Drug Manufacturing
Many people talk about “drug charges” in very general terms. However, as you may have already discovered, some drug charges are significantly worse than others. Possession of a small amount of a controlled substance can be a low-level felony or even a misdemeanor. Possession with the intent to distribute is typically a high-level felony, and drug manufacturing is usually even more severe. If you’ve been charged with drug manufacturing, you have a difficult legal battle ahead — but a skilled criminal defense attorney may be able to help.
There are no guarantees in a court of law. However, when you have an experienced criminal defense lawyer by your side, you increase your chances of a positive outcome. Your attorney can craft a robust defense for you. Even if you are convicted, they may be able to negotiate lower fines and shorter prison terms.
What Does “Manufacturing” Mean Under the Law?
You might think that you can only be charged with drug manufacturing if you’re caught making a drug from scratch. However, under Illinois law, “manufacturing” has a much broader definition. When it comes to drug charges, “manufacturing” can mean any of the following:
- Producing, compounding, or preparing substances
- Processing or encapsulating substances
- Packing or repackaging
- Labeling or re-labeling.
Essentially, you don’t have to actually make drugs to be charged with manufacturing. If you have a collection of pills and put them into smaller bottles to sell them, you could be convicted of drug manufacturing.
What Kinds of Drugs Are Covered Under the Illinois Controlled Substances Act?
The Illinois Controlled Substances Act is a law regulating the use of potentially dangerous drugs. However, it deals with more than just illegal drugs — the law makes it illegal to manufacture controlled substances, counterfeit controlled substances, and controlled substance analogs.
Controlled Substances
Controlled substances are drugs that are regulated by the government because of their abuse potential. Some controlled substances — like cocaine, heroin, and methamphetamine — are completely illegal. Others are legal when prescribed by a doctor but not when sold on the street.
Counterfeit Controlled Substances
Some people manufacture their own versions of controlled substances in order to sell them. A common example is counterfeit pain pills. Skilled manufacturers can take psychoactive substances and make them into pills that include the same lines and markings as actual prescription drugs.
Controlled Substance Analogs
Sometimes, manufacturers start creating “designer drugs,” or drugs that are chemically similar to controlled substances, in order to circumvent bans. However, because the Illinois Controlled Substances Act expressly includes analogs, it is also illegal to manufacture them.
Drug manufacturing is a serious charge that demands serious representation. Call Wolfe & Stec at 630-305-0222 to book your free consultation now.
What Are the Penalties for Drug Manufacturing in Illinois?
You Could Be Facing Serious Prison Time
Without illegal drug manufacturers, the illicit drug trade would come to a halt. Because manufacturers play such a major role, they generally face harsher sentences than many people who are caught selling drugs. However, determining the exact sentence you may be facing is often more complicated than it sounds — prison time and fines can vary substantially. For many Schedule I drugs (drugs that are completely illegal), prison sentences for drug manufacturing convictions are as follows:
- 15g to < 100g: 6 to 30 years
- 100g to < 400g: 9 to 40 years
- 400g to < 900g: 12 to 50 years
- 900g or More: 15 to 60 years.
Each of these convictions is a Class X felony — the most serious type of felony in Illinois. These violations also come with fines of up to $500,000 or the total street value of the drugs. Sometimes, depending on the volume and quantity of the drugs you have, their street value may be in excess of $500,000.
The Illinois Controlled Substances Act is a lengthy, complex law. Fines and prison terms can vary dramatically based on the type of controlled substance involved, the amount of the substance you have, your past criminal history, and other circumstances of your case. Don’t assume you know the exact penalties you’re up against — get in touch with us. The Wolfe & Stec team can talk to you about your case, review arrest records, and help you understand the exact charges and potential penalties you’re facing.
FAQ
Whether you’ve faced criminal charges before or this is your first arrest, you probably have countless questions. Here’s a look at some of the questions our clients most commonly ask us.
Is drug manufacturing a felony?
Yes. Under the Illinois Controlled Substances Act, drug manufacturing offenses are classified as felonies.
What is the penalty for manufacturing drugs in Illinois?
The penalties for drug manufacturing in Illinois can vary widely depending on many factors, including the controlled substance involved, the amount of the substance, the degree of your involvement in manufacturing, and your criminal history. However, a conviction can result in a prison sentence of 6 years to 60 years and a fine of up to $500,000.
Why should I hire an attorney instead of working with a public defender?
When you’re facing a charge as serious as drug manufacturing, you need an attorney with extensive experience defending those accused of drug offenses. Many public defenders are inexperienced or have extremely heavy caseloads, so they may not be able to create the robust defense you deserve.
Can an attorney help me even if I know I’m guilty of the crime?
Yes. Your attorney will carefully look for issues in your case, including procedural errors and violations of your rights, that might result in an acquittal. Even if you are ultimately convicted, your lawyer may still be able to help you achieve a better outcome. A skilled attorney can often successfully argue for more lenient sentencing.
What defenses can my lawyer use if I’m charged with drug manufacturing?
Your defense will be determined by your unique circumstances. However, some common defenses include claiming that the police violated your rights when seizing evidence, that you accidentally made a controlled substance, or that you were unaware you were part of a drug manufacturing operation.
At Wolfe & Stec, we believe that the role of a criminal defense attorney isn’t just to represent you. It’s also to help you understand the court system and the progress of your case from start to finish. If you have questions about your legal situation, we encourage you to get in touch.
Why Choose Us?
The Experience You Need. The Representation You Deserve.
Facing any kind of criminal charge is scary. But if you’ve been charged with something as serious as manufacturing drugs, it’s easy to feel completely overwhelmed. In many cases, people arrested for drug manufacturing are facing the prospect of decades in prison and hundreds of thousands of dollars in fines. The facts might make your case seem grim, but you shouldn’t give up. When you have a criminal defense attorney with years of experience, you increase your odds of a favorable outcome.
The Wolfe & Stec team has helped countless Illinois residents successfully navigate some of the most trying times of their lives. You don’t have to take our word for it, though — our case record speaks for itself.
When you take chances with your legal representation, you’re gambling with your future — and that’s not a risk you want to take. At Wolfe & Stec, we put our courtroom experience to work for you. Call us today at 630-305-0222 to book a free consultation.
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