not violent, or you did not issue threats and did not accomplish the offense with a lethal weapon
  • You were not the organizer or leader of the crime and do not have a continuous unlawful business with your associates
  • You were cooperative with the police during your arrest or crime investigation
  • No one was injured or killed due to the crime

The Unlawful Manufacturing of Methamphetamine, Virginia Code § 18.2-248.03

The unlawful manufacture of methamphetamine, as prohibited under Virginia Code § 18.2-248.03, is one of the harshest drug manufacturing laws in Virginia. The statute penalizes the production of methamphetamine, or its isomers or salts, with a fine of up to $500,000 and a prison sentence of forty years. If you have one or subsequent prior convictions for the same or similar drug offense, the judge can sentence you to life in prison. However, the exact sentence depends on the quantity of drug you have produced or intend to produce.

For example, the illegal production of 100 grams of methamphetamine can result in a 10-year prison sentence. Since the production of methamphetamine mainly results in property damage, the court could order you to compensate the owner for their damages. You will also incur a substantial fine of up to half a million dollars, which you must pay within a specified time.

The severity of your crime can also depend on other factors, like your criminal history. If the production resulted or would have resulted in a small amount of methamphetamine, the penalty would be a 10-year prison sentence. This is the less severe form of this crime. Here are other factors that could worsen your legal situation and cause you to face graver penalties:

Proof of a Continuous Criminal Association, under Virginia Code § 18.2-248(l)

The court will likely be lenient with you if the production was a once-off mistake, with no likelihood of a continuous business. However, if there is proof that you were only getting started or intended to run the production business for a long time, the penalties will be graver.

To obtain credible information regarding this, the prosecutor will consider whether the drug production was part of a series of ongoing offenses under Virginia Code § 18.2-248 by the same person and in association with other people. There should be proof that you oversaw the operation and earned revenue from the enterprise.

The prosecutor will also consider whether the production was of a regulated substance under Schedules I or II and if it is connected to a criminal organization.

Unlawful Production of Schedules I and II Controlled Substances

Prosecutors also consider the nature of the controlled substance when determining charges for unlawful manufacturing of drugs. Remember that the law categorized controlled substances in five schedules, from the most dangerous to the least harmful in terms of abuse and addiction.

An unlawful production of a Schedule I or Schedule II drug will likely result in severe penalties, including a court fine of $500,000 and up to forty years in prison. A second or subsequent offender will face even graver penalties than these. The production of a dangerous substance can result in life imprisonment for a repeat offender. The offense also carries a mandatory prison sentence of up to five years, depending on the exact substance you produce or intend to produce.

However, the judge can be a little lenient if you produced or intended to produce the substance on behalf of another person. The person who receives a heftier penalty is the mastermind behind the production. You can negotiate a favorable sentence if you were tricked or forced into the production. If your attorney proves you did not benefit or had no intention of benefitting from the production, the prosecutor can file Class 5 felony charges against you. This is punishable by a ten-year prison sentence.

The Unlawful Production of Schedules III, IV, and V Substances

Although controlled substances under Schedules III and IV are not as dangerous as those under the first two schedules, they also have a high potential for abuse and addiction. This is why their production is also highly regulated in Virginia.

According to Virginia Code § 18.2-248(e1)-(e3), anyone who produces or attempts to produce controlled substances under Schedule III or IV without proper authorization is guilty of a Class 5 felony, punishable by a ten-year prison sentence. You could also face a court fine of $2,500.

In some cases, the prosecutor can file Class 6 felony charges against anyone suspected of manufacturing or attempting to manufacture a Schedule IV substance. This is punishable by a maximum of a five-year prison sentence.

The judge has absolute discretion to determine the correct sentence according to the details of your case, statutory provisions, and sentencing guidelines. They can be lenient with you if there is proof that you acted on behalf of another person. If you did not intend to profit from the production in any way, the judge can sentence you to less severe penalties. For example, if you were under duress, you could be convicted for a misdemeanor, punishable by a maximum of one year in jail.

Schedule V drugs are the least dangerous substances according to the Controlled Substances Act. Although they have some potential for abuse and addiction, they have a high medicinal value. This is what makes them popular in Virginia. However, the government regulates production, distribution, possession, and use.

An illegal production of a Schedule V drug can be a misdemeanor or felony, depending on the amount of drug you produce or intend to produce. You will likely face a misdemeanor charge if you manufacture just enough of the drug for your consumption. A misdemeanor conviction will likely result in a year in jail and $2,500 in court fines.

The Production Volume Matters

In addition to the type of controlled substance, judges also consider the amount to determine the correct penalties for anyone facing charges for the illegal production of a controlled drug. Here are some of the production amounts that can attract a prison sentence of 20 years to life in prison:

  • The production of at least one kilogram of a controlled drug or a combination of controlled substances with detectable traces of heroin
  • The production of five kilograms of a regulated drug or a combination of controlled substances with cocaine, its isomers, salts, or derivatives. The production of half of that amount of a regulated substance with cocaine or cocaine base can also result in a stiff penalty.
  • The production of 100 kilograms or more of a regulated drug or a combination of controlled substances with marijuana in traceable amounts
  • The production of at least 100 kilograms of methamphetamine
  • The manufacturing of at least 200 grams of a controlled substance with detectable amounts of methamphetamine

These cases of illegal manufacture of controlled substances are subject to enhanced sentences. An enhanced sentence means that the judge gives you an additional prison sentence and fine on top of what you already receive for the underlying conviction. You must serve the two sentences consecutively. If the underlying conviction calls for a 20-year sentence, an enhanced sentence could cause you to face a life-in-prison sentence and an even heftier fine. However, your competent attorney can help you fight the enhanced sentence if the following details about your case are actual:

  • You do not have a prior conviction for a violent offense, as defined under Virginia Code § 17.2-805
  • No one sustained a severe injury or lost their life due to your involvement in the crime.
  • You were not the leader or owner of the operation, and you were not involved in planning the offense.
  • There is no proof that you intended to continue business regarding this violation.
  • You did not threaten or harm anyone or use a dangerous weapon to accomplish the offense.
  • You cooperated with the police and prosecutor during your arrest and crime investigation.

