Crime Overview Drug Cultivation And Manufacturing
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Charges for drug cultivation or manufacturing can be very serious, even if only a small amount of a drug is being cultivated for personal use. Being in possession of a marijuana plant, for example, if you live in a close proximity to a school, could be a federal offense subject to a mandatory prison sentence of one year. The type of drug, quantity and your location can all be determining factors in a criminal action for drug cultivation or manufacturing.
Drug manufacturing and cultivation laws pertain to growing, producing or possessing certain plants and other naturally occurring elements used for producing illegal controlled substances, which includes cannabis seeds and marijuana plants. It also relates to producing illegal drugs, such as crack cocaine, methamphetamine, LSD and ecstasy, and possessing certain precursor chemicals that are used to manufacture drugs using chemicals and laboratory equipment.
The cultivation and manufacturing of illegal drugs can take place in wilderness areas, on farms, in gardens or greenhouses, or in drug labs in residential properties, hotels, abandoned buildings, or even mobile units, such as cars, vans, or recreational vehicles. Many drugs are cultivated or manufactured outside of the United States, but production also occurs domestically, particularly production of methamphetamines. The sites pose a major health problem, as the properties on which the drugs are processed may contain and/or emit hazardous chemicals.
In fact, the manufacture of methamphetamines is a growing problem, and many states have recently enacted new and more stringent laws to combat the production of this illegal and highly addictive substance. National public health officials have also gotten involved because of the toxic nature of the process and the health risk it poses to children and others who are near the manufacturing facility. It has been argued that methamphetamine manufacturing can cause just as much harm as its distribution and use. Because methamphetamines are created using legal substances, such as cold medicines and fertilizers, new laws have been enacted to track and restrict the sale of these legal products.
In the 1980s, the U.S. Congress enacted a law that made jail terms mandatory for drug dealers and people who are in possession of a certain quantity of drugs. The numerous arrests made in connection with illegal drug manufacturing have been one of the factors that have led to overcrowded prisons. Because of this many states are beginning to implement different punishments than imprisonment for drug offenders. These are called drug courts, and they mandate that the defendant receives a sentence of mandatory enrollment in a drug treatment program, rather than standard incarceration. In many locations, and for many offenders, this has proved a much more effective way of dealing with drug-related crime.
Both federal and state laws prohibit the cultivation and manufacturing of illegal drugs. While state laws can vary, federal laws apply throughout the United States , and can carry stiff mandatory penalties for offenders. If you are charged with manufacturing or cultivating an illegal drug, you may want to hire a competent criminal defense attorney to protect your rights.
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