Under the Pennsylvania Controlled Substances, Drugs, Device, and Cosmetic Act, it is illegal to manufacture or distribute a controlled drug without being licensed. Any time a person is in possession of illegal narcotics or the chemicals that are used to create illegal narcotics, there is a potential for them to be charged with drug manufacturing. If you were arrested for drug manufacturing charges, you could face severe penalties including jail time. Work with an experienced York County, PA drug crime attorney to formulate a strong defensive strategy for your case.
How Does PA Define Drug Manufacturing?
Drug manufacturing when it comes to the law is defined as the production, propagation, compounding, converting, or processing of a controlled dangerous substance (CDS). Any person who manufactures an illicit drug without proper authorization to do so can be charged. In Pennsylvania, drug manufacturing and drug delivery go hand in hand. This means that any person being charged with drug manufacturing will likely also be charged with possession with the intent to distribute.
There is a category of CDSs broken up into five schedules, Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. Schedule I contains the most dangerous drugs with the highest risk of being abused or causing addiction. Drugs found in Schedule I include LSD and heroin. Schedule II drugs are also dangerous but are used for medicinal purposes, like methamphetamine, fentanyl, oxycodone, etc. Charges involving these drugs are the most heavily prosecuted.
What Are the Penalties for Drug Manufacturing in PA?
Penalties will vary depending on what degree you are charged with and what drugs you were caught manufacturing. Narcotic drugs as in opioids are the most severely punished as they have an exceedingly high risk for abuse and addiction. All drug manufacturing charges are considered felonies, except for those involving only Schedule V drugs which are charged as a misdemeanor.
If you are charged with the manufacturing of a narcotic drug you could face:
- Fines of up to $250,000
- Incarceration for up to 15 years
If you were found guilty of manufacturing 100 grams or more of an opioid you will face a mandatory minimum of 5 years of imprisonment and $25,000 fines.
Manufacturing methamphetamine, cocaine, or PCP can result in:
- Fines of up to $100,000
- Incarceration for up to 10 years
If you were found guilty of manufacturing 100 grams or more of one of these drugs you will face a mandatory minimum of 5 years of imprisonment and $50,000 fines.
Any other Schedule I, II, or III drugs could cause penalties of:
- Fines of up to $15,000
- Incarceration for up to 5 years
Convictions related to Schedule IV drugs may be charged with:
- Fines of up to $10,000
- Incarceration for up to 3 years
Schedule V drug manufacturing convictions can result in:
- Fines of up to $5,000
- Incarceration for up to 1 year
