Under Alabama law, drug manufacturing is defined as a person who authorizes, manufactures, or possesses a precursor controlled substance. Drug manufacturing in Alabama is a Class B Felony with the range of punishment from 2 to 20 years in the state penitentiary and up to a $30,000 fine. Growing drugs or packaging drugs in Alabama would be defined as manufacturing under state law. Alabama takes these types of crimes seriously and law enforcement discovering drug manufacturing cases will impose serious sanctions on those convicted of committing these crimes.
Consequently, if facing charges of drug manufacturing, you are facing serious penalties and there is no time to waste when it comes to crafting the most effective defense strategy possible. An Alabama drug lawyer is ready and willing to fight to protect your rights, and help protect your future. A skilled Alabama drug manufacturing lawyer’s help is essential as soon as possible.Difference to Other Drug Charges
In Alabama, drug manufacturing offenses have their own specific laws separate from other drug offenses. There is a distinction between possession and manufacturing. There must be an intent to manufacture or actual manufacturing shown as well as possession of a precursor chemical and intent to manufacture.
Individuals who are involved in a small part of the process or who only supply materials could still be found guilty of either drug manufacturing or attempted drug manufacturing under what is called complicit or accomplice liability.Legal Considerations
Most activity in Alabama that makes up drug manufacturing is covered under the state and local laws. However, there are few things that will be permissible, but when connected to drug manufacturing would be illegal, such as possession of precursor chemicals including buying Pseudoephedrine from one’s local drug store or grocery store. If the state can connect an intent to those purchases, then a person could be prosecuted for drug manufacturing even when the activity of buying that type of medication in and of itself is not illegal. Under these circumstances, it is imperative to seek the counsel of a drug manufacturing lawyer to ensure a strong defense is built.Law Enforcement Treatment
Alabama law enforcement handles drug manufacturing charges by deciding whether to prosecute the case as a second-degree or first-degree charge. A person commits the crime of unlawful manufacture of controlled substance in the first-degree, which has higher penalty range, if they manufacture a controlled substance and then as well have two or more of the following conditions connected with the manufacturing:
- Possessing a firearm
- Using a booby trap
- Having a clandestine laboratory operation within 500 feet of a residence, business, church, or school
- Having an actual laboratory operation when any person under the age of 17 was present during the process
Unlawful manufacturing in the first degree is a Class A Felony. Therefore, as an Alabama drug manufacturing lawyer can explain, law enforcement does have discretion in determining the factual basis of the arrest whether they prosecute it as a second or first-degree charge.Benefits of an Attorney
It is easy to let panic set in following the issuance of a drug charge, but that will only serve to reduce the likelihood of a positive legal outcome. Time is the enemy in terms of conducting a comprehensive examination of the facts and marshaling critical evidence. If you are facing such charges, it is important to contact an Alabama drug manufacturing attorney immediately. An experienced lawyer can fight to have any and all penalties associated with your charge reduced.