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Types of Drug Manufacturing Offenses
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In Tennessee, the different types of drug manufacturing offenses cover a broad spectrum of actions and as a result, defending these cases can be complex. A Nashville drug crime lawyer can assist people who have been charged with drug manufacturing or related crimes involving drug possession by uncovering all of the facts, and looking for holes in the prosecution’s case. Bernie McEvoy understands the nuances of a drug manufacturing charge and can inform you of your options after an arrest. If you are facing charges for manufacturing a controlled substance in Davidson or Williamson Counties, Bernie McEvoy can potentially provide legal guidance and defense representation for your case.
Types of Drug Manufacturing Offenses in Tennessee
Tennessee laws regulate the manufacture, delivery, sale, and possession of classified drugs known as controlled substances. Controlled substances include drugs such as marijuana, cocaine, and heroin, as well as commonly prescribed medications. Without proper legal authorization, it is a crime to knowingly manufacture a controlled substance in Tennessee.
Manufacturing is broadly defined under Tennessee law to encompass a diverse range of activity. It includes actions such as producing, preparing, propagating, compounding, converting, and processing a controlled substance. Adding cutting agents to cocaine or heroin, for example, may constitute drug manufacturing. In addition, planting, cultivating, growing, and harvesting a controlled substance all fall under the definition of drug manufacturing. Growing cannabis plants on a farm, therefore, may be considered manufacturing marijuana. Manufacturing also encompasses any packaging or repackaging of a controlled substance, as well as labeling or re-labeling of its container.
Drug manufacturing is usually a felony offense. The penalties for a conviction follow the class of felony that is charged, which will depend on a number of factors. Details such as the type of controlled substance, the amount, whether a minor was involved in any way, the criminal history of the defendant, and other circumstances may be considered. Typically, a drug manufacturing conviction may be punishable by incarceration, monetary fines, and/or probation.
Possession with the intent to manufacture is a related crime. It is committed by knowingly possessing a controlled substance with the intent to manufacture it. To prove the defendant’s intent, the prosecution often relies on evidence at the scene of the arrest or the defendant’s home, such as the amount of drugs in the defendant’s possession, equipment and solvents commonly associated with drug manufacturing, witness testimony, and other relevant circumstances. Other Tennessee drug manufacturing offenses include the manufacture of an imitation controlled substance, and possession with intent to manufacture an imitation controlled substance.
Defenses to a Drug Manufacturing Charge
The many types of drug manufacturing offenses in Tennessee have led to a number of drug arrests and serious felony charges against individuals in the Nashville area. However, there are potential defenses to drug manufacturing that, if applicable, may result in reduced or dismissed charges. A seasoned drug crime attorney can assist in preparing a defense strategy tailored to the facts of a particular case.
First, the crime is not meant to include the manufacturing of a controlled substance for personal consumption. Preparing or compounding a controlled substance solely for your own use, and not for other people, does not qualify as drug manufacturing, although it may violate other laws. Drug manufacturing also does not apply to some professionals who are processing controlled substances for a legitimate purpose. Examples may include a pharmacist administering or dispensing prescription drugs in the course of their professional practice, or a medical researcher compounding a controlled substance for chemical analysis. In addition, there may be other defenses available in a drug case.
Retain a Nashville Lawyer for a Drug Manufacturing Case
Attorney Bernie McEvoy has the experience to handle complex criminal cases, including drug manufacturing and other felony charges. He can assist individuals who have been arrested in Franklin, Nashville, and other cities throughout Davidson and Williamson Counties. Contact the Law Office of Bernie McEvoy today and request a consultation to discuss your criminal matter. We are available by phone at (615) 255-9595 during business hours and (615) 804-8779 after hours and weekends, and online.