How To Fight a Drug Manufacturing Charge

Drug manufacturing is a severely punished crime in Virginia. In addition to the hefty court fine and the lengthy prison sentence you will likely receive after a conviction, you will have an unfavorable criminal record. Such a criminal background will affect different areas in your life, including your career and social life. For example, it could make finding a good job or obtaining a professional license difficult even after serving your sentence. You will continuously be judged based on your criminal background, which can affect how you socialize or make friends.

You can avoid all this and more by putting up a solid defense against your charges during the trial. A competent defense attorney can use some legal defense strategies to push for a reasonable outcome in your case. They can defend your actions, challenge the prosecutor’s evidence, or introduce mitigating factors to trigger a favorable response by the court. Here are some of the strategies that can work in your favor:

You Did Not Knowingly Manufacture a Controlled Substance

A conviction for manufacturing a controlled substance will likely occur if there is proof that you knowingly manufactured or intended to manufacture a regulated substance without proper authorization. This requires you to know about controlled substances and the exact nature of the drug you are dealing with. You do not have to be the mastermind behind the operation to know that manufacturing a regulated substance is unlawful.

However, you are not guilty if you are tricked into the business of producing controlled substances. Someone could have lied that you are creating a harmless or valuable drug. This could happen if you were looking for work and someone offered an easy and quick way to make money where you are not required to ask so many questions.

If this happens to you, your attorney will try to ensure you do not pay for a crime you did not knowingly commit. They will demonstrate your lack of knowledge or intent to obtain a not-guilty verdict after the hearing.

The Prosecution Lacks Sufficient Evidence to Obtain a Guilty Verdict

When prosecuting criminal cases, the district attorney bears the burden of proving beyond a reasonable doubt that the defendant committed the offense for which they are accused. In this case, the prosecutor must demonstrate all the elements or facts of this crime, provided by its legal definition. For example, they must prove beyond a reasonable doubt that you knowingly produced or attempted to produce a dangerous drug. They must also prove that the drug in question is one of the substances controlled under the Controlled Substances Act.

Your attorney can skillfully use this strategy to compel the court to dismiss your charges if the prosecutor fails to prove one or more elements beyond a reasonable doubt. For example, your attorney can challenge your intent by convincing the court that you were only experimenting and not producing a controlled substance for use. If this works, the prosecutor cannot prove all elements of the case, which calls for a case dismissal.

You Are a Victim of an Illegal Search and Seizure

The police take a lot of time to arrest and obtain evidence in drug-related cases. The masterminds behind these crimes take precautions to hide and protect themselves. When the police learn about a particular drug manufacturing operation, they swiftly arrest suspects and obtain evidence. This requires them to be well-prepared and organized to ensure that the arrest, search, and seizure are all done according to the law.

However, this does not always happen. Sometimes, the police must act faster than they can obtain a search or arrest warrant to avoid losing critical evidence. Sadly, this mistake can compromise an otherwise solid case.

Police operations, including arrests and searches, are dictated by the law. An officer cannot search a person or their property without a valid warrant. They must also conduct searches within the limitations of the warrant to avoid facing legal issues. If these guidelines are not followed, the judge must dismiss any evidence gathered illegally.

If much of the evidence against you was collected without a search warrant, your attorney can use this strategy to compel the judge to dismiss it. This can weaken the prosecutor’s case, compelling the court to dismiss your charges.

The Police Used Entrapment to Obtain Evidence

Entrapment is another strategy that the police use in drug cases to catch suspected offenders and obtain evidence against them. It entails causing a suspected drug manufacturer to engage in the act so that the police can arrest them in the act of crime. Entrapment works in some cases but not in others. If you feel that you only engaged in crime because of police entrapment, your attorney can use this strategy to fight the evidence against you.

For example, if the police tricked or forced you into a crime you would otherwise not have committed, the court would dismiss your charges. However, if the prosecutor has more evidence against you, they can use it to prove your case for a guilty verdict. A skilled attorney will use this strategy only if they are sure it will result in a favorable outcome.

Find an Experienced Criminal Defense Attorney Near Me

The manufacturing of controlled drugs without a valid permit is a grave crime that can result in life-altering consequences. However, you can push for a favorable outcome by putting up a solid defense against your charges during your trial. A competent attorney can help you understand the legal implications of your charges, options, rights, and best defense strategies in your case. They can also work with you to ensure a smooth legal process and a favorable ending.

At Virginia Criminal Attorney, we have excellent skills and experience handling drug crimes. We can help you fight for a fair outcome through skillful and aggressive defense. We will not stop until you are satisfied with the results. Call us at 703-718-5533 if you or someone you love faces drug manufacturing charges in Northern Virginia or the City of Fairfax. Let us discuss your case and our services in more detail.